AB 2887: School safety plans: medical emergency procedures.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 419, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan when the plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures relating to the response to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make a change to conform a certain requirement for the approval of charter petitions by school districts and for the approval of countywide charters by county offices of education. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)This bill would incorporate additional changes to Section 32282 of the Education Code proposed by AB 1858, AB 2968, AB 176, and SB 176 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1858 to be operative only if this bill and AB 1858 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1858 to be operative only if this bill and AB 1858 are enacted and this bill is enacted last.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan when the plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures relating to the response to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make a change to conform a certain requirement for the approval of charter petitions by school districts and for the approval of countywide charters by county offices of education. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)This bill would incorporate additional changes to Section 32282 of the Education Code proposed by AB 1858, AB 2968, AB 176, and SB 176 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1858 to be operative only if this bill and AB 1858 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1858 to be operative only if this bill and AB 1858 are enacted and this bill is enacted last.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan when the plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures relating to the response to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make a change to conform a certain requirement for the approval of charter petitions by school districts and for the approval of countywide charters by county offices of education. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)This bill would incorporate additional changes to Section 32282 of the Education Code proposed by AB 1858, AB 2968, AB 176, and SB 176 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1858 to be operative only if this bill and AB 1858 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1858 to be operative only if this bill and AB 1858 are enacted and this bill is enacted last.
(2)(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan when the plan is next reviewed and updated on or after January July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures relating to the response to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make a change to conform a certain requirement for the approval of charter petitions by school districts and for the approval of countywide charters by county offices of education. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan, plan when the plan is next reviewed and updated on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures relating to the response to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make a change to conform a certain requirement for the approval of charter petitions by school districts and for the approval of countywide charters by county offices of education. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan, procedures that address the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures and policies relating to the appropriate use of school personnel to respond the response to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make a change to conform a certain requirement for the approval of charter petitions by school districts and for the approval of countywide charters by county offices of education. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law expresses the intent of the Legislature, for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, that are operated by a school district to develop, in cooperation with identified partners and other persons who may be interested in the prevention of campus crime and violence, a comprehensive school safety plan, as defined.
This bill would revise that statement of intent to include local emergency medical services personnel and other persons who may be interested in the health and safety of pupils among the identified cooperating partners, and would revise the definition of safety plan for purposes of the statement of intent to expand its scope, as specified.
Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan include identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety.
This bill would additionally require, as part of the comprehensive school safety plan, procedures that address the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.
This bill would authorize a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures and policies relating to the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds as are required by the bill in a school district or county office of education comprehensive school safety plan. To the extent the bill imposes additional duties on chartering authorities, which include governing boards of school districts and county boards of education, when reviewing the petition for the establishment of a charter school, the bill would impose a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This act shall be known, and may be cited, as the Heather Freligh Act.
SEC. 2.Section 32280 of the Education Code is amended to read:32280.It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 3.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.1.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.3.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.4.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.5.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.6.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.7.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 4.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.5.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (N) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.5.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (N) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 6.(a)(1)Section 3.1 of this bill incorporates amendments to Section 32282 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176 are all not enacted or as enacted do not amend that section, and (D) this bill is enacted after Assembly Bill 1858, in which case Sections 3, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(2)Section 3.2 of this bill incorporates amendments to Section 32282 of the Education Code proposed by both this bill and Assembly Bill 2968. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 1858, Assembly Bill 176, and Senate Bill 176 are all not enacted or as enacted do not amend that section, and (D) this bill is enacted after Assembly Bill 2968, in which case Sections 3, 3.1, 3.3, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(3)Section 3.3 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 1858 and Assembly Bill 2968 are both not enacted or as enacted do not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.3 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(4)Section 3.4 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, and Assembly Bill 2968. That section of this bill shall only become operative if (A) all three bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 176 and Senate Bill 176 are both not enacted or as enacted do not amend that section, and (D) this bill is enacted after both Assembly Bill 1858 and Assembly Bill 2968, in which case Sections 3, 3.1, 3.2, 3.3, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(5)Section 3.5 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 1858, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 1858, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 2968 is not enacted or as enacted does not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.5 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.6, and 3.7 of this bill shall not become operative.
(6)Section 3.6 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 1858 is not enacted or as enacted does not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.6 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.7 of this bill shall not become operative.
(7)Section 3.7 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 1858, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 1858, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, and (C) this bill is enacted last of those bills, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.7 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.6 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 47605 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 47605 of the Education Code, and (3) this bill is enacted after Assembly Bill 1858, in which case Section 4 of this bill shall not become operative.
(c)Section 5.5 of this bill incorporates amendments to Section 47605.6 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 47605.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1858, in which case Section 5 of this bill shall not become operative.
SEC. 7.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.
This act shall be known, and may be cited, as the Heather Freligh Act.
SEC. 2.Section 32280 of the Education Code is amended to read:32280.It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 3.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.1.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.3.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.4.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.5.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.6.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.7.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 4.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.5.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (N) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.5.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (N) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 6.(a)(1)Section 3.1 of this bill incorporates amendments to Section 32282 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176 are all not enacted or as enacted do not amend that section, and (D) this bill is enacted after Assembly Bill 1858, in which case Sections 3, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(2)Section 3.2 of this bill incorporates amendments to Section 32282 of the Education Code proposed by both this bill and Assembly Bill 2968. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 1858, Assembly Bill 176, and Senate Bill 176 are all not enacted or as enacted do not amend that section, and (D) this bill is enacted after Assembly Bill 2968, in which case Sections 3, 3.1, 3.3, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(3)Section 3.3 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 1858 and Assembly Bill 2968 are both not enacted or as enacted do not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.3 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(4)Section 3.4 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, and Assembly Bill 2968. That section of this bill shall only become operative if (A) all three bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 176 and Senate Bill 176 are both not enacted or as enacted do not amend that section, and (D) this bill is enacted after both Assembly Bill 1858 and Assembly Bill 2968, in which case Sections 3, 3.1, 3.2, 3.3, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(5)Section 3.5 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 1858, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 1858, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 2968 is not enacted or as enacted does not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.5 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.6, and 3.7 of this bill shall not become operative.
(6)Section 3.6 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 1858 is not enacted or as enacted does not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.6 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.7 of this bill shall not become operative.
(7)Section 3.7 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 1858, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 1858, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, and (C) this bill is enacted last of those bills, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.7 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.6 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 47605 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 47605 of the Education Code, and (3) this bill is enacted after Assembly Bill 1858, in which case Section 4 of this bill shall not become operative.
(c)Section 5.5 of this bill incorporates amendments to Section 47605.6 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 47605.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1858, in which case Section 5 of this bill shall not become operative.
SEC. 7.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.
This act shall be known, and may be cited, as the Heather Freligh Act.
SECTION 1.SEC. 2.Section 32280 of the Education Code is amended to read:32280.It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 2.SEC. 3.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.1.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(K)(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.3.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.4.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(K)(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.5.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(K)(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.6.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.7.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both all of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(III)(ia)Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.
(ib)Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.
(ic)For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:
(i)(I)The school shall not conduct a high-intensity drill.
(II)For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.
(ii)The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.
(iii)The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:
(I)Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.
(II)Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.
(III)The ability for parents or guardians to opt their child or children out of the drills.
(IV)An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.
(V)A notice to all parents and guardians after the drill has concluded.
(VI)The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.
(K)(L)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(M)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(N)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.SEC. 4.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.5.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (K), (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (L) (N) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)Upon the approval of the petition by the county board of education, the petition petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.SEC. 5.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.5.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (K), (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (L) (N) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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 pupil records.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 6.(a)(1)Section 3.1 of this bill incorporates amendments to Section 32282 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176 are all not enacted or as enacted do not amend that section, and (D) this bill is enacted after Assembly Bill 1858, in which case Sections 3, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(2)Section 3.2 of this bill incorporates amendments to Section 32282 of the Education Code proposed by both this bill and Assembly Bill 2968. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 1858, Assembly Bill 176, and Senate Bill 176 are all not enacted or as enacted do not amend that section, and (D) this bill is enacted after Assembly Bill 2968, in which case Sections 3, 3.1, 3.3, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(3)Section 3.3 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 1858 and Assembly Bill 2968 are both not enacted or as enacted do not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.3 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.4, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(4)Section 3.4 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, and Assembly Bill 2968. That section of this bill shall only become operative if (A) all three bills are enacted and become effective on or before January 1, 2025, (B) each bill amends Section 32282 of the Education Code, (C) Assembly Bill 176 and Senate Bill 176 are both not enacted or as enacted do not amend that section, and (D) this bill is enacted after both Assembly Bill 1858 and Assembly Bill 2968, in which case Sections 3, 3.1, 3.2, 3.3, 3.5, 3.6, and 3.7 of this bill shall not become operative.
(5)Section 3.5 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 1858, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 1858, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 2968 is not enacted or as enacted does not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.5 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.6, and 3.7 of this bill shall not become operative.
(6)Section 3.6 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, (C) Assembly Bill 1858 is not enacted or as enacted does not amend that section, and (D) this bill is enacted last of the bills amending Section 32282 of the Education Code, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.6 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.7 of this bill shall not become operative.
(7)Section 3.7 of this bill incorporates amendments to Section 32282 of the Education Code proposed by this bill, Assembly Bill 1858, Assembly Bill 2968, Assembly Bill 176, and Senate Bill 176. That section of this bill shall only become operative if (A) this bill, Assembly Bill 1858, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176 are enacted and become effective on or before January 1, 2025, (B) this bill, Assembly Bill 1858, Assembly Bill 2968, and one or both of Assembly Bill 176 and Senate Bill 176, as enacted, amend Section 32282 of the Education Code, and (C) this bill is enacted last of those bills, in which case Section 32282 of the Education Code, as amended by either Assembly Bill 176 or Senate Bill 176, whichever is operative, shall remain operative only until the operative date of this bill, at which time Section 3.7 of this bill shall become operative, and Sections 3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.6 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 47605 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 47605 of the Education Code, and (3) this bill is enacted after Assembly Bill 1858, in which case Section 4 of this bill shall not become operative.
(c)Section 5.5 of this bill incorporates amendments to Section 47605.6 of the Education Code proposed by both this bill and Assembly Bill 1858. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 47605.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1858, in which case Section 5 of this bill shall not become operative.
SEC. 5.SEC. 7.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.
It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, both of the following:(1)Assessing the current status of school crime committed on school campuses and at school-related functions.(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.(ic)Protective measures to be taken before, during, and following an earthquake.(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.(H)A safe and orderly environment conducive to learning at the school.(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.SEC. 2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, all of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(3)(A)Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:
(i)Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.
(ii)A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.
(B)Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.
(C)(i)For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.
(ii)Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.
(D)This paragraph applies to school districts, county offices of education, and charter schools.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
(h)On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.
SEC. 3.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.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.
It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, both of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)Procedures When a comprehensive school safety plan is next reviewed and updated on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
SEC. 3.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)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 governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.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.
It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, both of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)Procedures that address the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) shall are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator placement available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
SEC. 3.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)Upon the approval of the petition by the county board of education, the petition petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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 pupil records.
(6)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.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.
It is the intent of the Legislature that all California public schools, in kindergarten, and schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school districts, district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.
SEC. 2.Section 32282 of the Education Code is amended to read:32282.(a)The comprehensive school safety plan shall include, but not be limited to, both of the following:
(1)Assessing the current status of school crime committed on school campuses and at school-related functions.
(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:
(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(B)(i)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:
(I)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.
(ic)Protective measures to be taken before, during, and following an earthquake.
(id)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(ii)The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii)(I)After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II)Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv)All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K)Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L)(i)Procedures that address the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
(ii)The procedures described in clause (i) shall integrate evidence-based core elements, including cardiopulmonary resuscitation training and automated external defibrillator placement in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
(L)(M)For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the State Department of Educations Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
SEC. 3.Section 47605 of the Education Code is amended to read:47605.(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 if 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 their 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 expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter schools charter.
(5)(A)A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i)First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii)Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B)If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C)Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D)(i)A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii)The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E)The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(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 60 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 the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 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. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c)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 school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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, 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (K), (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (L) (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(G)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H)Admission policies and procedures, consistent with subdivision (e).
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(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)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 chartering authority to resolve disputes relating to provisions of the charter.
(O)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.
(6)The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public 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.
(7)The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A)The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B)Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8)The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(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, legal guardians, and teachers regarding the charter 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 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 that pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not 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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(f)The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g)The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h)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. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i)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 that section read before July 19, 2006.
(j)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.
(k)(1)(A)(i)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 petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii)The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school districts findings pursuant to paragraph (8) of subdivision (c).
(iii)As used in this subdivision, material terms of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B)If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2)If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A)The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B)If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C)Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D)The state boards Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E)The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(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)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 chartering authority 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.
(5)Upon the approval of the petition by the county board of education, the petition or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board.
(6)If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l)(1)Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 (c), to its chartering authority, 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 authority, 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 authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 4.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 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 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 shall 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 their 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 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. Following review of the petition and 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 petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. 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 it 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 it 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 (e).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)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)The annual goals for the charter school 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 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, 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 pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served 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 require all of the following:
(i)That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii)For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (K), (L), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (L) (M) of paragraph (2) of subdivision (a) of Section 32282.
(iii)That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H)The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, 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. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(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 from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i)For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupils side of the story.
(ii)For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I)Provide timely, written notice of the charges against the pupil and an explanation of the pupils basic rights.
(II)Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii)Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupils parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster childs educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster childs attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian childs tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, and county social worker, or the Indian childs tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupils parent or guardian, the homeless childs educational rights holder, the foster childs educational rights holder, attorney, or county social worker, or the Indian childs tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, involuntarily removed includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv)A foster childs educational rights holder, attorney, and county social worker and an Indian childs tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(K)The manner by which staff members of the charter school 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)Admission policy and procedures, consistent with subdivision (e).
(N)The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(O)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 any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(P)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)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).
(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 charter 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 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 the pupils 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. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter schools teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i)Each type of preference shall be approved by the chartering authority at a public hearing.
(ii)Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii)Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv)In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(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.
(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 report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4)(A)A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B)A charter school shall not request a pupils records or require a parent, guardian, or pupil to submit the pupils records to the charter school before enrollment.
(C)A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
(D)The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter schools internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i)When a parent, guardian, or pupil inquires about enrollment.
(ii)Before conducting an enrollment lottery.
(iii)Before disenrollment of a pupil.
(E)(i)A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii)The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5)Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(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 shall also 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. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(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 that section 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 shall not elect to submit the petition for the establishment of the charter school to the state board.
(l)(1)Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teachers certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2)The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(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 does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
(n)A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 5.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.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 419, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Sep 6, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | Read second time and amended. Ordered returned to second reading. |
| Aug 15, 2024 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 15). |
| Jun 24, 2024 | In committee: Referred to suspense file. |
| Jun 12, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| May 29, 2024 | Referred to Com. on ED. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5380.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | Read second time and amended. Ordered returned to second reading. |
| May 16, 2024 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16). |
| May 16, 2024 | Assembly Rule 63 suspended. |
| May 1, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 9, 2024 | Re-referred to Com. on APPR. |
| Apr 8, 2024 | Read second time and amended. |
| Apr 4, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 3). |
| Mar 11, 2024 | Referred to Com. on ED. |
| Feb 16, 2024 | From printer. May be heard in committee March 17. |
| Feb 15, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 2887 Maienschein Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2887 Maienschein By Padilla | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 21, 2024 | AB 2887 Maienschein Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 3, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly 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
|
|---|---|---|
| Administrators Association of San Diego City Schools | ** Against | |
| American Heart Association | ** Support | |
| American Red Cross California Chapter | ** Support | |
| California Chapter American College Of Cardiology | ** Support | |
| California Teachers Association | ** Support | |
| CFT- a Union of Educators & Classified Professionals, Aft, Afl-cio | ** Support | |
| Eric Paredes Save a Life Foundation | ** Support | |
| Habematolel Pomo Tribe of Upper Lake | * Support | Apr 3, 2024 |
| National Association of Pediatric Nurse Practitioners | ** Support | |
| University of California San Diego | * Support | Apr 3, 2024 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2887
Author:(Maienschein)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
Requires a local educational agency (LEA), county office of education (COE), and charter school to add to their comprehensive school safety plan, on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest (SCA) or a similar life-threatening medical emergency while on school grounds.
Senate Amendments
- Change the date of the requirement to include procedures to respond to incidents involving an individual experiencing a SCA or similar life threatening medical emergency, upon the review of school safety plans, from on or after January 1, 2025 to on or after July 1, 2025.
- Add double-jointing language to avoid chaptering out issues with AB 1858 (Ward), AB 2968 (Connolly), AB 176 (Committee on Budget), and SB 176 (Committee on Budget and Fiscal Review) of the current legislative session.
COMMENTS
Sudden Cardiac Arrest (SCA). According to the American Heart Association (AHA), unlike a heart attack (when blood flow to the heart is blocked), SCA is when the heart malfunctions and suddenly stops beating unexpectedly. It is triggered by an electrical malfunction in the heart that causes an irregular heartbeat (arrhythmia). With its pumping action disrupted, the heart cannot pump blood to the brain, lungs, and other organs. Seconds later, a person loses consciousness and has no pulse. Death occurs within minutes if the victim does not receive treatment.
According to the Centers for Disease Control and Prevention (CDC), about 2,000 young, seemingly healthy people under age 25 in the U.S. die each year of SCA. It is thought to be a leading cause of death in young athletes, but it also affects young people not involved in organized sports.
According to the Author
"Educational institutions should update their school safety plans to incorporate protocols for dealing with sudden cardiac arrests (SCA) effectively. SCA incidents can occur unpredictably, affecting individuals of any age within school premises. By integrating specific procedures for identifying, responding to, and managing SCA scenarios, schools prioritize the safety and well-being of students, staff, and visitors. Implementing measures to have (SCA) response protocols ensures preparedness and timely intervention, which are critical in preserving life."
Arguments in Support
The American Heart Association writes, "A cardiac event can happen anywhere, and schools are a nucleus for a variety of events in all communities. Shared use agreements allow communities to access schools exercise, garden, cook, host community meetings, and more. In addition to shared use agreements, parents and community members are often at school facilities for school plays, concerts, and athletic events.
With over 5 million students enrolled in California public schools in pre-K to grade 12,
approximately 319,000 teachers in the public school system, and numerous staff, it is important for school facilities to have a plan in place to address cardiac arrest. It is estimated that there are more than 23,000 children under the age of 18 who experience cardiac arrest outside of a hospital each year in the U.S. Only 40% are sports related. In schools with AEDs, approximately 70% of children survive cardiac arrest — seven times the overall survival rate for children.The safety of students, school staff, and visitors can be enhanced when response plans are in place and school teams are trained and empowered to administer lifesaving care until emergency medical services arrive. A plan can increase survival rates from cardiac arrest by 50% or more by enabling a trained lay-responder team to take action. AB 2887 does just that."
Arguments in Opposition
According to the Administrators Association of San Diego Schools, "While we thank the Assemblymember for his efforts in further protecting our students, adding to the requirement of including medical professionals as part of the Comprehensive School Safety Plan (CSSP) Team adds an unnecessary and overburden to the already heavily impacted workload of our school administrative members. The time to coordinate a medical professional to attend meetings, discuss medical procedures, and document new procedures is impractical.
Further, schools already have school nurses and staff trained in basic and advanced first aid and CPR. Coordinating with medical professionals, including paramedics/firefighters, for all of our schools statewide would cost the state millions in mandated costs to reimburse man-hours for preparing, facilitating, and documenting the work conducted by school employees and first responders for school districts and local governments."
FISCAL COMMENTS
According to the Senate Appropriations Committee, by requiring LEAs to add new procedures to their school safety plans, this bill could result in a reimbursable state mandate. The extent of these costs is unknown, but based on the existing Comprehensive School Safety Plan I and II mandates, the Proposition 98 General Fund costs could be in the tens of thousands to low hundreds of thousands of dollars each year. A precise amount would ultimately depend on the scope of the activities that LEAs would need to comply. This bill could also create additional, unknown cost pressure on the K-12 Mandate Block Grant.
VOTES:
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: August 23, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004883
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2887 |
THIRD READING
Bill No: AB 2887
Author: Maienschein (D)
Amended: 8/23/24 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/12/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Limón, Wilk
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Seyarto, Wahab
NO VOTE RECORDED: Bradford
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: School safety plans: medical emergency procedures
SOURCE: American Heart Association
DIGEST:
This bill requires a local educational agency (LEA), county office of education (COE), and charter school to add to their comprehensive school safety plan (CSSP) on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest (SCA) or a similar life-threatening medical emergency while on school grounds, as specified.
Senate Floor Amendments of 8/23/24 names the provisions of this bill the Heather Freligh Act, and, for the purposes of chaptering, the provisions of AB 2968 (Connolly); AB 1858 (Ward); AB 176 (Committee on Budget); and SB 176 (Committee on Budget).
ANALYSIS:
Existing law:
- Requires each school district or county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. (EC § 32281)
- Requires that the comprehensive school safety plans include an assessment of the current status of school crime committed on school campuses and at school-related functions and identification of appropriate strategies and programs to provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, including child abuse reporting procedures; disaster procedures; an earthquake emergency procedure system; policies regarding pupils who commit specified acts that would lead to suspension or expulsion; procedures to notify teachers of dangerous pupils; a discrimination and harassment policy; the provisions of any schoolwide dress code; procedures for safe ingress and egress of pupils, parents, and school employees to and from school; a safe and orderly environment conducive to learning; and rules and procedures on school discipline. (EC § 32282)
- Encourages that, as school safety plans are reviewed, plans be updated to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campuses, if the school district employs these professionals. (EC § 32282.1)
- Requires the comprehensive school safety plan to be submitted annually to the school district or COE for approval and requires a school district or COE to notify the California Department of Education (CDE) by October 15 of every year of any school that is not in compliance. (EC § 32288)
- Requires the CDE to post on its website guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate pupils and parents, and to train coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. (EC § 33479.2 (a)).
This bill:
- Requires a LEA, COE, and charter school to add to their CSSP on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds and are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator (AED) available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
- Encourages LEAs, COEs, and charter schools to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan
- Includes for the purposes of chaptering, the provisions of AB 2968 (Connolly); AB 1858 (Ward); AB 176 (Committee on Budget); and SB 176 (Committee on Budget).
- Makes technical changes and adds medical emergencies, including sudden cardiac arrest, to define the intent of the CSSP code section.
Comments
- Need for the bill. According to the author, “Educational institutions must update their safety plans to include comprehensive protocols for effectively handling sudden cardiac arrests (SCA). These incidents can happen without warning and affect individuals of any age on school grounds. By establishing clear procedures for recognizing, responding to, and managing SCA events, schools demonstrate a commitment to safeguarding the health and well-being of students, staff, and visitors. Incorporating SCA response protocols ensures that schools are equipped for timely and effective intervention, which is crucial for saving lives. This preparedness can significantly improve outcomes during such emergencies,
underscoring the importance of proactive measures in school safety plans.”
- Comprehensive School Safety Plan. LEAs, COEs, and charter schools serving pupils in grades kindergarten through twelve are required to develop and maintain a CSSP designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel.
The law requires designated stakeholders to annually engage in a systematic planning process to develop strategies and policies to prevent and respond to potential incidents involving emergencies, natural and other disasters, hate crimes, violence, active assailants/intruders, bullying and cyberbullying, discrimination, and harassment, child abuse and neglect, discipline, suspension and expulsion, and other safety aspects.
The law requires that each school update and adopt its CSSP by March 1 annually. Before LEAs, COEs, or charter school adopts their CSSP, the schoolsite council or school safety planning committee must hold a public meeting at the schoolsite to allow members of the public to express an opinion about the school safety plan. The schoolsite council or school safety planning committee must also notify the local mayor and representatives of the following:
- The local school employee organization.
- The parent organization at the school site, including the parent-teacher association and parent-teacher clubs.
- Each teacher organization at the school site.
- The Student body government.
- All persons who have indicated they want to be notified.
Once the public meeting is held, the CSSP is adopted. LEAs and COEs must annually notify the CDE by October 15 of any schools that have not complied with requirements. Statute also requires the CDE to develop and post on its website best practices for reviewing and approving school safety plans.
This bill requires each LEA, COE, and charter school to add to their CSSP on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
- Sudden Cardiac Arrest. According to the Mayo Clinic, SCA is the sudden loss of all heart activity due to an irregular heart rhythm. Breathing stops. The person becomes unconscious. Without immediate treatment, SCA can lead to death.
To understand SCA, it may help to know more about the heart's signaling system. Electric signals in the heart control the rate and rhythm of the heartbeat. Faulty or extra electrical signals can make the heart beat too fast, too slowly, or in an uncoordinated way. Changes in the heartbeat are called arrhythmias. Some arrhythmias are brief and harmless. Others can lead to SCA.
The most common cause of SCA is an irregular heart rhythm called ventricular fibrillation. Rapid, erratic heart signals cause the lower heart chambers to quiver uselessly instead of pumping blood. Certain heart conditions can make you more likely to have this type of heartbeat problem. However, SCA can happen in people who have no known heart disease.
Emergency treatment for SCA includes cardiopulmonary resuscitation (CPR) and shocks to the heart with a device called an AED. Survival is possible with fast, appropriate medical care.
CPR and an AEDs Can Help Individuals Suffering from a SCA
If SCA occurs, rapid treatment with a medical device called an AED and/or CPR can be lifesaving.
AEDs are a lightweight, portable device that deliver an electric shock through the chest to the heart when it detects an abnormal rhythm and changes the rhythm back to normal. The AED uses voice prompts, lights and text to tell the rescuer the steps to take and are intended to be used by the public. In the event an AED is not available, individuals may use CPR. According to the American Heart Association, CPR has been shown to be as effective as conventional CPR for SCA at home, at work, or in public.
In addition to adding procedures to respond to incidents involving an individual experiencing a SCA to an LEA’s, COE’s, and charter school’s CSSP, this bill encourages districts and schools to integrate evidence-based core elements, including any CPR training offered and the placement of any AED available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee analysis, “By requiring LEAs to add new procedures to their school safety plans, this bill could result in a reimbursable state mandate. The extent of these costs is unknown, but based on the existing Comprehensive School Safety Plan I and II mandates, the Proposition 98 General Fund costs could be in the tens of thousands to low hundreds of thousands of dollars each year. A precise amount would ultimately depend on the scope of the activities that LEAs would need to comply. This bill could also create additional, unknown cost pressure on the K-12 Mandate Block Grant.”
SUPPORT: (Verified 8/26/24)
American Heart Association (source)
American Red Cross California Chapter
California Chapter American College of Cardiology
California Teachers Association
CFT — A Union of Educators & Classified Professionals, AFT, AFL-CIO
OPPOSITION: (Verified 8/26/24)
Administrators Association of San Diego City Schools
ARGUMENTS IN SUPPORT: According to the American Heart Association, “A cardiac event can happen anywhere, and schools are a nucleus for a variety of events in all communities. Shared use agreements allow communities to access schools exercise, garden, cook, host community meetings, and more. In addition to shared use agreements, parents and community members are often at school facilities for school plays, concerts, and athletic events. With over 5 million students enrolled in California public schools in pre-K to grade 12, approximately 319,000 teachers in the public school system, and numerous staff, it is important for school facilities to have a plan in place to address cardiac arrest. It is estimated that there are more than 23,000 children under the age of 18 who experience cardiac arrest outside of a hospital each year in the U.S. Only 40% are sports related. In schools with AEDs, approximately 70% of children survive cardiac arrest — seven times the overall survival rate for children. The safety of students, school staff, and visitors can be enhanced when response plans are in place and school teams are trained and empowered to administer lifesaving care until emergency medical services arrive. A plan can increase survival rates from cardiac arrest by 50% or more by enabling a trained lay-responder team to take action. AB 2887 does just that. It is for these reasons the American Heart Association is pleased to sponsor AB 2887.”
ARGUMENTS IN OPPOSITION: According to the San Diego City Schools, “While we thank the Assembly member for his efforts in further protecting our students, adding to the requirement of including medical professionals as part of the Comprehensive School Safety Plan (CSSP) Team adds an unnecessary and overburden to the already heavily impacted workload of our school administrative members. The time to coordinate a medical professional to attend meetings, discuss medical procedures, and document new procedures is impractical. We anticipate a decrease in funding statewide for the next few years. When CSSP is updated, our school administrators prepare budgets for the following school year, conduct schoolwide state testing, and prepare for AP exams. Further, schools already have school nurses and staff trained in basic and advanced first aid and CPR. Coordinating with medical professionals, including paramedics/firefighters, for all of our schools statewide would cost the state millions in mandated costs to reimburse man-hours for preparing, facilitating, and documenting the work conducted by school employees and first responders for school districts and local governments. We urge our state legislative representatives to join AASD in opposing AB 2887.”
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Kordell Hampton / ED. / (916) 651-4105
8/26/24 17:01:29
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2887 |
THIRD READING
Bill No: AB 2887
Author: Maienschein (D)
Amended: 8/15/24 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/12/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Limón, Wilk
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Seyarto, Wahab
NO VOTE RECORDED: Bradford
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: School safety plans: medical emergency procedures
SOURCE: American Heart Association
DIGEST:
This bill requires a local educational agency (LEA), county office of education (COE), and charter school to add to their comprehensive school safety plan (CSSP) on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest (SCA) or a similar life-threatening medical emergency while on school grounds, as specified.
ANALYSIS:
Existing law:
- Requires each school district or county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. (EC § 32281)
- Requires that the comprehensive school safety plans include an assessment of the current status of school crime committed on school campuses and at school-related functions and identification of appropriate strategies and programs to provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, including child abuse reporting procedures; disaster procedures; an earthquake emergency procedure system; policies regarding pupils who commit specified acts that would lead to suspension or expulsion; procedures to notify teachers of dangerous pupils; a discrimination and harassment policy; the provisions of any schoolwide dress code; procedures for safe ingress and egress of pupils, parents, and school employees to and from school; a safe and orderly environment conducive to learning; and rules and procedures on school discipline. (EC § 32282)
- Encourages that, as school safety plans are reviewed, plans be updated to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campuses, if the school district employs these professionals. (EC § 32282.1)
- Requires the comprehensive school safety plan to be submitted annually to the school district or COE for approval and requires a school district or COE to notify the California Department of Education (CDE) by October 15 of every year of any school that is not in compliance. (EC § 32288)
- Requires the CDE to post on its website guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate pupils and parents, and to train coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. (EC § 33479.2 (a)).
This bill:
- Require a LEA, COE, and charter school to add to their CSSP on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds and are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator (AED) available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
- Encourages LEAs, COEs, and charter schools to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan
- Makes technical changes and adds medical emergencies, including sudden cardiac arrest, to define the intent of the CSSP code section.
Comments
- Need for the bill. According to the author, “Educational institutions must update their safety plans to include comprehensive protocols for effectively handling sudden cardiac arrests (SCA). These incidents can happen without warning and affect individuals of any age on school grounds. By establishing clear procedures for recognizing, responding to, and managing SCA events, schools demonstrate a commitment to safeguarding the health and well-being of students, staff, and visitors. Incorporating SCA response protocols ensures that schools are equipped for timely and effective intervention, which is crucial for saving lives. This preparedness can significantly improve outcomes during such emergencies,
underscoring the importance of proactive measures in school safety plans.”
- Comprehensive School Safety Plan. LEAs, COEs, and charter schools serving pupils in grades kindergarten through twelve are required to develop and maintain a CSSP designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel.
The law requires designated stakeholders to annually engage in a systematic planning process to develop strategies and policies to prevent and respond to potential incidents involving emergencies, natural and other disasters, hate crimes, violence, active assailants/intruders, bullying and cyberbullying, discrimination, and harassment, child abuse and neglect, discipline, suspension and expulsion, and other safety aspects.
The law requires that each school update and adopt its CSSP by March 1 annually. Before LEAs, COEs, or charter school adopts their CSSP, the schoolsite council or school safety planning committee must hold a public meeting at the schoolsite to allow members of the public to express an opinion about the school safety plan. The schoolsite council or school safety planning committee must also notify the local mayor and representatives of the following:
- The local school employee organization.
- The parent organization at the school site, including the parent-teacher association and parent-teacher clubs.
- Each teacher organization at the school site.
- The Student body government.
- All persons who have indicated they want to be notified.
Once the public meeting is held, the CSSP is adopted. LEAs and COEs must annually notify the CDE by October 15 of any schools that have not complied with requirements. Statute also requires the CDE to develop and post on its website best practices for reviewing and approving school safety plans.
This bill requires each LEA, COE, and charter school to add to their CSSP on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
- Sudden Cardiac Arrest. According to the Mayo Clinic, SCA is the sudden loss of all heart activity due to an irregular heart rhythm. Breathing stops. The person becomes unconscious. Without immediate treatment, SCA can lead to death.
To understand SCA, it may help to know more about the heart's signaling system. Electric signals in the heart control the rate and rhythm of the heartbeat. Faulty or extra electrical signals can make the heart beat too fast, too slowly, or in an uncoordinated way. Changes in the heartbeat are called arrhythmias. Some arrhythmias are brief and harmless. Others can lead to SCA.
The most common cause of SCA is an irregular heart rhythm called ventricular fibrillation. Rapid, erratic heart signals cause the lower heart chambers to quiver uselessly instead of pumping blood. Certain heart conditions can make you more likely to have this type of heartbeat problem. However, SCA can happen in people who have no known heart disease.
Emergency treatment for SCA includes cardiopulmonary resuscitation (CPR) and shocks to the heart with a device called an AED. Survival is possible with fast, appropriate medical care.
CPR and an AEDs Can Help Individuals Suffering from a SCA
If SCA occurs, rapid treatment with a medical device called an AED and/or CPR can be lifesaving.
AEDs are a lightweight, portable device that deliver an electric shock through the chest to the heart when it detects an abnormal rhythm and changes the rhythm back to normal. The AED uses voice prompts, lights and text to tell the rescuer the steps to take and are intended to be used by the public. In the event an AED is not available, individuals may use CPR. According to the American Heart Association, CPR has been shown to be as effective as conventional CPR for SCA at home, at work, or in public.
In addition to adding procedures to respond to incidents involving an individual experiencing a SCA to an LEA’s, COE’s, and charter school’s CSSP, this bill encourages districts and schools to integrate evidence-based core elements, including any CPR training offered and the placement of any AED available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee analysis, “By requiring LEAs to add new procedures to their school safety plans, this bill could result in a reimbursable state mandate. The extent of these costs is unknown, but based on the existing Comprehensive School Safety Plan I and II mandates, the Proposition 98 General Fund costs could be in the tens of thousands to low hundreds of thousands of dollars each year. A precise amount would ultimately depend on the scope of the activities that LEAs would need to comply. This bill could also create additional, unknown cost pressure on the K-12 Mandate Block Grant.”
SUPPORT: (Verified 8/16/24)
American Heart Association (source)
American Red Cross California Chapter
California Chapter American College of Cardiology
California Teachers Association
CFT — A Union of Educators and Classified Professionals, AFT, AFL-CIO
OPPOSITION: (Verified 8/16/24)
Administrators Association of San Diego City Schools
ARGUMENTS IN SUPPORT: According to the American Heart Association, “A cardiac event can happen anywhere, and schools are a nucleus for a variety of events in all communities. Shared use agreements allow communities to access schools exercise, garden, cook, host community meetings, and more. In addition to shared use agreements, parents and community members are often at school facilities for school plays, concerts, and athletic events. With over 5 million students enrolled in California public schools in pre-K to grade 12, approximately 319,000 teachers in the public school system, and numerous staff, it is important for school facilities to have a plan in place to address cardiac arrest. It is estimated that there are more than 23,000 children under the age of 18 who experience cardiac arrest outside of a hospital each year in the U.S. Only 40% are sports related. In schools with AEDs, approximately 70% of children survive cardiac arrest — seven times the overall survival rate for children. The safety of students, school staff, and visitors can be enhanced when response plans are in place and school teams are trained and empowered to administer lifesaving care until emergency medical services arrive. A plan can increase survival rates from cardiac arrest by 50% or more by enabling a trained lay-responder team to take action. AB 2887 does just that. It is for these reasons the American Heart Association is pleased to sponsor AB 2887.”
ARGUMENTS IN OPPOSITION: According to the San Diego City Schools, “While we thank the Assembly member for his efforts in further protecting our students, adding to the requirement of including medical professionals as part of the Comprehensive School Safety Plan (CSSP) Team adds an unnecessary and overburden to the already heavily impacted workload of our school administrative members. The time to coordinate a medical professional to attend meetings, discuss medical procedures, and document new procedures is impractical. We anticipate a decrease in funding statewide for the next few years. When CSSP is updated, our school administrators prepare budgets for the following school year, conduct schoolwide state testing, and prepare for AP exams. Further, schools already have school nurses and staff trained in basic and advanced first aid and CPR. Coordinating with medical professionals, including paramedics/firefighters, for all of our schools statewide would cost the state millions in mandated costs to reimburse man-hours for preparing, facilitating, and documenting the work conducted by school employees and first responders for school districts and local governments. We urge our state legislative representatives to join AASD in opposing AB 2887.”
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Kordell Hampton / ED. / (916) 651-4105
8/18/24 17:50:14
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2887 (Maienschein) - School safety plans: medical emergency procedures
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would require local educational agencies (LEAs) to add to their comprehensive school safety plan procedures on responding to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 15, 2024
Fiscal Impact:
By requiring LEAs to add new procedures to their school safety plans, this bill could result in a reimbursable state mandate. The extent of these costs is unknown, but based on the existing Comprehensive School Safety Plan I and II mandates, the Proposition 98 General Fund costs could be in the tens of thousands to low hundreds of thousands of dollars each year. A precise amount would ultimately depend on the scope of the activities that LEAs would need to comply. This bill could also create additional, unknown cost pressure on the K-12 Mandate Block Grant.
Author Amendments:
Provide that the procedures shall be added when a comprehensive school safety plan is next reviewed and updated after July 1, 2025, and encourage the procedures to integrate evidence-based core elements, as specified.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2887 (Maienschein) - School safety plans: medical emergency procedures
Version: May 16, 2024 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: June 24, 2024 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill would require local educational agencies (LEAs) to add to their comprehensive school safety plan procedures on responding to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
Fiscal Impact:
By requiring LEAs to add new procedures to their school safety plans, this bill could result in a reimbursable state mandate. The extent of these costs is unknown, but based on the existing Comprehensive School Safety Plan I and II mandates, the Proposition 98 General Fund costs could be in the tens of thousands to low hundreds of thousands of dollars each year. A precise amount would ultimately depend on the scope of the activities that LEAs would need to comply. This bill could also create additional, unknown cost pressure on the K-12 Mandate Block Grant.
Background:
Existing law requires each school district or county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. The comprehensive school safety plans shall include an assessment of the current status of school crime committed on school campuses and at school-related functions and identification of appropriate strategies and programs to provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, including child abuse reporting procedures; disaster procedures; an earthquake emergency procedure system; policies regarding pupils who commit specified acts that would lead to suspension or expulsion; procedures to notify teachers of dangerous pupils; a discrimination and harassment policy; the provisions of any schoolwide dress code; procedures for safe ingress and egress of pupils, parents, and school employees to and from school; a safe and orderly environment conducive to learning; and rules and procedures on school discipline.
Existing law encourages that, as school safety plans are reviewed, plans be updated to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campuses, if the school district employs these professionals.
Existing law requires the comprehensive school safety plan to be submitted annually to the school district or county office of education for approval and requires a school district or county office to notify the California Department of Education by October 15 of every year of any school that is not in compliance.
Proposed Law:
This bill requires LEAs to add to their comprehensive school safety plans, on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds and are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator (AED) available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
Related Legislation:
AB 1719 (Rodriguez, Chapter 556, Statutes of 2016) requires, commencing in the 2018-19 school year, school districts and charter schools that require a health course for graduation include instruction in compression-only CPR.
Staff Comments:
This bill requires LEAs to add to their comprehensive school safety plans procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. Consistent with previous determinations by the Commission on State Mandates regarding school safety plans, the Commission is likely to determine the activities required by this bill to be a higher level of service and therefore a reimbursable state mandate. The associated costs could be significant, potentially in the tens of thousands to low hundreds of thousands of dollars each year. Alternatively, if school districts elect not to submit mandate claims to the Commission, there could be pressure for the state to increase the K-12 Mandates Block Grant. The amount of funding provided through the block grant is tied to the mandates that the Commission has approved as well as the costs for those mandates. School districts that choose to participate in the block grant receive a per-student amount to cover the cost of the various state mandated activities in lieu of submitting mandate claims for reimbursement. Charter schools may participate in the block grant, but are not eligible to submit mandate claims nor receive reimbursement from the state.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 2887 Hearing Date: June 12, 2024
Author: | |||
Version: | May 16, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Kordell Hampton | ||
Subject: School safety plans: medical emergency procedures.
SUMMARY
This bill would require a local educational agency (LEA), county office of education (COE), and charter school to add to their comprehensive school safety plan (CSSP) on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest (SCA) or a similar life-threatening medical emergency while on school grounds, as specified.
BACKGROUND
Existing Law:
Education Code (EC)
- Requires each school district or county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. (EC § 32281)
- Requires that the comprehensive school safety plans include an assessment of the current status of school crime committed on school campuses and at school-related functions and identification of appropriate strategies and programs to provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, including child abuse reporting procedures; disaster procedures; an earthquake emergency procedure system; policies regarding pupils who commit specified acts that would lead to suspension or expulsion; procedures to notify teachers of dangerous pupils; a discrimination and harassment policy; the provisions of any schoolwide dress code; procedures for safe ingress and egress of pupils, parents, and school employees to and from school; a safe and orderly environment conducive to learning; and rules and procedures on school discipline. (EC § 32282)
- Encourages that, as school safety plans are reviewed, plans be updated to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campuses, if the school district employs these professionals. (EC § 32282.1)
- Requires the comprehensive school safety plan to be submitted annually to the school district or COE for approval and requires a school district or COE to notify the California Department of Education (CDE) by October 15 of every year of any school that is not in compliance. (EC § 32288)
- Requires the CDE to post on its website guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate pupils and parents, and to train coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. (EC § 33479.2 (a)).
ANALYSIS
This bill:
- Require a LEA, COE, and charter school to add to their CSSP on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds and are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator (AED) available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
- Makes technical changes and adds medical emergencies, including sudden cardiac arrest, to define the intent of the CSSP code section.
STAFF COMMENTS
- Need for the bill. According to the author, “Educational institutions must update their safety plans to include comprehensive protocols for effectively handling sudden cardiac arrests (SCA). These incidents can happen without warning and affect individuals of any age on school grounds. By establishing clear procedures for recognizing, responding to, and managing SCA events, schools demonstrate a commitment to safeguarding the health and well-being of students, staff, and visitors. Incorporating SCA response protocols ensures that schools are equipped for timely and effective intervention, which is crucial for saving lives. This preparedness can significantly improve outcomes during such emergencies,
underscoring the importance of proactive measures in school safety plans.”
- Comprehensive School Safety Plan. LEAs, COEs, and charter schools serving pupils in grades kindergarten through twelve are required to develop and maintain a CSSP designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel.
The law requires designated stakeholders to annually engage in a systematic planning process to develop strategies and policies to prevent and respond to potential incidents involving emergencies, natural and other disasters, hate crimes, violence, active assailants/intruders, bullying and cyberbullying, discrimination, and harassment, child abuse and neglect, discipline, suspension and expulsion, and other safety aspects.
The law requires that each school update and adopt its CSSP by March 1 annually. Before LEAs, COEs, or charter school adopts their CSSP, the schoolsite council or school safety planning committee must hold a public meeting at the schoolsite to allow members of the public to express an opinion about the school safety plan. The schoolsite council or school safety planning committee must also notify the local mayor and representatives of the following:
- The local school employee organization.
- The parent organization at the school site, including the parent-teacher association and parent-teacher clubs.
- Each teacher organization at the school site.
- The Student body government.
- All persons who have indicated they want to be notified.
Once the public meeting is held, the CSSP is adopted. LEAs and COEs must annually notify the CDE by October 15 of any schools that have not complied with requirements. Statute also requires the CDE to develop and post on its website best practices for reviewing and approving school safety plans.
This bill requires each LEA, COE, and charter school to add to their CSSP on or after January 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.
- Sudden Cardiac Arrest. According to the Mayo Clinic, SCA is the sudden loss of all heart activity due to an irregular heart rhythm. Breathing stops. The person becomes unconscious. Without immediate treatment, SCA can lead to death.
To understand SCA, it may help to know more about the heart's signaling system. Electric signals in the heart control the rate and rhythm of the heartbeat. Faulty or extra electrical signals can make the heart beat too fast, too slowly, or in an uncoordinated way. Changes in the heartbeat are called arrhythmias. Some arrhythmias are brief and harmless. Others can lead to SCA.
The most common cause of SCA is an irregular heart rhythm called ventricular fibrillation. Rapid, erratic heart signals cause the lower heart chambers to quiver uselessly instead of pumping blood. Certain heart conditions can make you more likely to have this type of heartbeat problem. However, SCA can happen in people who have no known heart disease.
Emergency treatment for SCA includes cardiopulmonary resuscitation (CPR) and shocks to the heart with a device called an AED. Survival is possible with fast, appropriate medical care.
CPR and an AEDs Can Help Individuals Suffering from a SCA
If SCA occurs, rapid treatment with a medical device called an AED and/or CPR can be lifesaving.
AEDs are a lightweight, portable device that deliver an electric shock through the chest to the heart when it detects an abnormal rhythm and changes the rhythm back to normal. The AED uses voice prompts, lights and text to tell the rescuer the steps to take and are intended to be used by the public. In the event an AED is not available, individuals may use CPR. According to the American Heart Association, CPR has been shown to be as effective as conventional CPR for SCA at home, at work, or in public.
In addition to adding procedures to respond to incidents involving an individual experiencing a SCA to an LEA’s, COE’s, and charter school’s CSSP, this bill encourages districts and schools to integrate evidence-based core elements, including any CPR training offered and the placement of any AED available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines.
- Related Legislation.
AB 3262 (Maienschein, 2024) would require that when an AED is placed in a public or private school serving grades 6-12, the principal notify pupils, in addition to school staff, of the location of all AED units on the campus at least annually.
AB 1719 (Rodriguez, Chapter 556, Statutes of 2016) required, commencing in the 2018-19 school year, school districts and charter schools that require a health course for graduation include instruction in compression-only CPR.
AB 2968 (Connolly, 2024) would, beginning in the 2026-27 fiscal year, and annually thereafter, each school in a high or very high fire hazard severity zone to comply with the defensible space standards in current law, and any subsequent standards. Requires schools in high or very high fire severity zones to include in their comprehensive school safety plan procedures related to severe fires, including a communication and evacuation plan.
AB 1858 (Ward, 2024) would require a school conducting active shooter drills to comply with specified actions, prohibits schools from conducting high-intensity drills; requires schools to use trauma-informed approaches in the design and execution of such drills; requires the CDE to post on its website best practices on school shooter or other armed assailant drills; and encourages LEAs, COEs, and charter schools to comply with all of the best practices developed by the CDE.
AB 1639 (Maienschein, Chapter 792, Statutes of 2016) establishes the Eric Paredes Sudden Cardiac Arrest Prevention Act; requires the CDE to make available specified guidelines and materials on SCA; requires pupils and parents to sign informational materials before athletic participation; requires training of coaches; and sets requirements for action in the event a pupil experiences specified symptoms.
SUPPORT
American Heart Association (Sponsor)
American Red Cross California Chapter
California Chapter American College of Cardiology
California Teachers Association
CFT — A Union of Educators & Classified Professionals, AFT, AFL-CIO
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2887
Author:(Maienschein)
As Amended Ver:May 16, 2024
Majority vote
SUMMARY
Requires that comprehensive school safety plans include procedures that address the appropriate use of school personnel in responding to incidents involving an individual experiencing a sudden cardiac arrest or similar life-threatening medical emergency on school grounds, and requires those procedures include specified elements, including cardiopulmonary resuscitation (CPR) training and automated external defibrillator (AED) placement.
Major Provisions
- Requires that when a comprehensive school safety plan is next reviewed and updated, on or after January 1, 2025, it include among other requirements, procedures that address the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or similar life-threatening medical emergency on school grounds.
- Encourages these procedures to integrate evidence-based core elements, including any CPR training offered and placement of any available AEDs in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
- Requires that charter schools include these provisions in the development of their school safety plans.
COMMENTS
Effectiveness of AEDs. More than 356,000 out-of-hospital cardiac arrests (OHCAs) are reported annually in the United States by the Centers for Disease Control (CDC) and Prevention. An estimated 70% to 90% of people experiencing OHCA die before reaching the hospital. CPR and the use of an AED within minutes of cardiac arrest can dramatically raise survival rates but are not commonly used or available. One study reported AED use at 10.8% in public settings before emergency medical services arrive. (Andersen, 2018)
Research further suggests that the availability of an AED in communities is associated with nearly a doubling of survival after out-of-hospital cardiac arrest, reinforcing the importance of strategically expanding community-based AED programs. (Weisfeldt, 2010)
According to the CDC, the placement of AEDs at public locations where cardiac arrest is likely to occur, including schools, casinos, federal buildings, airports, fitness centers, churches, and workplaces, has been found to increase out-of-hospital cardiac arrest survival, increase rates of return of spontaneous circulation, and improve neurological outcomes for patients.
AEDs in schools. A 2009 research study noted that U.S. high schools are increasingly adopting AEDs for use in campus settings, and found that school-based AED programs provide a high survival rate for both student athletes and older non-students who suffer sudden cardiac arrest (SCA) on school grounds. (Drezner, 2009)
Adding elements to the comprehensive school safety plans. Existing law requires each school to develop a school safety plan that includes processes, procedures, and policies to ensure student and staff safety at a school site. The components of the plan range from daily processes, such as procedures for safe ingress and egress of pupils, parents, and school employees; to disaster and emergency procedures such as those during and after earthquakes; to behavioral policies such as discrimination and harassment policies.
This bill would require that the school safety plan also include procedures to respond to an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. It also requires that these procedures integrate evidence-based core elements, including CPR training and AED placement in accordance with nationally recognized evidence-based emergency cardiac care guidelines.
The school safety plan is developed by a school site council or a school safety planning committee. Current law requires a school district's safety plan to be developed in cooperation with local law enforcement agencies, community leaders, parents, students, teachers, administrators, classified employees, and other persons who may be interested in the prevention of campus crime and violence. This bill would add intent to include "local emergency medical services personnel" to the list of those to be involved in the development of the plan and adds the "health and safety of students" to the purpose of the safety plan.
According to the Author
"Educational institutions should update their school safety plans to incorporate protocols for dealing with sudden cardiac arrests (SCA) effectively. SCA incidents can occur unpredictably, affecting individuals of any age within school premises. By integrating specific procedures for identifying, responding to, and managing SCA scenarios, schools prioritize the safety and well-being of students, staff, and visitors. Implementing measures to have (SCA) response protocols ensures preparedness and timely intervention, which are critical in preserving life."
Arguments in Support
The American Heart Association, sponsor of the bill writes, "A cardiac event can happen anywhere, and schools are a nucleus for a variety of events in all
communities. Shared use agreements allow communities to access schools exercise, garden, cook, host community meetings, and more. In addition to shared use agreements, parents and community members are often at school facilities for school plays, concerts, and athletic events.
With over five million students enrolled in California public schools in pre-K to grade 12, approximately 319,000 teachers in the public school system, and numerous staff, it is important for school facilities to have a plan in place to address cardiac arrest.ii It is estimated that there are more than 23,000 children under the age of 18 who experience cardiac arrest outside of a hospital each year in the U.S. Only 40% are sports related. In schools with AEDs, approximately 70% of children survive cardiac arrest — seven times the overall survival rate for children.
The safety of students, school staff, and visitors can be enhanced when response plans are in place and school teams are trained and empowered to administer lifesaving care until emergency medical services arrive. A plan can increase survival rates from cardiac arrest by 50% or more by enabling a trained lay-responder team to take action. AB 2887 does just that."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
One-time costs to public schools to expand elements of their school safety plans, likely in the low tens of thousands of dollars to hundreds of thousands of dollars.
The state has about 1,000 school districts and 10,000 public schools. A portion of these schools may not be required to add these elements to their school safety plans, if their respective districtwide comprehensive school safety plan adds it instead.
VOTES
ASM EDUCATION: 6-0-0
YES: Muratsuchi, Addis, Alvarez, Bonta, Hoover, McCarty
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
UPDATED
VERSION: May 16, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0003197
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2887
Author:(Maienschein) – As Amended Ver:April 8, 2024
Policy Committee: | Education | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires a comprehensive school safety plan include procedures for responding to incidents involving an individual experiencing a sudden cardiac arrest or similar life-threatening medical emergency on school grounds.
Specifically, these procedures are encouraged to include specified elements, including cardiopulmonary resuscitation training and automated external defibrillator (AED) placement.
FISCAL EFFECT:
One-time costs to public schools to expand elements of their school safety plans, likely in the low tens of thousands of dollars to hundreds of thousands of dollars.
The state has about 1,000 school districts and 10,000 public schools. A portion of these schools may not be required to add these elements to their school safety plans, if their respective districtwide comprehensive school safety plan adds it instead, as described in more detail in comment 2, below.
The Commission on State Mandates has determined school safety plan requirements to be a reimbursable state mandate in the past. If the Commission determines this bill’s requirements to also be a reimbursable state mandate, the state would need to reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
Educational institutions should update their school safety plans to incorporate protocols for dealing with sudden cardiac arrests (SCA) effectively. SCA incidents can occur unpredictably, affecting individuals of any age within school premises. By integrating specific procedures for identifying, responding to, and managing SCA scenarios, schools prioritize the safety and well-being of students, staff, and visitors. Implementing measures to have response protocols ensures preparedness and timely intervention, which are critical in preserving life.
- Background. Each public school in California is required to develop a school safety plan that includes procedures and policies to ensure student and staff safety at a school site. Each school is to evaluate its plan at least annually and make amendments as needed. Each plan is to be developed in consultation with a representative from a law enforcement agency, a fire department, and other first responder entities and is to be relevant to the needs and resources of each particular school. The required components of such a plan include disaster and emergency procedures, such as those during and after earthquakes, and behavioral policies, such as discrimination and harassment policies.
Current law exempts school districts with fewer than 2,501 units of daily average attendance from the requirement that each school develop a comprehensive school safety plan, if the school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite. The state has about 550 school districts with fewer than 2,501 units of daily average attendance and about 400 school districts with 2,501 or more units of daily average attendance.
This bill adds another required element to school safety plans related to procedures for responding to incidents involving an individual experiencing a sudden cardiac arrest or similar life-threatening medical emergency
- Related Legislation. AB 1858 (Ward) requires a school that elects to conduct school shooter drills to include in its comprehensive school safety plan certain parameters for drills. The bill is pending in this committee.
AB 3262 (Mainschein) requires, when an AED is placed in a school serving students in grades six to 12, a school principal to ensure that the students annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED, and at least annually notify students of the locations of all AED units on campus. The bill is pending in the Senate Rules Committee.
- Prior Legislation. AB 2009 (Mainschein), Chapter 646, Statutes of 2018, requires an LEA that elects to offer any interscholastic athletic program to ensure that there is a written emergency action plan in place and acquire at least one AED for each school for the purpose of emergency care in the event of cardiac arrest and other related medical emergencies.
AB 1639 (Mainschein) Chapter 792, Statutes of 2016, requires the CDE to make available specified guidelines and materials on sudden cardiac arrest, requires students and parents to sign informational materials before athletic participation, requires training of coaches, and sets requirements for action in the event a pupil experiences certain symptoms.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 3, 2024
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 2887 (
Author:Maienschein) – As Introduced Ver:February 15, 2024
SUBJECT: School safety plans: medical emergency procedures
SUMMARY: Requires that comprehensive school safety plans include procedures that address the appropriate use of school personnel in responding to incidents involving an individual experiencing a sudden cardiac arrest or similar life-threatening medical emergency on school grounds, and requires those procedures include specified elements, including cardiopulmonary resuscitation (CPR) training and automated external defibrillator (AED) placement. Specifically, this bill:
- Requires that comprehensive school safety plans include, among other requirements, procedures that address the appropriate use of school personnel to respond to incidents involving an individual experiencing a sudden cardiac arrest or similar life-threatening medical emergency on school grounds.
- Requires these procedures to integrate evidence-based core elements, including CPR training and AED placement in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.
- Requires that charter schools include these provisions in the development of their school safety plans.
EXISTING LAW:
- Requires each school district or county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. (Education Code (EC) 32281)
- Exempts small school districts with fewer than 2,501 students, from the requirement to develop a comprehensive school safety plan for each school if the district develops a districtwide comprehensive school safety plan applicable to each schoolsite. (EC 32281)
- Requires the schoolsite council or a school safety planning committee to be responsible for developing the comprehensive school safety plan, in consultation with representatives from law enforcement agencies, fire departments, and other first responder entities, and requires that the comprehensive school safety plan be shared with law enforcement, the fire department, and other first responder entities. (EC 32281)
- Requires each school to adopt its school safety plan by March 1 and review and update its plan annually by March 1. Each school is required to annually report, in July, on the status of its school safety plan, including a description of key elements of the school safety plan in the annual school accountability report card. (EC 32286)
- Specifies that the comprehensive school safety plan must include an assessment of the current status of school crime committed on school campuses and at school-related functions and identification of appropriate strategies and programs to provide or maintain a high level of school safety, and address the school’s procedures for complying with existing laws related to school safety, including child abuse reporting procedures; disaster procedures; an earthquake emergency procedure system; policies regarding pupils who commit specified acts that would lead to suspension or expulsion; procedures to notify teachers of dangerous pupils; a discrimination and harassment policy; the provisions of any schoolwide dress code; procedures for safe ingress and egress of pupils, parents, and school employees to and from school; a safe and orderly environment conducive to learning; rules and procedures on school discipline; procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions; and a protocol for responding to a student suffering from an opioid overdose. (EC 32282)
- Requires the comprehensive school safety plan to be evaluated at least once a year. (EC 32282)
- Requires the petition to establish a charter school to include the development of a school safety plan with specified safety topics, aligned with the requirements for a school district’s comprehensive school safety plan. (EC 47605 and 47605.5)
- Authorizes public schools to solicit and receive non-state funds to acquire and maintain an AED and requires these funds to be used only to acquire and maintain an AED, and to provide training to school employees in the use of an AED. (EC 49417)
- Requires, if a school district or charter school requires a course in health education for graduation from high school, instruction in performing compression-only CPR. Also encourages school districts and charter schools to provide information to students on the use and importance of an AED, but states that the physical presence of an AED in the classroom is not required. (EC 51225.6)
- Requires, if a school district or charter school elects to offer any interscholastic athletic program, the school district or charter school to acquire at least one AED for each school that participates in the program and encourages school districts and charter schools to ensure that at least one AED is available for the purpose of rendering emergency care or treatment within the recommended 3 to 5 minutes of sudden cardiac arrest to students, spectators or other individuals in attendance at the athletic program’s activities or events. (EC 35179.6)
- Requires the California Department of Education (CDE) to post on its website, guidelines, videos, an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate students and parents and to train coaches. Also encourages school districts and schools to post these materials on their websites to provide ready access to the information. (EC 33479.2)
FISCAL EFFECT: The Office of Legislative Counsel has keyed this as a possible state-mandated local program.
COMMENTS:
Need for the bill. According to the author, “Educational institutions should update their school safety plans to incorporate protocols for dealing with sudden cardiac arrests (SCA) effectively. SCA incidents can occur unpredictably, affecting individuals of any age within school premises. By integrating specific procedures for identifying, responding to, and managing SCA scenarios, schools prioritize the safety and well-being of students, staff, and visitors. Implementing measures to have (SCA) response protocols ensures preparedness and timely intervention, which are critical in preserving life.”
Sudden Cardiac Arrest (SCA). According to the American Heart Association (AHA), unlike a heart attack (when blood flow to the heart is blocked), SCA is when the heart malfunctions and suddenly stops beating unexpectedly. It is triggered by an electrical malfunction in the heart that causes an irregular heartbeat (arrhythmia). With its pumping action disrupted, the heart cannot pump blood to the brain, lungs, and other organs. Seconds later, a person loses consciousness and has no pulse. Death occurs within minutes if the victim does not receive treatment.
According to the Centers for Disease Control and Prevention (CDC), about 2,000 young, seemingly healthy people under age 25 in the U.S. die each year of SCA. It is thought to be a leading cause of death in young athletes, but it also affects young people not involved in organized sports.
What is an AED? An AED is a lightweight, portable device that delivers an electric shock through the chest to the heart. According to the AHA, the shock can potentially stop an irregular heartbeat and allow a normal rhythm to resume following SCA. AEDs are considered safe for use by anyone. The device has a built-in computer to check a victim’s heart rhythm and calculate whether defibrillation is needed. If it is, audible prompts guide the rescuer through the process.
Effectiveness of AEDs. More than 356,000 out-of-hospital cardiac arrests (OHCAs) are reported annually in the United States by the Centers for Disease Control (CDC) and Prevention. An estimated 70% to 90% of people experiencing OHCA die before reaching the hospital. Cardiopulmonary resuscitation (CPR) and the use of an AED within minutes of cardiac arrest can dramatically raise survival rates but are not commonly used or available. One study reported AED use at 10.8% in public settings before emergency medical services arrive. (Andersen, 2018)
Research further suggests that the availability of an AED in communities is associated with nearly a doubling of survival after out-of-hospital cardiac arrest, reinforcing the importance of strategically expanding community-based AED programs. (Weisfeldt, 2010)
According to the CDC, the placement of AEDs at public locations where cardiac arrest is likely to occur, including schools, casinos, federal buildings, airports, fitness centers, churches, and workplaces, has been found to increase out-of-hospital cardiac arrest survival, increase rates of return of spontaneous circulation, and improve neurological outcomes for patients.
AEDs in schools. A 2009 research study noted that U.S. high schools are increasingly adopting AEDs for use in campus settings, and found that school-based AED programs provide a high survival rate for both student athletes and older non-students who suffer SCA on school grounds. (Drezner, 2009)
Adding elements to the comprehensive school safety plans. Existing law requires each school to develop a school safety plan that includes processes, procedures, and policies to ensure student and staff safety at a school site. The components of the plan range from daily processes, such as procedures for safe ingress and egress of pupils, parents, and school employees; to disaster and emergency procedures such as those during and after earthquakes; to behavioral policies such as discrimination and harassment policies.
Current law exempts schools within small school districts, namely those with fewer than 2,501 units of daily average attendance, from the requirement to develop a comprehensive school safety plan, if the district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.
This bill would require that the school safety plan also include procedures to respond to an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. It also requires that these procedures integrate evidence-based core elements, including CPR training and AED placement in accordance with nationally recognized evidence-based emergency cardiac care guidelines.
The school safety plan is developed by a school site council or a school safety planning committee. Current law requires a school district’s safety plan to be developed in cooperation with local law enforcement agencies, community leaders, parents, students, teachers, administrators, classified employees, and other persons who may be interested in the prevention of campus crime and violence. This bill would add intent to include “local emergency medical services personnel” to the list of those to be involved in the development of the plan and adds the “health and safety of students” to the purpose of the safety plan.
Recommended Committee Amendments. Staff recommends that the bill be amended as follows:
- Remove the limitation that only school personnel would be identified to respond to medical emergencies in the school safety plan.
- Clarify that the procedures to respond to medical emergencies may include, but are not required to offer CPR training or to specify the placement of any AEDs that may be available on the schoolsite.
Arguments in support. The American Heart Association, sponsor of the bill writes, “A cardiac event can happen anywhere, and schools are a nucleus for a variety of events in all
communities. Shared use agreements allow communities to access schools exercise, garden,
cook, host community meetings, and more. In addition to shared use agreements, parents and
community members are often at school facilities for school plays, concerts, and athletic events.
With over 5 million students enrolled in California public schools in pre-K to grade 12,
approximately 319,000 teachers in the public school system, and numerous staff, it is important
for school facilities to have a plan in place to address cardiac arrest.ii It is estimated that there are
more than 23,000 children under the age of 18 who experience cardiac arrest outside of a
hospital each year in the U.S. Only 40% are sports related. In schools with AEDs,
approximately 70% of children survive cardiac arrest — seven times the overall survival rate for
children.
The safety of students, school staff, and visitors can be enhanced when response plans are in
place and school teams are trained and empowered to administer lifesaving care until emergency
medical services arrive. A plan can increase survival rates from cardiac arrest by 50% or more by
enabling a trained lay-responder team to take action. AB 2887 does just that.”
Related legislation. AB 3262 (Mainschein) of the 2023-24 Session would require, when an AED is placed in a public or private school serving students in grades 6 to 12, the principal to ensure that the students annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED, and at least annually notify students of the locations of all AED units on campus.
SB 671 (Portantino) Chapter 626, Statutes of 2023, requires an LEA, COE, and charter school safety plans to include procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a school bus serving the school.
SB 323 (Portantino) Chapter 599, Statutes of 2023, requires that comprehensive school safety plans address accommodations related to relevant federal disability laws; (2) requires that the annual evaluation of those plans ensure appropriate adaptations; and (3) authorizes parents and others to bring a concern about a student's safety to the principal.
AB 2009 (Mainschein) Chapter 646, Statutes of 2018, requires a school district or charter school that elects to offer any interscholastic athletic program to ensure that there is a written emergency action plan in place and acquire at least one AED for each school for the purpose of emergency care in the event of cardiac arrest and other related medical emergencies. Clarifies that existing law providing conditional liability protections to those acquiring or using these AEDs would apply.
AB 1639 (Mainschein) Chapter 792, Statutes of 2016, requires the CDE to make available specified guidelines and materials on sudden cardiac arrest; requires students and parents to sign informational materials before athletic participation; requires training of coaches; and sets requirements for action in the event a pupil experiences specified symptoms.
AB 1271 (Bonta) Chapter 794, Statutes of 2014, encourages the guidelines in a school safety plan for the roles and responsibilities of mental health professionals, community intervention professional, school counselors, school resource officers, and police officers on school campuses to include protocols to address the mental health care of pupils who have witnessed a violent act at any time, including, but not limited to, any of the following: while on school grounds; while going to or coming from school; during a lunch period whether on or off campus; and, during, or while going to or coming from, a school-sponsored activity.
REGISTERED SUPPORT / OPPOSITION:
Support
American Heart Association
California Federation of Teachers
Eric Paredes Save a Life Foundation
National Association of Pediatric Nurse Practitioners
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
56SEC
Assembly Floor
10MIN
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):