Bill Text: CA AB1070 | 2011-2012 | Regular Session | Amended
Bill Title: Charter schools: loans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1070 Detail]
Download: California-2011-AB1070-Amended.html
BILL NUMBER: AB 1070 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Huber
FEBRUARY 18, 2011
An act to amend Section 48070.6 of the Education Code,
relating to pupil retention. An act to amend Sections
1042 and 47603 of the Education Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1070, as amended, Huber. Pupil retention.
Charter schools: loans.
Existing law authorizes a county superintendent of schools, with
the approval of the county board of education, to temporarily
transfer moneys to a school district under specified circumstances.
The Charter Schools Act of 1992 authorizes any one or more persons
to submit a petition to the governing board of a school district to
establish a charter school that operates independently from the
existing school district structure as a method of accomplishing
specified goals.
This bill would authorize a county board of education to loan
moneys to a charter school for which the county board of education or
the county superintendent of schools has a supervisory
responsibility or, regardless of whether the charter school is within
or outside of the county, with which a county board of education or
county superintendent of schools has a contractual relationship. The
bill would require the county superintendent of schools, before
making the loan, to advise the chartering authority of the charter
school and the county office of education in which the charter school
is located that the charter school is requesting the loan and to
allow for their input regarding the advisability of making the loan,
and would require the county superintendent of schools to solicit a
recommendation from bond counsel about the advisability of making the
loan. The bill would provide that any loan of moneys pursuant to
these provisions would not constitute a debt or liability for the
county superintendent of schools, the county board of education, or
the State of California.
The bill also would make technical and conforming changes.
Existing law, commencing on or before August 1, 2011, and annually
thereafter, requires the Superintendent of Pubic Instruction,
utilizing data produced by the California Longitudinal Pupil
Achievement Data System, to submit the Annual Report on Dropouts in
California to specified persons, as specified.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1042 of the
Education Code is amended to read:
1042. County boards of education may do all of the following
:
(a) Adopt rules and regulations governing the administration of
the office of the county superintendent of schools.
(b) Review the county superintendent of schools annual itemized
estimate of anticipated revenue and expenditures before the annual
itemized estimate is filed with the auditor as required by Section
29040 of the Government Code, and make any revisions, reductions, or
additions therein it deems advisable and proper. No itemized estimate
shall be filed by the county superintendent of schools or be
approved by the board of supervisors until it has first been so
reviewed and approved by the county board of education.
(c) In the name by which the board of education is designated,
acquire, lease, lease-purchase, hold , and convey real
property for the purpose of housing the offices and the services of
the county superintendent of schools, except that this subdivision
shall only apply to the county boards of education to which all or a
portion of the duties and functions of the county board of
supervisors specified in subdivision (b) of Section 1080 have been
transferred, with the exception of the recreational duties and
recreational functions specified in subdivisions (c) and (e)
(d) of Section 1080.
(d) Contract with and employ any persons for the furnishing to the
board of special services and advice in financial, economic,
accounting, engineering, legal, or administrative matters ,
if these persons are specially trained and experienced and
competent to perform the special services required. The board may pay
to these persons from any available funds such
the compensation to these persons as
that it deems proper for the services rendered.
(e) (1) Notwithstanding Section 25304 of the
Government Code, fill by appointment any vacancy that occurs during
the term of office of the county superintendent of schools. In
any a county in which the superintendent
is elected, the appointee shall hold office until the office is
filled by election at the next gubernatorial election.
The
(2) The authority described in
this subdivision shall be vested in a county board of education only
upon its adoption by the board at a public meeting held pursuant to
Article 1 (commencing with Section 1000) of Chapter 1 of
Part 2 .
(f) (1) Use and expend moneys to make loans to a charter school
for which the county board of education or the county superintendent
of schools has a supervisory responsibility or, regardless of whether
the charter school is within or outside of the county, with which
the county board of education or the county superintendent of schools
has a contractual relationship pursuant to subdivision (b) of
Section 47603. The loan of moneys borrowed by the county board of
education for the purpose of making a loan to a charter school shall
be payable solely from the funds of the charter school and shall not
constitute a debt or liability of the county board of education or
the county superintendent of schools, notwithstanding the provisions
of Section 53857 of the Government Code, or any other law.
(2) The State of California is not liable for any debt or
liability within the meaning of Section 1 of Article XVI of the
California Constitution, or otherwise, for loans made pursuant to
this subdivision.
(3) Before the county board of education makes a loan pursuant to
this subdivision, the county superintendent of schools shall advise
the chartering authority of the charter school and the county office
of education in which the charter school is primarily located that
the charter school has requested the loan and shall allow the
chartering authority and county office of education to provide input
regarding the advisability of making the loan. The county
superintendent of schools also shall solicit a recommendation from
bond counsel about the advisability of making the loan.
SEC. 2. Section 47603 of the Education
Code is amended to read:
47603. (a) This part shall not be construed
to prohibit any private person or organization from providing
funding or other assistance to the establishment or operation of a
charter school.
(b) A charter school may contract with a county superintendent of
schools or a county board of education for the purposes of borrowing
moneys pursuant to subdivision (f) of Section 1042.
SECTION 1. Section 48070.6 of the Education
Code is amended to read:
48070.6. (a) On or before August 1, 2011, and annually
thereafter, utilizing data produced by the California Longitudinal
Pupil Achievement Data System pursuant to Section 60900 and other
available data, the Superintendent shall submit a report to the
Governor, the Legislature, and the state board, that shall be called
the Annual Report on Dropouts in California. The report shall
include, but not be limited to, all of the following:
(1) One-year dropout rates for each of grades 7 to 12, inclusive.
(2) Four-year cohort dropout rates for grades 9 to 12, inclusive.
(3) Two- or three-year cohort dropout rates, as appropriate, for
middle schools.
(4) Grade 9 to grade 10 promotion rates.
(5) Percentage of high school pupils for each of grades 9 to 12,
inclusive, who are on track to earn sufficient credits to graduate.
(6) The average number of nonpromotional school moves that pupils
make between grades 6 to 12, inclusive.
(7) "Full-year" dropout rates for alternative schools, including
dropout recovery high schools, calculated using a methodology
developed by the Superintendent to appropriately reflect dropout
rates in each type of alternative school.
(8) An explanation of the methodology or methodologies used to
calculate "full-year" dropout rates for alternative schools pursuant
to paragraph (7).
(9) Passage rates on the high school exit examination adopted
pursuant to subdivision (a) of Section 60850.
(10) Other available data relating to dropout or graduation rates
or pupil progress toward high school graduation.
(b) When cohort dropout rates can be calculated accurately using
longitudinal data, the rates described in paragraph (3) of
subdivision (a) shall be replaced by dropout rates for cohorts of
pupils entering middle school.
(c) When data is available, the report shall also include all of
the following:
(1) Rates at which pupils graduate in four, five, and six years,
pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of
Section 52052.
(2) Percentage of high school graduates and dropouts who completed
courses that are certified by the University of California as
meeting admission requirement criteria for the University of
California and California State University systems.
(3) Percentage of high school graduates and dropouts who completed
two or more classes in career technical education.
(4) Percentage of high school graduates and dropouts who completed
both course sequences described in paragraphs (2) and (3).
(5) Behavioral data by school and district, including suspensions
and expulsions.
(6) Truancy rates.
(7) GED earning rates.
(8) Chronic absentee rates, as defined in Section 60901.
(d) If possible, the data listed in subdivisions (a) and (b) shall
be presented in the report, organized as follows:
(1) By state.
(2) By county.
(3) By district, both including and excluding charter schools.
(4) By school.
(e) The report shall include data from alternative middle and high
schools, including continuation high schools, community day schools,
juvenile court schools, special schools, opportunity schools, and
schools attended by wards of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice.
(f) The report may include relevant data on school climate and
pupil engagement from the California Healthy Kids Survey.
(g) If possible, the data listed in subdivisions (a) and (b) shall
be presented for the following subgroups, if the subgroup consists
of at least 50 pupils, and the subgroup constitutes at least 15
percent of the total population of pupils at a school:
(1) Grade level.
(2) Ethnicity.
(3) Gender.
(4) Low socioeconomic status.
(5) English learners.
(6) Special education status.
(h) The first Annual Report on Dropouts in California shall
include data from the most recent year. Subsequent annual reports
shall include data from the most recent year and, at a minimum, the
two prior years, so that comparisons can be made easily.
(i) The Superintendent or his or her designee shall make an oral
presentation of the contents of the report to the state board at a
regularly scheduled meeting of the board.
(j) The Superintendent shall make the contents of the report
available on the department's Internet Web site in a format that is
easy for the public to access and understand.
(k) If inclusion of school-level data would render the written
report unwieldy, the data may be omitted from the written report and
posted on the department's Internet Web site.
(l) It is the intent of the Legislature that the report prepared
by the Superintendent be usable by schools, districts, policymakers,
researchers, parents, and the public, for purposes of identifying and
understanding trends, causal relations, early warning indicators,
and potential points of intervention to address the high rate of
dropouts in California.
(m) For purposes of this section, dropouts shall be defined using
the exit/withdrawal codes developed by the department.
(n) For purposes of this section, "dropout recovery high school"
has the same meaning as defined in subparagraph (D) of paragraph (4)
of subdivision (a) of Section 52052.
