SB 1380: Charter schools: establishment.

(1)The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law generally requires a petition to establish a charter school to be submitted to the governing board of a school district.

Existing law prohibits the governing board of a school district from denying a petition to establish a new charter school unless it the governing board makes written factual findings in support of one or more specific findings including, among others, a finding that the school district is not positioned to absorb the fiscal impact of the proposed charter school. Existing law identifies specific conditions that subject a newly proposed charter school to a rebuttable presumption of denial for this reason, including, among others, the school district being under state receivership. under state receivership. Existing statutory law does not directly define under state receivership for these purposes.

Existing law authorizes a school district district, if it determines that its revenues are less than the amount necessary to meet its current year expenditure obligations, to request emergency apportionment, subject to requirements and repayment provisions provisions, including the appointment of a trustee, if the school district determines that the school districts revenues are less than the amount necessary to meet the school districts current year expenditure obligations. trustee who, among other things, is required to prepare a multiyear financial recovery plan for the school district.

This bill would eliminate being under state receivership as a basis for a school district to show it is not positioned to absorb the fiscal impact of a proposed new charter school, and would instead specify that a school district may demonstrate that the school district is not positioned to absorb that fiscal impact if, among other conditions, the school district has (A) (A) has received an emergency apportionment as described above and: (i) the school district and either (i) has an outstanding balance of its the emergency loan apportionment and has not met the conditions to terminate the trustees appointment; or (ii) during the first five fiscal years after fully repaying an emergency apportionment and having the appointment of a trustee terminated, the school districts enrollment has declined, as specified; or (B) the school district has, within the immediately preceding five fiscal years, adopted necessary budgetary solutions to maintain or improve the school districts fiscal solvency. appointment or (ii) within a specified period of time after meeting the conditions for termination of the trustees appointment, as provided, either (I) has a qualified interim certification or (II) receives certification by the county superintendent of schools that approving the charter school would result in the school district having a qualified or negative interim certification; or (B) has a positive or qualified interim certification and both (i) has closed or consolidated a school of the school district within the 5 fiscal years immediately preceding the submission of the charter petition and (ii) has declared, and received certification by the county superintendent of schools, that approving the charter school would result in the school district having a qualified or negative interim certification, as provided. To the extent the bill would impose additional duties on school districts and county offices of education relating to charter petitions, 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.