Bill Text: CA SB755 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public postsecondary education: California State
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB755 Detail]
Download: California-2011-SB755-Amended.html
Bill Title: Public postsecondary education: California State
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB755 Detail]
Download: California-2011-SB755-Amended.html
BILL NUMBER: SB 755 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 11, 2011
INTRODUCED BY Senator Lieu
FEBRUARY 18, 2011
An act to amend Sections 32280, 32281, 32282, 32285, and
32286 32286, 41020, and 47605 of, to add
Sections 32286.1, 32287.1, and 32289.1
41338.5 to, to repeal Section 32289 of, and to repeal and add
Section 32288 of, the Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 755, as amended, Lieu. School safety plans.
(1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
This bill would revise and recast those procedures. The bill would
make the requirement to develop and adopt a school safety
plan applicable to charter schools authorized by the governing boards
of school districts or county offices of education in addition to
other public schools operated by those districts or county offices.
The bill also would impose various criminal penalties for school and
local educational agency officers who fail to comply with the revised
procedures. The bill would authorize the filing of a complaint of
noncompliance with the school safety plan requirements of Title IV of
the federal No Child Left Behind Act of 2001 with the department
pursuant to the Uniform Complaint Procedures set forth in the
California Code of Regulations require specified
administrators of school districts and county offices of education to
provide written notification to the Superintendent of
Public Instruction identifying each school within the school district
or county that has not complied with the requirement to adopt, and
periodically review and update, a comprehensive school safety plan.
The bill would require the Superintendent to publish, on the Internet
Web site of the State Department of Education, the name of each
school reported as not complying with the requirements to adopt, and
periodically review and update, a comprehensive school safety plan
. By requiring school and local educational agency officers to
perform additional duties, and creating new crimes,
the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(2) Existing law requires a county superintendent of schools to
provide for an audit of all funds under his or her jurisdiction, and
requires the governing board of a local educational agency to either
provide for an audit of the books and accounts of the local
educational agency or make arrangements with the county
superintendent of schools having jurisdiction over the local
educational agency to provide for that auditing. Existing law
requires a county superintendent of schools to be responsible for
reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to specified
topics, and determining whether the exceptions were either corrected
or an acceptable plan of correction was developed. Existing law
requires the county office of education to review certain audit
exceptions upon submission and receipt of a final audit report.
Existing law requires the Superintendent of Public Instruction to be
responsible for ensuring that local educational agencies have either
corrected or developed plans of correction for specified audit
exceptions.
This bill, commencing with the 2012-13 fiscal year, would require
the auditor to include in the audit report a summary of the extent to
which a local educational agency has complied with the requirement
that each of its schools develop a comprehensive school safety plan.
(3) Existing law establishes a public school funding system that
includes, among other elements, the provision of funding to local
educational agencies through state apportionments, the proceeds of
property taxes collected at the local level, and other sources.
This bill would require the Superintendent of Public Instruction
to withhold the next principal apportionment from a local educational
agency if the Superintendent receives an audit report that finds
that the local educational agency has not substantially complied with
the requirement that each of its schools develop a comprehensive
school safety plan, or if the Superintendent finds that a
superintendent of a school district or county office of education, or
an administrator in charge of a school district or county office of
education without a superintendent, has committed a violation by
failing to provide written notification to the Superintendent
identifying each school within the district or county that has not
complied with specified requirements relating to the development and
adoption of comprehensive school safety plans for that school year.
The bill would authorize the Superintendent to apportion these funds
to the affected local educational agency only after determining that
the noncompliance or violation has been corrected.
(4) The Charter Schools Act of 1992 allows one or more persons
seeking to establish a charter school within a school district to
circulate a petition to that effect. The act provides that a petition
for the establishment of a charter school may be denied by the
governing board of a school district upon a finding that the petition
does not contain a reasonably comprehensive description of the
procedures that the school will follow to ensure the health and
safety of pupils and staff, including a requirement that each
employee of the school furnish the school with a criminal record
summary. The renewal of a charter is also governed by these criteria.
This bill, in addition, would add the development of a school
safety plan, which includes specified elements, and that is annually
reviewed by the school and updated as necessary, to the procedures
that the school will follow to ensure the health and safety of pupils
and staff that are to be described in a petition for the
establishment of, or application for the renewal of a charter of, a
charter school.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 32280 of the Education Code is amended to read:
32280. (a) It is the intent of the Legislature that all
California public schools, in kindergarten, and grades 1 to 12,
inclusive, operated by school districts, in cooperation with local
law enforcement agencies, community leaders, parents, pupils,
teachers, administrators, and other persons who may be interested in
the prevention of campus crime and violence, develop a comprehensive
school safety plan that addresses the safety concerns identified
through a systematic planning process.
(b) (1) For the purposes of this article, law enforcement agencies
include local police departments, county sheriffs' offices, school
district police or security departments, probation departments, the
Attorney General, any district attorney, or any city attorney.
(2) For purposes of this article, a "safety plan" means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus.
(3) For purposes of Sections 32281 and 32282, "principal" includes
the principal's designee and "administrator in charge" includes the
designee of the administrator in charge.
SEC. 2. Section 32281 of the Education Code is amended to read:
32281. (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools , including charter schools it
has authorized, operating kindergarten or any of grades 1
to 12, inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
Section 52012, as it read prior to January 1, 2006, or Section 52852
shall write and develop a comprehensive school safety plan relevant
to the needs and resources of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the administrator in charge of a school
without a principal.
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
initial comprehensive school safety plan, and is strongly encouraged
to consult with a representative from a law enforcement agency for
the plan's review every year thereafter.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
(e) (1) When a principal, or the administrator in charge of a
school without a principal, verifies through local law enforcement
officials that a report has been filed of the occurrence of a violent
crime on the schoolsite of an elementary or secondary school at
which he or she is the principal or administrator in charge, the
principal or administrator in charge may send to each pupil's parent
or legal guardian and each school employee a written notice of the
occurrence and general nature of the crime. If the principal or
administrator in charge chooses to send the written notice, the
Legislature encourages the notice be sent no later than the end of
business on the second regular workday after the verification. If, at
the time of verification, local law enforcement officials determine
that notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, a "violent crime" means a Part 1 violent crime as
defined in paragraph (2) of subdivision (i) of Section 67381 and is
an act for which a pupil could or would be expelled pursuant to
Section 48915.
(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
SEC. 3. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency or
nongovernmental organization, including the American Red Cross, to
use school buildings, grounds, and equipment for mass care and
welfare shelters during disasters or other emergencies affecting the
public health and welfare. The district or county office shall
cooperate with the public agency or nongovernmental organization in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the administrator in charge of a school without a principal. For the
purposes of this paragraph, "gang-related apparel" shall not be
considered a protected form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by law enforcement and school employees.
(f) (1) Before adopting its initial comprehensive school safety
plan, the schoolsite council or school safety planning committee
shall hold a public meeting at the schoolsite to hear public comment
about the school safety plan.
(2) The schoolsite council or school safety planning committee
shall notify, in writing, all of the following persons and entities,
if available, of the public meeting:
(A) A representative of the local school employee organization.
(B) A representative of each parent organization registered at the
schoolsite, including the parent teacher association and parent
teacher clubs.
(C) A representative of each teacher organization at the
schoolsite.
(D) All persons who have requested to be notified.
SEC. 4. Section 32285 of the Education Code is amended to read:
32285. (a) The governing board of a school district, on behalf of
one or more schools within the district that have developed a school
safety plan, may apply to the Superintendent for a grant to
implement school safety plans. The partnership may award grants for
school safety plans that include, but are not limited to, the
following criteria:
(1) Assessment of the recent incidence of crime committed on the
school campus.
(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
(3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available
resources which will provide for implementation of the plan.
(b) The Superintendent shall award grants pursuant to this section
to school districts for the implementation of individual school
safety plans in an amount not to exceed five thousand dollars
($5,000) for each school. No grant shall be made unless the school
district makes available, for purposes of implementing the school
safety plans, an amount of funds equal to the amount of the grant.
Grants should be awarded through a competitive process, based upon
criteria including, but not limited to, the merit of the proposal and
the need for imposing school safety, based on school crime rates.
(c) Any school receiving a grant under this section shall submit
to the Superintendent verified copies of its schoolsite crime report
annually for three consecutive years following the receipt of the
grant to study the impact of the implementation of the school safety
plan on the incidence of crime on the campus of the school.
SEC. 5. Section 32286 of the Education Code is amended to read:
32286. (a) Each school shall adopt its comprehensive school
safety plan for the upcoming school year no later than the preceding
March 1, and shall review and update its plan by March 1 of each year
thereafter. A new school campus that begins offering classes to
pupils after March 1, 2001, shall adopt a comprehensive school safety
plan within one year of initiating operation, and shall review and
update its plan by March 1 every year thereafter.
(b) The principal or administrator in charge of a school without a
principal shall forward the school's comprehensive school safety
plan for the upcoming school year to the superintendent of the school
district or county office of education, or to the administrator in
charge where there is no superintendent, no later than March 31 of
each year. The school district or county office of education either
may approve the plan or may determine that the plan does not comply
with this section and return it to the school for amendment. The
principal or administrator in charge shall return an amended plan
within 60 days of the date each rejected plan is returned for
amendment.
(c) No later than July 31 of each year, the principal or
administrator in charge of a school without a principal shall
accurately report on the status of the school's safety plan for the
upcoming school year, including a description of its key elements in
the annual school accountability report card prepared pursuant to
Sections 33126 and 35256. The report shall include, but is not
limited to, whether or not a school safety plan was adopted for the
upcoming year, the date the school safety plan was adopted, the date
the adopted school safety plan was forwarded to the school district
or county office pursuant to subdivision (b), and a description of
the safety plan's elements as set forth in Section 32282.
(d) Each school principal or administrator in charge of a school
without a principal shall provide written or electronic notice to
each teacher and classified employee that the adopted school safety
plan is readily available for inspection.
SEC. 6. Section 32286.1 is added to the Education Code, to read:
32286.1. No later than October 15 of each year, each
superintendent of a school district or county office of education, or
each administrator in charge of a district or county office without
a superintendent, shall provide written notification to the
Superintendent identifying each school within the school
district or county that has not complied with Section 32281 or
subdivision (b) of Section 32286 for that school year.
SEC. 7. Section 32287.1 is added to the Education Code, to read:
32287.1. (a) No later than December 31 of each year, the
Superintendent shall publish on the department's Internet Web site
the name of each school reported pursuant to Section 32286.1.
(b) No later than 60 days after a notification pursuant to Section
32287, the Superintendent shall publish on the department's Internet
Web site the name of every school district and county office so
notified and the date of notification.
SEC. 8. Section 32288 of the Education Code is repealed.
SEC. 9. Section 32288 is added to the Education Code, to read:
32288. (a) Each principal or administrator in charge of a school
without a principal shall keep and maintain a copy of the most recent
comprehensive school safety plan for that school.
(b) Each superintendent of a school district or county office of
education, or each administrator in charge of a district or county
office without a superintendent, shall keep and maintain a copy of
the most recent comprehensive school safety plan filed pursuant to
Section 32286 and a copy of every notification made pursuant to
Section 32286.1.
(c) All books, documents, records, and other papers kept and
maintained pursuant to subdivisions (a) and (b) shall be open for
inspection and copying on business days, excluding legal holidays,
during the hours of 9 a.m. to 5 p.m., inclusive, within 48 hours of a
written, verbal, or electronic request by a law enforcement agency
described in Section 32280.
(d) Each person who knowingly violates this section is guilty of
an infraction punishable by a fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000).
SEC. 10. Section 32289 of the Education Code, as added by Section
1 of Chapter 272 of the Statutes of 2004, is repealed.
SEC. 11. Section 32289.1 is added to the
Education Code, to read:
32289.1. (a) Each principal or administrator in charge of a
school without a principal who knowingly violates Section 32286 is
guilty of an infraction punishable by a fine of not less than two
hundred fifty dollars ($250) nor more than one thousand dollars
($1,000).
(b) Each superintendent of a school district or a county office of
education, and each administrator in charge of a district or county
office without a superintendent, who knowingly violates Section
32286.1 is guilty of an infraction punishable by a fine of not less
than two hundred fifty dollars ($250) nor more than one thousand
dollars ($1,000).
(c) Before an infraction may be charged against any person for a
violation described in this section, the prosecuting agency shall
provide a written notice of correction to the person. If the person
delivers written proof of correction to the prosecuting agency within
60 days of delivery of the notice, the infraction shall not be
charged.
(d) A complaint of noncompliance with the school safety plan
requirements of Title IV of the federal No Child Left Behind Act of
2001 (20 U.S.C. Sec. 7114(d)(7)) may be filed with the department
pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.
SEC. 12. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
SEC. 11. Section 41020 of the Education
Code is amended to read:
41020. (a) It is the intent of the Legislature to encourage sound
fiscal management practices among local educational agencies for the
most efficient and effective use of public funds for the education
of children in California by strengthening fiscal accountability at
the district, county, and state levels.
(b) (1) Not later than the first day of May
1 of each fiscal year, each county superintendent of
schools shall provide for an audit of all funds under his or her
jurisdiction and control , and the governing board of each
local educational agency shall either provide for an audit of the
books and accounts of the local educational agency, including an
audit of income and expenditures by source of funds, or make
arrangements with the county superintendent of schools having
jurisdiction over the local educational agency to provide for that
auditing.
(2) A contract to perform the audit of a local educational agency
that has a disapproved budget or has received a negative
certification on any budget or interim financial report during the
current fiscal year or either of the two preceding fiscal years, or
for which the county superintendent of schools has otherwise
determined that a lack of going concern exists, is not valid unless
approved by the responsible county superintendent of schools and the
governing board.
(3) If the governing board of a local educational agency has not
provided for an audit of the books and accounts of the local
educational agency by April 1, the county superintendent of schools
having jurisdiction over the local educational agency shall provide
for the audit of each local educational agency.
(4) An audit conducted pursuant to this section shall comply fully
with the Government Auditing Standards issued by the Comptroller
General of the United States.
(5) For purposes of this section, "local educational agency" does
not include community colleges.
(c) Each audit conducted in accordance with this section shall
include all funds of the local educational agency, including the
student body and cafeteria funds and accounts and any other funds
under the control or jurisdiction of the local educational agency.
Each audit shall also include an audit of pupil attendance
procedures.
(d) All audit reports for each fiscal year shall be developed and
reported using a format established by the Controller after
consultation with the Superintendent and the Director of Finance.
(e) (1) The cost of the audits provided for by the county
superintendent of schools shall be paid from the county school
service fund , and the county superintendent of schools
shall transfer the pro rata share of the cost chargeable to each
district from district funds.
(2) The cost of the audit provided for by a governing board shall
be paid from local educational agency funds. The audit of the funds
under the jurisdiction and control of the county superintendent of
schools shall be paid from the county school service fund.
(f) (1) The audits shall be made by a certified public accountant
or a public accountant, licensed by the California Board of
Accountancy, and selected by the local educational agency, as
applicable, from a directory of certified public accountants and
public accountants deemed by the Controller as qualified to conduct
audits of local educational agencies, which shall be published by the
Controller not later than December 31 of each year.
(2) Commencing with the 2003-04 fiscal year and except as provided
in subdivision (d) of Section 41320.1, it is unlawful for a public
accounting firm to provide audit services to a local educational
agency if the lead audit partner, or coordinating audit partner,
having primary responsibility for the audit, or the audit partner
responsible for reviewing the audit, has performed audit services for
that local educational agency in each of the six previous fiscal
years. The Education Audits Appeal Panel may waive this requirement
if the panel finds that no otherwise eligible auditor is available to
perform the audit.
(3) It is the intent of the Legislature that, notwithstanding
paragraph (2), the rotation within public accounting firms conform to
provisions of the federal Sarbanes-Oxley Act of 2002 (P.L. 107-204;
15 U.S.C. Sec. 7201 et seq.), and upon release of the report required
by the act of the Comptroller General of the United States
addressing the mandatory rotation of registered public accounting
firms, the Legislature intends to reconsider the provisions of
paragraph (2). In determining which certified public accountants and
public accountants shall be included in the directory, the Controller
shall use the following criteria:
(A) The certified public accountants or public accountants shall
be in good standing as certified by the Board of Accountancy.
(B) The certified public accountants or public accountants, as a
result of a quality control review conducted by the Controller
pursuant to Section 14504.2, shall not have been found to have
conducted an audit in a manner constituting noncompliance with
subdivision (a) of Section 14503.
(g) (1) The auditor's report shall include each of the following:
(A) A statement that the audit was conducted pursuant to standards
and procedures developed in accordance with Chapter 3 (commencing
with Section 14500) of Part 9 of Division 1 of Title 1.
(B) A summary of audit exceptions and management improvement
recommendations.
(C) Each audit of a local educational agency shall
include an An evaluation by the auditor on
whether there is substantial doubt about the ability of the local
educational agency to continue as a going concern for a reasonable
period of time. This evaluation shall be based on the Statement of
Auditing Standards (SAS) No. 59, as issued by the AICPA regarding
disclosure requirements relating to the ability of the entity to
continue as a going concern.
(D) Commencing with the 2012-13 fiscal year, a summary of the
extent to which the local educational agency has complied with the
requirement that each of its schools develop a comprehensive school
safety plan pursuant to Section 32281.
(2) To the extent possible, a description of correction or plan of
correction shall be incorporated in the audit report, describing the
specific actions that are planned to be taken, or that have been
taken, to correct the problem identified by the auditor. The
descriptions of specific
actions to be taken or that have been taken shall not solely consist
of general comments such as "will implement," "accepted the
recommendation," or "will discuss at a later date."
(h) Not later than December 15, a report of each local educational
agency audit for the preceding fiscal year shall be filed with the
county superintendent of schools of the county in which the local
educational agency is located, the department, and the Controller.
The Superintendent shall make any adjustments necessary in future
apportionments of all state funds , to correct any
audit exceptions revealed by those audit reports.
(i) (1) Commencing with the 2002-03 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall be responsible
for reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to
attendance, inventory of equipment, internal control, and any
miscellaneous items, and determining whether the exceptions have been
either corrected or an acceptable plan of correction has been
developed.
(2) Commencing with the 2004-05 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall include in the
review of audit exceptions performed pursuant to this subdivision
those audit exceptions related to use of instructional materials
program funds, teacher misassignments pursuant to Section 44258.9,
and information reported on the school accountability
report card required pursuant to Section 33126 , and shall
determine whether the exceptions are either corrected or an
acceptable plan of correction has been developed.
(j) Upon submission of the final audit report to the governing
board of each local educational agency and subsequent receipt of the
audit by the county superintendent of schools having jurisdiction
over the local educational agency, the county office of education
shall do all of the following:
(1) Review audit exceptions related to attendance, inventory of
equipment, internal control, and other miscellaneous exceptions.
Attendance exceptions or issues shall include, but not be limited to,
those related to revenue limits, adult education, and independent
study.
(2) If a description of the correction or plan of correction has
not been provided as part of the audit required by this section, then
the county superintendent of schools shall notify the local
educational agency and request the governing board of the local
educational agency to provide to the county superintendent of schools
a description of the corrections or plan of correction by March 15.
(3) Review the description of correction or plan of correction and
determine its adequacy. If the description of the correction or plan
of correction is not adequate, the county superintendent of schools
shall require the local educational agency to resubmit that portion
of its response that is inadequate.
(k) Each county superintendent of schools shall certify to the
Superintendent and the Controller, not later than May 15, that his or
her staff has reviewed all audits of local educational agencies
under his or her jurisdiction for the prior fiscal year, that all
exceptions that the county superintendent was required to review were
reviewed, and that all of those exceptions, except as otherwise
noted in the certification, have been corrected by the local
educational agency or that an acceptable plan of correction has been
submitted to the county superintendent of schools. In addition, the
county superintendent shall identify, by local educational agency,
any attendance-related audit exception or exceptions involving state
funds, and require the local educational agency to which the audit
exceptions were directed to submit appropriate reporting forms for
processing by the Superintendent.
( l ) In the audit of a local educational agency for a
subsequent year, the auditor shall review the correction or plan or
plans of correction submitted by the local educational agency to
determine if the exceptions have been resolved. If not, the auditor
shall immediately notify the appropriate county office of education
and the department and restate the exception in the audit report.
After receiving that notification, the department shall either
consult with the local educational agency to resolve the exception or
require the county superintendent of schools to follow up with the
local educational agency.
(m) (1) The Superintendent shall be responsible for ensuring that
local educational agencies have either corrected or developed plans
of correction for any one or more of the following:
(A) All federal and state compliance audit exceptions identified
in the audit.
(B) Any exceptions that the county superintendent certifies as of
May 15 have not been corrected.
(C) Any repeat audit exceptions that are not assigned to a county
superintendent to correct.
(2) In addition, the Superintendent shall be responsible for
ensuring that county superintendents of schools and each county board
of education that serves as the governing board of a local
educational agency either correct all audit exceptions identified in
the audits of county superintendents of schools and of the local
educational agencies for which the county boards of education serve
as the governing boards or develop acceptable plans of correction for
those exceptions.
(3) The Superintendent shall report annually to the Controller on
his or her actions to ensure that school districts, county
superintendents of schools, and each county board of education that
serves as the governing board of a school district have either
corrected or developed plans of correction for any of the exceptions
noted pursuant to paragraph (1).
(n) To facilitate correction of the exceptions identified by the
audits issued pursuant to this section, commencing with 2002-03
audits pursuant to this section, the Controller shall require
auditors to categorize audit exceptions in each audit report in a
manner that will make it clear to both the county superintendent of
schools and the Superintendent which exceptions they are responsible
for ensuring the correction of by a local educational agency. In
addition, the Controller annually shall select a sampling of county
superintendents of schools and ,
perform a followup of the audit resolution process of those county
superintendents of schools , and report the results of
that followup to the Superintendent and the county superintendents of
schools that were reviewed.
(o) County superintendents of schools shall adjust subsequent
local property tax requirements to correct audit exceptions relating
to local educational agency tax rates and tax revenues.
(p) If a governing board or county superintendent of schools fails
or is unable to make satisfactory arrangements for the audit
pursuant to this section, the Controller shall make arrangements for
the audit , and the cost of the audit shall be paid from
local educational agency funds or the county school service fund, as
the case may be.
(q) Audits of regional occupational centers and programs are
subject to the provisions of this section.
(r) This section does not authorize examination of, or reports on,
the curriculum used or provided for in any local educational agency.
(s) Notwithstanding any other provision of law, a nonauditing,
management, or other consulting service to be provided to a local
educational agency by a certified public accounting firm while the
certified public accounting firm is performing an audit of the agency
pursuant to this section must shall be
in accord with Government Accounting Standards, Amendment No. 3, as
published by the United States General Accounting Office.
SEC. 12. Section 41338.5 is added to the
Education Code , to read:
41338.5. (a) Notwithstanding any other law, the Superintendent
shall withhold the next principal apportionment from a local
educational agency if either of the following occurs:
(1) The Superintendent receives an audit report, pursuant to
Section 41020, that finds that the local educational agency has not
substantially complied with the requirement that each of its schools
develop a comprehensive school safety plan pursuant to Section 32281.
(2) The Superintendent finds that a superintendent of a school
district or county office of education, or an administrator in charge
of a district or county office without a superintendent, has
violated Section 32286.1 by failing to provide written notification
to the Superintendent identifying each school within the district or
county that has not complied with Section 32281 or subdivision (b) of
Section 32286 for that school year.
(b) The Superintendent shall apportion any funds withheld pursuant
to this section to the affected local educational agency only after
the Superintendent determines that the noncompliance or violation
that caused the funds to be withheld has been corrected.
SEC. 13. 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, as
long as each location is identified in the charter school petition.
The petition may be submitted to the governing board of the school
district for review after either of the following conditions
are is met:
(A) The petition has been 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
school for its first year of operation.
(B) The petition has been 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.
(2) A petition that proposes to convert an existing public school
to a charter school that would not be eligible for a loan pursuant to
subdivision (b) 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 has been 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 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 exist
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 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 district, other employees of the 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) A description of the educational program of the school,
designed, among other things, to identify those whom the 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) If the proposed school will serve high school pupils, a
description of the manner in which the charter school will inform
parents about the transferability of courses to other public high
schools and the eligibility of courses to meet college entrance
requirements. Courses offered by the charter school that are
accredited by the Western Association of Schools and Colleges may be
considered transferable and courses approved by the University of
California or the California State University as creditable under the
"A" to "G" admissions criteria may be considered to meet college
entrance requirements.
(B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
(D) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
(E) The qualifications to be met by individuals to be employed by
the school.
(F) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall include
the both of the following:
(i) A requirement that each
employee of the school furnish the school with a criminal record
summary as described in Section 44237.
(ii) The development of a school safety plan, which includes the
elements outlined in subparagraphs (A) to (I), inclusive, of
paragraph (2) of subdivision (a) of Section 32282, that is annually
reviewed by the school and updated as necessary.
(G) The means by which the school will achieve a racial and ethnic
balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.
(H) Admission requirements, if applicable.
(I) The manner in which annual, independent financial audits shall
be conducted, which shall employ generally accepted accounting
principles, and the manner in which audit exceptions and deficiencies
shall be resolved to the satisfaction of the chartering authority.
(J) The procedures by which pupils can be suspended or expelled.
(K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
(L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.
(M) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.
(N) The procedures to be followed by the charter school and the
entity granting the charter to resolve disputes relating to
provisions of the charter.
(O) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code.
(P) A description of the procedures to be used if the charter
school closes. The procedures shall ensure a final audit of the
school to determine the disposition of all assets and liabilities of
the charter school, including plans for disposing of any net assets
and for the maintenance and transfer of pupil records.
(c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Sections 60605 and
60851 and any other statewide standards authorized in statute or
pupil assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall, on a regular basis, consult with their
parents, legal guardians, and teachers regarding the 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 any
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 school.
(B) However, 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
district except as provided for in Section 47614.5. Other preferences
may be permitted by the chartering authority on an individual school
basis and only if consistent with the law.
(C) In the event of a drawing, the chartering authority shall make
reasonable efforts to accommodate the growth of the charter school
and in no event shall take any action to impede the charter school
from expanding enrollment to meet pupil demand.
(3) If a pupil is expelled or leaves the charter school without
graduating or completing the school year for any reason, the charter
school shall notify the superintendent of the school district of the
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 any
employee of the school district to be employed in a charter school.
(f) The governing board of a school district shall not require any
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 school, including,
but not limited to, the facilities to be utilized by the school, the
manner in which administrative services of the school are to be
provided, and potential civil liability effects, if any, upon the
school and upon the school district. The description of the
facilities to be used by the charter school shall specify where the
school intends to locate. 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.
(h) In reviewing petitions for the establishment of charter
schools within the school district, the governing board of the school
district shall give preference to petitions that demonstrate the
capability to provide comprehensive learning experiences to pupils
identified by the petitioner or petitioners as academically low
achieving pursuant to the standards established by the department
under Section 54032 , as it read prior to 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, thereafter, 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 has been granted its charter through an appeal to the state
board and elects to seek renewal of its charter shall, prior to
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
school's petition for renewal, the school may petition the state
board for renewal of its charter.
( l ) Teachers in charter schools shall hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and are subject to periodic inspection by
the chartering authority. It is the intent of the Legislature that
charter schools be given flexibility with regard to noncore,
noncollege preparatory courses.
(m) A charter school shall transmit a copy of its annual,
independent financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b), to
its chartering entity, the Controller, the county superintendent of
schools of the county in which the charter school is sited, unless
the county board of education of the county in which the charter
school is sited is the chartering entity, and the department by
December 15 of each year. This subdivision does not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.
SEC. 14. 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.
