Oakland PTAs and PTOs
Joint Statement re Emergency State Legislative Priorities
Affecting the Survival of Oakland Public Schools

WHEREAS:
1. Oakland Unified School District (“OUSD”) School Board budget projects a ballooning deficit based on, among other things, anticipated retiree benefits obligations (CalPERS and CalSTRS obligations).
2. The OUSD School Board claims it cannot operate in a fiscally responsible manner because the district contains too many schools.
3. OUSD School Board further claims that, as a result of this anticipated budget deficit, OUSD must close and consolidate schools as a cost-saving measure and has begun voting to close schools.
4. OUSD Superintendent’s proposed Citywide Plan envisions potentially closing 24 of Oakland’s 87 public schools (27.6% of Oakland’s public schools!), which will leave Oakland with only 63 public schools and 45 charter schools managed by privately run but publicly funded school boards. No doubt many of the students displaced from their local public school will choose a charter school closer to their own neighborhood, siphoning additional students and resources from the public school system.
5. OUSD’s School Board lacks the legal power to deny approval of any application for a new charter or for renewal/expansion on the ground that there are too many schools or that addition of new charter school seats would threaten the district’s financial health.
6. OUSD School Board’s denial of any charter application can be (and usually is) overturned on appeal to the Alameda County Board of Education. Under current law, charter applicants may obtain a de novo consideration of their applications at either the county or the state board of education.
7. OUSD is facing an imminent teacher strike in which the teachers are demanding an end to closure of community public schools, smaller class sizes, and increased livable salaries.
8. State Senator Tony Mendoza introduced 2017 California Senate Bill (SB) No. 808, California 2017-2018 Regular Session, “An act to amend Sections 47604.33, 47604.5, 47605, 47605.1, 47607, 47613, and 47651 of, to add Section 47605.9 to, and to repeal Sections 47605.5, 47605.6, 47605.8, and 47607.5 of, the Education Code, relating to charter schools,” on February 17, 2017.
9. SB 808 would have restored local school boards’ ability to control the number and quality of schools within their districts, but the Senate Education Committee never voted on the bill. A copy of the SB 808 as most recently amended is attached hereto as Exhibit A.
10. State Senators Jose Medina and Sharon Quirk-Silva (co-authored by Ed Chau) introduced 2017 California Assembly Bill (AB) No. 276, California 2017-2018 Regular Session, “An act to add Section 47604.1 to the Education Code, relating to charter schools,” which would require charter schools to adhere to the same open meeting and transparency laws as public schools. The bill made it out of the Senate Education Committee but died on the Senate inactive file on November 30, 2018. A copy of the bill, as amended, is attached hereto as Exhibit B.
11. The State of California recently passed Assembly Bill (AB) 1840, which amended Article 2 of the Education Code (sections 174633.5, 41320-41327, 42160) to provide that if Oakland has a budget deficit, it can file a spending reduction plan and the state will provide financial relief in the form of an “emergency apportionment loan” and appoint a trustee to enforce that spending reduction plan until OUSD repays the loan. The amendments also provide that OUSD will be permitted to more freely sell and lease its property in order to address budget deficits. The amendment to Education Code section 42160 specifically addresses the needs of Oakland. Ed Code section 42160(c) states that Oakland must undertake budget cutting and reporting tasks, and states
“[t]hese activities may include, but are not limited to, all of the following:
(1) Completion of comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability.
(2) Adoption and implementation of necessary budgetary solutions, including the consolidation of school sites.
(3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans.
(4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6.
(5) Sale or lease of surplus property.
(6) Growth and maintenance of budgetary reserves.
(7) Approval of school district budgets by the Alameda County Superintendent of Schools.
(Emphasis added.)

THEREFORE:
We, the undersigned representatives of the Parent Teacher Associations (“PTAs”) and Parent Teacher Organizations (“PTOs”) at the Oakland schools listed below, demand that our state representatives step in to prevent the dismantling and privatization of the public education system in Oakland and throughout California. To this end, it is essential that the state immediately pass legislation to assist the OUSD School Board and the teachers and the families of OUSD to come to a resolution that best serves the interests of Oakland’s students and thus the interests of our community and state generally.

1. Appropriate funds to relieve OUSD of the debt incurred under state receivership between 2003 and 2009 and of its responsibility for projected CalPERS and CalSTRS costs, so that OUSD can hire teachers at salaries that allow teachers to remain in the profession within the district and to pay for housing in the market where they are employed.
2. Authorize school districts to withhold approval of new charter schools or the renewal of existing charter schools that include enrollment growth on the ground that such approval harms the district financially. No district should be put in the position of OUSD, wherein it must close public schools while being forced to continue approving new unnecessary additional seats at charter schools, which additional seats further imperil the continuing financial viability and existence of public schools.
⇒ Amend the Education Code as provided in SB 808, including amendment of Education Code section 47605(b) to add 47605(b)(7), which will allow a school board to deny a charter if the board makes a “written factual finding, specific to the particular petition, setting forth specific facts to support” the finding:that: “Granting the petition would impose financial hardship on the school district.” See Exhibit A.
3. Restore the local board’s ability to control and manage its school district by limiting the power of the county board of education and the State Board of Education to overturn a local decision to deny charter approval or renewal. Prohibit revisions to petitions during an appeal.
⇒ Amend the Education Code as proposed in Senate Bill 808 (Attachment A).
4. Prohibit the authorization of charter schools outside the boundaries of the authorizer.
⇒ Amend the Education Code as proposed in Senate Bill 808 (Attachment A).
5. Restore the local board’s ability to control and manage its school district by preventing charters from locating outside the jurisdiction of the chartering authority.
⇒ Repeal Education Code section 47605(a)(5).
6. Require charter school petitions to include student enrollment, dismissal, discipline, and transfer policies designed to allow the authorizing district to ensure the charter school’s student population is within the range of the student demographics of schools in the district in which it is located, including but not limited to the racial/ethnic, socio-economic, gender, and special needs composition of students.
⇒ Add these requirements to Education Code section 47605(a)(1).
7. Require charter schools to share in the costs of the education of Oakland students with IEPs with a range of options tailored to the city, which would include but not be limited to participation in the Special Education Local Plan Area (SELPA) in which it is geographically located.
8. Require charter schools to comply with government transparency and conflict of interest requirements that are required of all public local educational agencies.
⇒ Support a bill like AB 276 (Exhibit B), which would expressly state that charter schools and entities managing charter schools are subject to the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act.
9. Require charter schools to request a material revision for new or expanded facilities prior to the time the charter school requests permitting authority from the city or jurisdiction that must approve land use and zoning.
10. Support repeal of Proposition 13 for commercial properties as proposed by “The California Schools and Local Communities Funding Act of 2018,” which has qualified as a ballot initiative for the 2020 election.

Exhibit A

2017 California Senate Bill No. 808, California 2017-2018 Regular Session

CALIFORNIA BILL TEXT

TITLE: Charter schools: chartering authorities and approvals.

VERSION: Introduced February 17, 2017 Mendoza
Image 1 within document in PDF format.
SUMMARY: An act to amend Sections 47604.33, 47604.5, 47605, 47605.1, 47607, 47613, and 47651 of, to add Section 47605.9 to, and to repeal Sections 47605.5, 47605.6, 47605.8, and 47607.5 of, the Education Code, relating to charter schools.

TEXT:

SENATE BILL No. 808

Introduced by Senator Mendoza February 17, 2017
An act to amend Sections 47604.33, 47604.5, 47605, 47605.1, 47607, 47613, and 47651 of, to add Section 47605.9 to, and to repeal Sections 47605.5, 47605.6, 47605.8, and 47607.5 of, the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL'S DIGEST

SB 808, as introduced, Mendoza. Charter schools: chartering authorities and approvals.

Existing law, the Charter Schools Act of 1992, provides for 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, and, under specified circumstances, authorizes a petition to be submitted to and approved by a county board of education or the State Board of Education. Existing law provides that a county board of education may 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. Existing law also provides that a petition for the operation of a charter school may be submitted directly to the state board and that the state board has authority to approve a charter for the operation of a state charter school that may operate at multiple sites throughout the state.

This bill would repeal those provisions authorizing a county board of education or the state board to approve a petition to establish a charter school and would specify that, on and after January 1, 2018, a petition to establish a charter school may not be approved by a county board of education or the state board and may be submitted only to the school district the boundaries within which the charter school would be located. The bill would provide that charter schools operating under a charter approved by a county board of education or the state board may continue to operate under those charters only until the date on which the charter is required to be renewed.

Existing law provides that the governing board of a school district shall not deny a petition to establish a charter school unless it makes written factual findings in support of one or more specific findings.

This bill would authorize the governing board of a school district to also deny a petition if it makes written factual findings in support of the fact that granting the petition would impose financial hardship on the school district.

Existing law provides that if a petition to establish a charter school is denied by the governing board of a school district, the petitioner may submit the petition to the county board of education, which may grant or deny the petition.

This bill would repeal those provisions and would instead provide that a petitioner may appeal the denial of a petition to the county board of education, which may consider the appeal only if the appeal alleges that the governing board of the school district committed a procedural violation in reviewing the petition. The bill would provide that if a county board of education finds, by substantial evidence, that the governing board of the school district committed a procedural violation in reviewing the petition, the county board of education shall remand the petition to the school district for reconsideration.

Existing law provides that a charter school may appeal a school district's decision to revoke the charter school's charter to the county board of education and, if the county board of education upholds the decision, to appeal the county board of education's decision to the state board.

This bill would delete those provisions and would instead authorize a charter school, upon revocation of its charter by a school district, to appeal the decision to the county board of education to consider only whether the school district committed a procedural violation in making its decision and, if the county board of education finds a procedural violation was committed, to remand the charter school back to the school district to reconsider its decision to revoke the charter. The bill would provide that if the school district affirms its decision to revoke the charter or if the charter school wants to appeal the school district's decision because the findings made by the school district are not supported by substantial evidence, the charter school may seek judicial review.

This bill would also make conforming and nonsubstantive changes.

To the extent the bill would impose additional requirements on local educational agencies and charter schools, the bill would impose a state-mandated local program.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows:

SECTION 1. Section 47604.33 of the Education Code is amended to read:

47604.33. (a) Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority: schools:

(1) On or before July 1, a preliminary budget. For a charter school in its first year of operation, the information submitted pursuant to subdivision (g) of Section 47605 satisfies this requirement.

(2) On or before July 1, a local control and accountability plan and an annual update to the local control and accountability plan required pursuant to Section 47606.5.

(3) On or before December 15, an interim financial report. This report shall reflect changes through October 31.

(4) On or before March 15, a second interim financial report. This report shall reflect changes through January 31.

(5) On or before September 15, a final unaudited report for the full prior year.

(b) The chartering authority shall use any financial information it obtains from the charter school, including, but not limited to, the reports required by this section, to assess the fiscal condition of the charter school pursuant to paragraph
(4) of subdivision (a) of Section 47604.32.

(c) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.

SEC. 2. Section 47604.5 of the Education Code is amended to read:

47604.5. The state board, whether or not it is the authority that granted the charter, board may, based upon the recommendation of the Superintendent, take appropriate action, including, but not limited to, revocation of the school's charter, when the state board finds any of the following:

(a) Gross financial mismanagement that jeopardizes the financial stability of the charter school.

(b) Illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school.

(c) Substantial and sustained departure from measurably successful practices such that continued departure would jeopardize the educational development of the charter school's pupils.

(d) Failure to improve pupil outcomes across multiple state and school priorities identified in the charter pursuant to subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (d) of Section 47605.6.

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 his or her child or ward attend the charter school, or in the case of a teacher's signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.

(4) After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, they there shall be a material revision to the charter school's charter.

(5) A charter school that is unable to locate within the jurisdiction of the chartering school district may establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exists:

(A) The school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the school chooses to locate.

(B) The site is needed for temporary use during a construction or expansion project.

(6) Commencing January 1, 2003, a petition to establish a charter school may shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.

(b) No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider 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 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:

(1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.

(2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.

(3) The petition does not contain the number of signatures required by subdivision (a).

(4) The petition does not contain an affirmation of each of the conditions described in subdivision (d).

(5) The 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, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.

(iii) If the proposed charter school will serve high school pupils, 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 school's educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.

(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.

(D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.

(E) The qualifications to be met by individuals to be employed by the charter school.

(F) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the charter school furnish it the charter school with a criminal record summary as described in Section 44237.

(G) The means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.

(H) Admission requirements, if applicable.

(I) The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.

(J) The procedures by which pupils can be suspended or expelled.

(K) The manner by which staff members of the charter schools will be covered by the State Teachers' Retirement System, the Public Employees' Retirement System, or federal social security.

(L) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.

(M) The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.

(N) The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.

(O) 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) Granting the petition would impose financial hardship on the school district.

(c) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.

(2) Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school's educational programs.

(d) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.

(2) (A) A charter school shall admit all pupils who wish to attend the charter school.

(B) If the number of pupils who wish to attend the charter school exceeds the charter school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.

(C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and 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 pupil's last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.

(e) The governing board of a school district shall not require an employee of the school district to be employed in a charter school.

(f) The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.

(g) The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners shall also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.

(h) In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006.

(i) Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.

(j) (1) If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.

(2) In assuming its role as a chartering agency, the state board shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b), and shall define "reasonably comprehensive" as used in paragraph (5) of subdivision (b) in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001.

(3) A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.

(4) If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny a petition shall be subject to judicial review.

(5) The state board shall adopt regulations implementing this subdivision.

(6) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition to the department and the state board.

(k) (1) The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition.

(2) The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board.

(3) A charter school that is granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, before expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the charter school's petition for renewal, the school may petition the state board for renewal of its charter.

(j) (1) If the governing board of a school district denies a petition, the petitioner may appeal that denial to the county board of education. The county board of education may consider an appeal pursuant to this subdivision only if the appeal alleges that the governing board of the school district committed a procedural violation under this part in reviewing the petition. If the county board of education finds, by substantial evidence, that the governing board of the school district committed a procedural violation under this part in reviewing the petition, the county board of education shall remand the petition to the school district for reconsideration.

(2) If the county board of education fails to act on an appeal within 120 days of receipt, the decision of the governing board of the school district to deny a petition shall be subject to judicial review.

(l)

(k) Teachers in charter schools shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.

(m)

(l) A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, sited and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.

SEC. 4. Section 47605.1 of the Education Code is amended to read:

47605.1. (a) (1) Notwithstanding any other law, a charter school that is granted a charter from the governing board of a school district or county office of education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, shall locate in accordance with the geographic and site limitations of this part.

(2) Notwithstanding any other law, a charter school that is granted a charter by the state board after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, based on the denial of a petition by the governing board of a school district or county board of education, as described in paragraphs (1) and (2) of subdivision (j) of Section 47605, may locate only within the geographic boundaries of the chartering entity that initially denied the petition for the charter.

(3)

(2) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the state board before July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of this part, in accordance with subdivision (e).

(b) This section is not intended to affect the admission requirements contained in subdivision (d) of Section 47605.

(c) Notwithstanding any other law, a charter school may establish a resource center, meeting space, or other satellite facility located in a county adjacent to that in which the charter school is authorized if the following conditions are met:

(1) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school.

(2) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the charter school is authorized.

(d) Notwithstanding subdivision (a) or subdivision (a) of Section 47605, a charter school that is unable to locate within the geographic boundaries of the chartering school district may establish one site outside the boundaries of the school district, but within the county within which that school district is located, if the school district in which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools is notified of the location of the charter school before it commences operations, and either of the following circumstances exist:

(1) The charter school has attempted to locate a single site or facility to house the entire program, but such a facility or site is unavailable in the area in which the charter school chooses to locate.

(2) The site is needed for temporary use during a construction or expansion project.

(e) (1) For a charter school that was granted approval of its charter before July 1, 2002, and provided educational services to pupils before July 1, 2002, this section only applies to new educational services or schoolsites established or acquired by the charter school on or after July 1, 2002.

(2) For a charter school that was granted approval of its charter before July 1, 2002, but did not provide educational services to pupils before July 1, 2002, this section only applies upon the expiration of a charter that is in existence on January 1, 2003.

(3) Notwithstanding other implementation timelines in this section, by June 30, 2005, or upon the expiration of a charter that is in existence on January 1, 2003, whichever is later, all charter schools shall be required to comply with this section for schoolsites at which educational services are provided to pupils before or after July 1, 2002, regardless of whether the charter school initially received approval of its charter school petition before July 1, 2002. To achieve compliance with this section, a charter school shall be required to receive approval of a charter petition in accordance with this section and Section 47605.

(4) This section is not intended to affect the authority of a governmental entity to revoke a charter that is granted on or before the effective date of this section.

(f) A charter school that submits its petition directly to a county board of education, as authorized by Section 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of education has jurisdiction.

(g)

(f) Notwithstanding any other law, the jurisdictional limitations set forth in this section do not apply to a charter school that provides instruction exclusively in partnership with any of the following:

(1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).

(2) Federally affiliated Youth Build programs.

(3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.

(4) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Sections 14507.5 or 14406 of the Public Resources Code.

(5) Instruction provided to juvenile court school pupils pursuant to subdivision (b) of Section 42238.18 or pursuant to Section 1981 for individuals who are placed in a residential facility.

SEC. 5. Section 47605.5 of the Education Code is repealed.

47605.5. A petition may be submitted directly to a county board of education in the same manner as set forth in Section 47605 for charter schools that will serve pupils for whom the county office of education would otherwise be responsible for providing direct education and related services. Any denial of a petition shall be subject to the same process for any other county board of education denial of a charter school petition pursuant to this part.

SEC. 6. Section 47605.6 of the Education Code is repealed.

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 petitioner's 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 petitioner's 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 school's approved charter.

(4) A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teacher's 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 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 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, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.

(iii) If the proposed charter school will enroll high school pupils, 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 school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the school's educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.

(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.

(D) The location of each charter school facility that the petitioner proposes to operate.

(E) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.

(F) The qualifications to be met by individuals to be employed by the charter school.

(G) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the charter school furnish it with a criminal record summary as described in Section 44237.

(H) The means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.

(I) The manner in which annual, independent, financial audits shall be conducted, in accordance with regulations established by the state board, and the manner in which audit exceptions and deficiencies shall be resolved.

(J) The procedures by which pupils can be suspended or expelled.

(K) The manner by which staff members of the charter 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 requirements of the charter school, if applicable.

(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 employ of the charter school.

(P) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the 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 school's 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 school's 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 his or her parent or guardian, within this state.

(2) (A) A charter school shall admit all pupils who wish to attend the charter school.

(B) If the number of pupils who wish to attend the charter school exceeds the school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual charter school basis and only if consistent with the law.

(C) In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.

(f) The county board of education shall not require an employee of the county or a school district to be employed in a charter school.

(g) The county board of education shall not require a pupil enrolled in a county program to attend a charter school.

(h) The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners 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.

(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 may not elect to submit the petition for the establishment of the charter school to the state board.

(l) Teachers in charter schools shall be required to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority.

(m) A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.

SEC. 7. Section 47605.8 of the Education Code is repealed.

47605.8. (a) A petition for the operation of a state charter school may be submitted directly to the state board, and the state board shall have the authority to approve a charter for the operation of a state charter school that may operate at multiple sites throughout the state. The State Board of Education shall adopt regulations, pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) for the implementation of this section. Regulations adopted pursuant to this section shall ensure that a charter school approved pursuant to this section meets all requirements otherwise imposed on charter schools pursuant to this part, except that a state charter school approved pursuant to this section shall not be subject to the geographic and site limitations otherwise imposed on charter schools. The petitioner shall submit a copy of the petition, for notification purposes, to the county superintendent of schools of each county in which the petitioner proposes to operate the state charter school. The petitioner also shall ensure that the governing board of each school district in which a site is proposed to be located is notified no later than 120 days prior to the commencement of instruction at each site, as applicable.

(b) The state board shall not approve a petition for the operation of a state charter school pursuant to this section unless the state board makes a finding, based on substantial evidence, that the proposed state charter school will provide instructional services of statewide benefit that cannot be provided by a charter school operating in only one school district, or only in one county. The finding of the state board in this regard shall be made part of the public record of the proceedings of the state board and shall precede the approval of the charter.

(c) The state board, as a condition of charter petition approval, may enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report on, the operations of the state charter school. The state board may prescribe the aspects of the operations of the state charter school to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the state charter school to the state board.

(d) The state board shall not be required to approve a petition for the operation of a state charter school, and may deny approval based on any of the reasons set forth in subdivision (b) of Section 47605.6.

SEC. 8. Section 47605.9 is added to the Education Code, to read:

47605.9. (a) On and after January 1, 2018, a petition to establish a charter school under this part may be submitted only to the governing board of the school district the boundaries within which the charter school proposes to locate.

(b) A charter school operating under a charter approved by a county board of education or the state board pursuant to Section 47605, 47605.5, 47605.6, or 47605.8, as those sections read on January 1, 2017, may continue to operate under the authority of those chartering authorities only until the date on which the charter is up for renewal, at which point the charter school shall submit a petition for renewal to the governing board of the school district the boundaries within which the charter school is located.

SEC. 9. Section 47607 of the Education Code is amended to read:

47607. (a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board years and may be granted one or more subsequent renewals by that entity. Each renewal shall be by the chartering authority for a period of five years. years for each renewal. A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter chartering authority. The chartering authority may inspect or observe any part of the charter school at any time.

(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.

(3) (A) The chartering authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal.

(B) For purposes of this section, "all groups of pupils served by the charter school" means a numerically significant pupil subgroup, as defined by paragraph (3) of subdivision (a) of Section 52052, served by the charter school.

(b) Commencing on January 1, 2005, or after a charter school has been in operation for four years, whichever date occurs later, a charter school shall meet at least one of the following criteria before receiving a charter renewal pursuant to paragraph (1) of subdivision (a):

(1) Attained its Academic Performance Index (API) growth target in the prior year or in two of the last three years both schoolwide and for all groups of pupils served by the charter school.

(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years.

(3) Ranked in deciles 4 to 10, inclusive, on the API for a demographically comparable school in the prior year or in two of the last three years.

(4) (A) The entity that granted the charter determines that the academic performance of the charter school is at least equal to the academic performance of the public schools that the charter school pupils would otherwise have been required to attend, as well as the academic performance of the schools in the school district in which the charter school is located, taking into account the composition of the pupil population that is served at the charter school.

(B) The determination made pursuant to this paragraph shall be based upon all of the following:

(i) Documented and clear and convincing data.

(ii) Pupil achievement data from assessments, including, but not limited to, the Standardized Testing and Reporting Program California Assessment of Student Performance and Progress established by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 for demographically similar pupil populations in the comparison schools.

(iii) Information submitted by the charter school.

(C) A chartering authority shall submit to the Superintendent copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The Superintendent shall review the

materials and make recommendations to the chartering authority based on that review. The review may be the basis for a recommendation made pursuant to Section 47604.5.

(D) A charter renewal may not be granted to a charter school prior to before 30 days after that charter school submits materials pursuant to this paragraph.

(5) Qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052.

(c) (1) A charter may be revoked by the chartering authority that granted the charter under this chapter if the chartering
authority finds, through a showing of substantial evidence, that the charter school did any of the following:

(A) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.

(B) Failed to meet or pursue any of the pupil outcomes identified in the charter.

(C) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.

(D) Violated any provision of law.

(2) The chartering authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to revoke a charter.

(d) Before revocation, the chartering authority that granted the charter shall notify the charter school of any violation of this section and give the charter school a reasonable opportunity to remedy the violation, unless the chartering authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils.

(e) Before revoking a charter for failure to remedy a violation pursuant to subdivision (d), and after expiration of the charter school's reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings.

(f) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority. authority to consider only whether the school district committed a procedural violation in revoking the charter.

(2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The school district may appeal the reversal to the state board.

(2) In an appeal brought by a charter school, a county board of education shall determine only whether the school district committed a procedural violation in revoking the charter. If the county board determines that the school district committed a procedural violation in revoking the charter, the county board of education shall remand the charter school back to the school district to reconsider whether to revoke the charter school's charter.

(3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board. seek judicial review in a court of competent jurisdiction.

(4) If a school district after reconsideration upholds its decision to revoke the charter or if the charter school wants to appeal a school district's decision to revoke a charter because the findings made by the school district pursuant to subdivision (e) are not supported by substantial evidence, then the charter school may seek judicial review.

(4) The state board

(5) A court may reverse the revocation decision if the state board it determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The state board evidence or may uphold the revocation decision of the school district if the state board it determines that the findings made by the chartering authority under subdivision (e) are supported by substantial evidence.

(g) (1) If a county office of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority.

(2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence.

(h)

(g) If the revocation decision of the chartering authority is reversed on appeal, the agency school district that granted the charter shall continue to be regarded as the chartering authority.

(i)

(h) During the pendency of an appeal filed under this section, a charter school, whose revocation proceedings are based on subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the charter school is not disrupted.

(j)

(i) Immediately following the decision of a county board of education to reverse remand a decision of a school district to revoke a charter, charter back to the school district for reconsideration, the following shall apply:

(1) The charter school shall qualify as a charter school for funding and for all other purposes of this part.

(2) The charter school may continue to hold all existing grants, resources, and facilities.

(3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter shall be immediately reinstated or returned.

(k)

(j) A final decision of a revocation or appeal of a revocation pursuant to subdivision (c) shall be reported to the chartering authority, the county board of education, and the department.

SEC. 10. Section 47607.5 of the Education Code is repealed.

47607.5. If either a school district governing board or a county board of education, as a chartering agency, does not grant a renewal to a charter school pursuant to Section 47607, the charter school may submit its application for renewal pursuant to the procedures pertaining to a denial of a petition for establishment of a charter school, as provided in subdivision (j) of Section 47605.

SEC. 11. Section 47613 of the Education Code is amended to read:

47613. (a) Except as set forth in subdivision (b), a chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 1 percent of the revenue of the charter school.

(b) A chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering authority.

(c) A local educational agency that is given the responsibility for supervisorial oversight of a charter school, pursuant to paragraph (1) of subdivision (k) of Section 47605, as it read on January 1, 2017, may charge for the actual costs of supervisorial oversight, and administrative costs necessary to secure charter school funding. A charter school that is charged for costs under this subdivision may not be charged pursuant to subdivision (a) or (b).

(d) This section does not prevent the charter school from separately purchasing administrative or other services from the chartering authority or any other source.

(e) For purposes of this section, "chartering authority" means a school district, county board of education, or the state board, that granted the charter to the charter school. district.

(f) For purposes of this section, "revenue of the charter school" means the amount received in the current fiscal year from the local control funding formula calculated pursuant to Section 42238.02, as implemented by Section 42238.03.

(g) For purposes of this section, "costs of supervisorial oversight" include, but are not limited to, costs incurred pursuant to Section 47607.3.

SEC. 12. Section 47651 of the Education Code is amended to read:

47651. (a) A charter school may receive the state aid portion of the charter school's total local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, directly or through the local educational agency that either grants its charter or was designated by the state board.

(1) In the case of a charter school that elects to receive its funding directly, the warrant shall be drawn in favor of the county superintendent of schools of the county in which the local educational agency that granted the charter, or was designated by the state board as the oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, as it read on January 1, 2017, is located, for deposit to the appropriate funds or accounts of the charter school in the county treasury. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school.

(2) In the case of a charter school that does not elect to receive its funding directly pursuant to this section, the warrant shall be drawn in favor of the county superintendent of schools of the county in which the local educational agency that granted the charter is located or was designated the oversight agency by the state board pursuant to paragraph (1) of subdivision (k) of Section 47605, as it read on January 1, 2017, for deposit to the appropriate funds or accounts of the local educational agency.

(3) In the case of a charter school, the charter of which was granted by the state board, board before January 1, 2017, but for which the state board has not delegated oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, as it read on January 1, 2017, the warrant shall be drawn in favor of the county superintendent of schools in the county where the local educational agency is located that initially denied the charter that was later granted by the state board. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school.

(b) On or before June 1 of each year, a charter school electing to receive its funding directly shall so notify the county superintendent of schools of the county in which the local educational agency that granted the charter is located or, in the case of charters for which the state board has designated an oversight agency pursuant to paragraph (1) of subdivision
(k) of Section 47605, as it read on January 1, 2017, the county superintendent of schools of the county in which the designated oversight agency is located. An election to receive funding directly applies to all funding that the charter school is eligible to receive receive, including, but not limited to, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, other state and federal categorical aid, and lottery funds.

SEC. 13. 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.

End of Document © 2019 Thomson Reuters. No claim to original U.S. Government Works.

Exhibit B

2017 California Assembly Bill No. 276, California 2017-2018 Regular Session

CALIFORNIA BILL TEXT

TITLE: Local educational agencies: charter schools.

VERSION: Amended/Substituted August 24, 2018
Assembly Members Medina and Quirk-Silva
Image 1 within document in PDF format.
SUMMARY: An act to add Section 47604.1 to the Education Code, relating to local educational agencies.

TEXT:

AMENDED IN SENATE AUGUST 24, 2018

AMENDED IN SENATE AUGUST 17, 2018

AMENDED IN SENATE JULY 5, 2018

AMENDED IN SENATE APRIL 10, 2018

AMENDED IN SENATE MARCH 13, 2018

AMENDED IN ASSEMBLY APRIL 17, 2017

AMENDED IN ASSEMBLY MARCH 8, 2017

AMENDED IN ASSEMBLY MARCH 1, 2017

CALIFORNIA LEGISLATURE--2017-18 REGULAR SESSION ASSEMBLY BILL No. 276
Introduced by Assembly Members Medina and Quirk-Silva (Coauthor: Assembly Member Chau)
February 1, 2017

An act to add Section 47604.1 to the Education Code, relating to local educational agencies. LEGISLATIVE COUNSEL'S DIGEST
AB 276, as amended, Medina. Local educational agencies: charter schools.

(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency, including a school district, be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires regular meetings of the county board of education and all meetings of a governing board of a school district

be conducted in accordance with the Ralph M. Brown Act. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend.

This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. This provision would become operative on July 1, 2019.

(2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure.

This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the California Public Records Act, except as provided for certain charter schools located on federally recognized California Indian reservations or rancherias. For those charter schools, the bill would require each charter school's chartering authority to be the custodian of records with regard to any request for information submitted to the charter school. These provisions would become operative on July 1, 2019. To the extent these provisions would impose a new duty on a local educational agency, the bill would impose a state-mandated local program.

(3) Existing law prohibits certain public officials, including, but not limited to, state, county, or district officers or employees, from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members, except as provided. Existing law specifically requires members of governing boards of school districts to be subject to these provisions.

This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to these provisions, except that the bill would provide that a governing board or body member or a local agency executive, as defined, shall not be deemed to be interested in a contract if his or her interest is that of a person who provides a loan to a public school due to a fiscal emergency, or leases real property to be occupied by a charter school or who signs a guarantor agreement relative to the lease of real property to be occupied by a charter school, and who also serves as a member of the governing board or body or as a local agency executive of the charter school, as provided. The bill would also provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require such a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter uniquely affecting his or her own employment. The bill would require a member of the governing body of a charter school to abstain from voting on, or from influencing or attempting to influence another member of that body regarding, personnel matters that uniquely affect a relative of the member, as provided. The bill would prohibit discussion of any item regarding an activity of the governing body of a charter school that is not related to the operation of the charter school at a meeting of the governing body to discuss items related to the operation of the charter school. These provisions would become operative on January 1, 2020.

(4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of- interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position.

This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Political Reform Act of 1974. This provision would become operative on January 1, 2020.

(5) This bill would provide that, only by mutual agreement of the chartering authority of a charter school and the charter school petitioner, compliance with the provisions described in (1) to (4), inclusive, above may be delayed for up to 12 months, provided that compliance is achieved no later than January 1, 2021.

(5)

(6) 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature in enacting this act to do both of the following:

(a) Ensure that charter school governance is transparent.

(b) Ensure that monitoring and oversight of charter schools are conducted to protect the public interest.

SEC. 2. Section 47604.1 is added to the Education Code, to read:

47604.1. (a) A local educational agency, including a charter school and an entity managing a charter school, is subject to all of the following:

(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity.

(2) (A) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(B) (i) The chartering authority of a charter school that meets the criteria specified in clauses (ii) and (iii) shall be the custodian of records with regard to any request for information submitted to the charter school. Nothing in this paragraph shall be construed to This paragraph does not allow a chartering authority to delay or obstruct access to records otherwise required under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(ii) The charter school is located on a federally recognized California Indian reservation or rancheria.

(iii) The charter school is operated by a nonprofit public benefit corporation that was formed on or before May 31, 2002, and is currently operated by a federally recognized California Indian tribe.

(3) (A) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code.

(B) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, a governing board or body member or local agency executive, as defined in Section 3511.1 of the Government Code, shall not be deemed to be interested in a contract if his or her interest is any of the following:

(i) That of a person who provides a loan to a public school due to a fiscal emergency, and who also serves as a member of the governing board or body of the charter school. A member of a governing board or body who provides a loan as described in this clause shall abstain from voting on, or influencing or attempting to influence another member of the governing board or body regarding, all matters affecting the loan agreement. The loan agreement shall not disqualify the member from serving on the governing board or body or from employment by the charter school if the governing board or body, before entering into the loan agreement, declares the existence of and describes the fiscal emergency by adopting a resolution at a public meeting. The governing board or body shall disclose and approve the loan agreement, including the terms of the loan, during a public meeting. This clause shall also apply to a member of the governing board or body or a local agency executive of the charter school who signs a guarantor agreement relative to a line of credit, provided that the funds from the line of credit shall not be accessed until a fiscal emergency is declared and described as required pursuant to this paragraph. The interest rate for the loan or line of credit described in this clause shall be 0 percent. The lender may be reimbursed for the tax implication, if any, that arises because the Internal Revenue Service applies the applicable federal rate. The reimbursement shall not occur unless the lender presents proof of the amount charged by the Internal Revenue Service and the governing board or body approves the reimbursement at an open meeting of the governing board or body. A charter school shall notify its chartering authority of its intent to enter into the loan at least 48 hours before the initial public meeting scheduled for approving the loan. The lender shall not charge any other form of compensation.

(ii) That of a person who leases real property to be occupied by a charter school or who signs a guarantor agreement relative to the lease of real property to be occupied by a charter school, and who also serves as a member of the governing board or body or as a local agency executive of the charter school, provided that the charter school is not charged more than one dollar ($1.00) per year. The lessor or guarantor may be reimbursed for the tax implication, if any, that arises because the Internal Revenue Service applies the applicable federal rate to the value of the lease. A member of a governing board or body or local agency executive who is a lessor or guarantor as described in this clause shall abstain from voting on, or influencing or attempting to influence another member of the governing board or body regarding, all matters affecting the real property lease agreement. The reimbursement shall not occur unless the lessor or guarantor presents proof of the amount charged by the Internal Revenue Service and the governing board or body approves the reimbursement at an open meeting of the governing board or body. The governing board or body shall disclose and approve the real property lease agreement or guarantee, including the terms of the lease or guarantee, during a public meeting. A charter school shall notify its chartering authority of its intent to enter into the real property lease agreement or guarantee at least 48 hours before the initial public meeting scheduled for approving the lease. The lessor or guarantor shall not charge any other form of compensation.

(4) (A) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).

(B) A local educational agency, including a charter school and the entity managing a charter school, shall be considered an agency and is the most decentralized level for purposes of adopting a conflict-of-interest code.

(b) (1) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, an employee of a charter school is not disqualified because of that employment status from also serving as a member of the governing body of the charter school. Such a member of the governing body of a charter school shall abstain from voting on, or influencing or attempting to influence another member of the governing body regarding, all matters uniquely affecting his or her own employment.

(2) (A) A member of the governing body of a charter school shall abstain from voting on, and from influencing or attempting to influence another member of the governing body regarding, a personnel matter that uniquely affects a relative of the member, but may vote on a collective bargaining agreement or personnel matter that affects a class of employees to which a relative of the member belongs.

(B) For purposes of this paragraph, a "relative" is an adult who is related to a person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree.

(c) (1) For purposes of this section, an "entity managing a charter school" means an entity that provides management services to one or more charter schools, defined as the authority to do two or more of the following: and has the authority over two or more of the following areas of a charter school:

(A) Instructional design.

(B) Finances.

(C) Board membership.

(D) Operations.

(E) Policies.

(2) Where the charter school enters into a contract with an individual entity to provide a single service that does not give policymaking authority to the individual entity over the areas set forth in paragraph (1), the individual entity does not qualify as an "entity managing a charter school" for purposes of paragraph (1). These contracts shall be individual contracts with separate entities that are not related.

(3) A charter school shall not enter into a subcontract to avoid the requirements of this subdivision.

(A) Elect or appoint members of the governing body of a charter school.

(B) Remove members of the governing body of a charter school.

(C) Appoint or remove the officers or chief executive of a charter school.

(D) Vote on or otherwise make changes to the articles or bylaws of a charter school or to the charter petition.

(E) Overrule a decision of the governing body of a charter school.

(F) (i) Control the instructional design, finances, operations, or policies of a charter school.

(ii) For purposes of clause (i), control of the areas specified in clause (i) means delegated authority to act in those areas and to prohibit the governing body of the charter school from amending, changing, or overruling the actions of the entity in those areas, unless the action involves a contract between the charter school and another entity for specified services and the governing body of the charter school has clear authority to enter into, amend, or cancel the contract.

(2) An entity that subcontracts with another entity to perform a function listed in any of subparagraphs (A) to (F), inclusive, of paragraph (1) shall still be considered an entity managing a charter school on the basis of its authority to perform that function.

(d) (1) To the extent that a governing body of a charter school, or an entity managing a charter school, engages in activities that are not related to a charter school authorized to operate in California, Section 1090 of the Government Code, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) shall not apply with regard to those unrelated activities.

(2) A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school.

(e) (1) Paragraphs (1) and (2) of subdivision (a) shall become operative on July 1, 2019. Paragraphs (3) and (4) of subdivision (a) shall become operative on January 1, 2020.

(2) Notwithstanding any other provision of this section, only by mutual agreement of the chartering authority of a charter school and the charter school petitioner, compliance with subdivisions (a) to (d), inclusive, may be delayed for up to 12 months, provided that compliance is achieved no later than January 1, 2021.

SEC. 3. 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.

End of Document © 2019 Thomson Reuters. No claim to original U.S. Government Works.