Bill Text: CA AB1316 | 2021-2022 | Regular Session | Amended
Bill Title: School accountability: financial and performance audits: charter schools: contracts.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2022-02-01 - Died on inactive file. [AB1316 Detail]
Download: California-2021-AB1316-Amended.html
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
May 04, 2021 |
Amended
IN
Assembly
April 14, 2021 |
Introduced by Assembly Members O’Donnell, Cristina Garcia, and McCarty (Coauthors: Assembly Members Kalra and Lee) |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5027 of the Business and Professions Code is amended to read:5027.
(a) The board shall by regulation prescribe, amend, or repeal rules including, but not necessarily limited to, all of the following:SEC. 2.
Section 5029 of the Business and Professions Code is amended to read:5029.
The board may establish an advisory continuing education committee of nine members, six of whom shall be certified public accountants, two of whom shall be board members, one of whom is a public member of the board, and one of whom shall be a public accountant, to perform any of the following duties:SEC. 3.
Section 14500 of the Education Code is amended to read:14500.
It is the intent of the Legislature in enacting this chapter to promote accountability over public educational funding by establishing a new program to review and report on financial and compliance audits of school districts, county offices of education, and charter schools. It is further the intent of the Legislature that the Controller shall have the primary responsibility for implementing and overseeing the program.SEC. 4.
Section 14502.1 of the Education Code is amended to read:14502.1.
(a) The Controller, in consultation with the Department of Finance and the State Department of Education, shall develop a plan to review and report on financial and compliance audits. The plan shall commence with the 2003–04 fiscal year for audits of school districts, other local educational agencies, and the offices of county superintendents of schools. The Controller, in consultation with the Department of Finance, the State Department of Education, and representatives of the California School Boards Association, the California Association of School Business Officials, the California County Superintendents Educational Service Association, the California Teachers Association, and the California Society of Certified Public Accountants, shall recommend the statements and other information to be included in the audit reports filed with the state, and shall propose the content of an audit guide to carry out the purposes of this chapter. A supplement to the audit guide may be suggested in the audit year, following the above process, to address issues resulting from new legislation in that year that changes the conditions of apportionment. The proposed content of the audit guide and any supplement to the audit guide shall be submitted by the Controller to the Education Audits Appeal Panel for review and possible amendment.SEC. 5.
Section 17604 of the Education Code is amended to read:17604.
(a) Wherever in this code the power to contract is invested in the governing board of the school district, the governing body of a charter school, or any member thereof, the power may, by a majority vote of the governing board or body, be delegated to its district superintendent or charter school administrator, or to any persons that the district superintendent or charter school administrator may designate, or if there is no district superintendent or charter school administrator, then to any other officer or employee of the district or charter school that the governing board or body may designate. The delegation of power may be limited as to time, money, or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board or body may direct. However, no contract made pursuant to the delegation and authorization shall be valid or constitute an enforceable obligation against the school district or charter school unless and until the same shall have been approved or ratified by the governing board or body, the approval or ratification to be evidenced by a motion of the governing board or body duly passed and adopted.SEC. 6.
Section 17605 of the Education Code is amended to read:17605.
(a) The governing board or body, by majority vote, may adopt a rule, delegating to any officer or employee of the school district or charter school as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No rule shall authorize any officer or employee to make any purchases involving an expenditure by the school district or charter school in excess of the amount specified by Section 20111 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board or governing body every 60 days.SEC. 7.
Section 33309.5 is added to the Education Code, to read:33309.5.
(a) The Office of the Inspector General is hereby established in the department. The Inspector General shall be appointed by the Governor, subject to confirmation by a majority of the membership of the Senate, without regard to political affiliation, and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Superintendent. The Superintendent shall not prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.SEC. 8.
Section 37670 of the Education Code is amended to read:37670.
(a) Beginning in the 2022–23 school year, a schoolSEC. 9.
Section 37670.1 is added to the Education Code, to read:37670.1.
The state board may waive the requirements of subdivision (a) of Section 37670 and subdivision (e) of Section 47612 if a schoolSEC. 10.
Section 41020.4 is added to the Education Code, to read:41020.4.
(a) Commencing with the 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions necessary to require, at a minimum, all of the following supplemental information and schedules in audit report components for an audit of a charter school:(1)All charter schools are audited, irrespective of the type of organizational entity.
(2)Auditor transaction
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(d)Commencing with the 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate, but is not necessarily limited to, all of the requirements and instructions contained in the Controller’s Desk Review Checklist for K–12 local educational agencies.
SEC. 11.
Section 41020.5 of the Education Code is amended to read:41020.5.
(a) (1) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Sections 41020 and 47604.2 were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as required by Section 14504, the Controller or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy.SEC. 12.
Section 41020.6 is added to the Education Code, to read:41020.6.
(a) The Legislature finds and declares all of the following:SEC. 13.
Section 41020.7 is added to the Education Code, to read:41020.7.
(a) The Legislature finds and declares both of the following:SEC. 14.
Section 44258.9 of the Education Code is amended to read:44258.9.
(a) (1) The Legislature finds and declares that continued monitoring of teacher assignments by county superintendents of schools will help ensure that local educational agencies meet the reporting requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of teacher misassignments remains low. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e).The governing board of each school district and the governing body of each charter school shall, subject to the provisions of this chapter, fix the length of the schoolday for the several grades and classes of the schools maintained by the district or charter school.
SEC. 15.
Section 46101 is added to the Education Code, immediately following Section 46100, to read:46101.
The state board may adopt regulations as it deems appropriate and consistent with this part. Upon theNo pupil in a kindergarten or in any grade of an elementary school operated by a school district or charter school shall be credited with more than one day of attendance in any calendar day and nothing in this article shall be construed to the contrary.
The minimum schoolday in grades 1, 2, and 3 in elementary schools operated by a school district or charter school, except in opportunity schools, classes, or programs, is 230 minutes, except where the governing board of a school district or governing body of a charter school has prescribed a shorter length for the schoolday because of lack of school facilities which requires double sessions, in which case the minimum schoolday in such grades shall be 200 minutes.
The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools operated by a school district or charter school, and in special day and evening classes of an elementary school district, except in opportunity schools, classes, or programs, is 240 minutes.
(a)The minimum schoolday in grades 1, 2, and 3 in elementary schools operated by a school district or charter school may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 230 or more, the pupils shall be deemed to have complied with Section 46112, even if the number of minutes attended in any one schoolday is less than 230, but not less than 170.
(b)The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools operated by a school district or charter school may be computed by determining the number of minutes of attendance
in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46113, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180.
(c)The minimum schoolday in kindergarten in elementary schools operated by a school district or charter school may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 180 or more, pupils shall be deemed to have complied with Section 46117, even if the number of minutes attended in any one schoolday is less than 180, but not less than 60.
(d)No computation authorized by this section shall result in any
increase in state apportionments.
The minimum schoolday for pupils in kindergartens operated by a school district or charter school is 180 minutes inclusive of recesses, and no units of average daily attendance shall be credited for attendance in kindergarten classes if the minimum schoolday of those classes is less than 180 minutes.
The minimum schoolday in a high school operated by a school district or charter school is 240 minutes, except in an evening high school, an early college high school, a middle college high school, a regional occupational center, an opportunity school and in opportunity classes, a continuation high school, in continuation education classes, in late afternoon or Saturday occupationally organized vocational training programs conducted under a federally approved plan for vocational education, and for pupils enrolled in a work experience education program approved under Article 7 (commencing with Section 51760) of Chapter 5 of Part 28.
(a)The minimum schoolday in any junior high school or high school operated by a school district or charter school described in Section 46141 may be computed by determining the number of minutes of attendance in any two consecutive schooldays and dividing that number by two. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46141, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180.
(b)No computation authorized by this section shall result in any increase in state apportionments.
SEC. 23.SEC. 16.
Section 46306 is added to the Education Code, to read:46306.
(a) The department, in consultation with the County Office Fiscal Crisis and Management Assistance Team, shall provide a report to the Legislature detailing the business and alternatives analysis of integrating the California Longitudinal Pupil Achievement Data System (CALPADS) and the average daily attendance apportionment data system for purposes of monitoring statewide average daily attendance by unique pupil identifier.Attendance of individuals with exceptional needs in a school district or charter school, identified pursuant to Chapter 4 (commencing with Section 56300) of Part 30, enrolled in a special day class or given instruction individually or in a home, hospital, or licensed children’s institution who attend school for either the same number of minutes that constitutes a minimum schoolday pursuant to Chapter 2 (commencing with Section 46100), or for the number of minutes of attendance specified in that pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30, whichever is less, shall constitute a day of attendance.
SEC. 25.SEC. 17.
Section 47604.2 is added to the Education Code, to read:47604.2.
(a) The Legislature finds and declares all of the following:SEC. 26.SEC. 18.
Section 47604.32 of the Education Code is amended to read:47604.32.
(a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority:SEC. 27.SEC. 19.
Section 47604.35 is added to the Education Code, immediately following Section 47604.33, to read:47604.35.
(a) To ensure consistency in financial reporting, and promote transparency and accountability of all local educational agencies, the state board, in consultation with the Superintendent, shall revise regulations to require that charter schools report periodic and annual financial data in the same manner and on the same form prescribed for school districts.SEC. 28.SEC. 20.
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:SEC. 29.SEC. 21.
Section 47605.6 of the Education Code is amended to read:47605.6.
(a) (1) In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met:SEC. 30.SEC. 22.
Section 47605.8 is added to the Education Code, to read:47605.8.
The state board shall appoint an advisory committee on charter schools. The advisory committee shall include, but shall not necessarily be limited to, representatives from school district superintendents, charter schools, teachers, parents, members of the governing boards of school districts, county superintendents of schools, and the Superintendent.SEC. 31.SEC. 23.
Section 47605.10 is added to the Education Code, immediately following Section 47605.9, to read:47605.10.
(a) Notwithstanding any other law, a school district shall be limited in the size of the totality of the nonclassroom-based charter schools that it may authorize based on the following:SEC. 32.SEC. 24.
Section 47609 is added to the Education Code, to read:47609.
(a) The Legislature finds and declares all of the following:SEC. 33.SEC. 25.
Section 47612 of the Education Code is amended to read:47612.
(a) A charter school shall be deemed to be under the exclusive control of the officers of the public schools for purposes of Section 8 of Article IX of the California Constitution, with regard to the appropriation of public moneys to be apportioned to any charter school, including, but not necessarily limited to, appropriations made for purposes of this chapter.SEC. 34.SEC. 26.
Section 47612.5 of the Education Code is amended to read:47612.5.
(a) Notwithstanding any other law and as a condition of apportionment, a charter school shall do all of the following:SEC. 35.SEC. 27.
Section 47613 of the Education Code is amended to read:47613.
(a) (1) For the 2021–22 fiscal year, 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.SEC. 36.SEC. 28.
Section 47613.3 is added to the Education Code, to read:47613.3.
(a) A charter school shall comply with all of the following:(C)Any persons employed by a vendor who are responsible for the direct services to pupils in order to meet instructional time requirements as referenced in this paragraph, shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for their assignment consistent with the requirements for teachers in a charter school pursuant to subdivision (l) of Section 47605, Section 47605.4, and subdivision (l) of Section 47605.6.
(D)Notwithstanding subparagraph (C), direct services to pupils provided pursuant to an individualized educational program may be conducted by personnel employed by a vendor who are appropriately
licensed or credentialed for their assignments.
SEC. 37.SEC. 29.
Section 47634.2 of the Education Code is amended to read:47634.2.
(a) (1) Notwithstanding any other law, beginning July 1, 2022, the amount of funding to be allocated to a charter school on the basis of average daily attendance that is generated by pupils engaged in nonclassroom-based instruction, as defined by paragraph (2) of subdivision (e) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Section 42238.02, as modified by Section 42238.03, shall be adjusted by the Superintendent as follows:SEC. 38.SEC. 30.
Section 51745 of the Education Code is amended to read:51745.
(a) The governing board of a school district, a county office of education, or a charter school may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. Educational opportunities offered through independent study may include, but shall not be limited to, the following:SEC. 39.SEC. 31.
Section 51745.6 of the Education Code is amended to read:51745.6.
(a) The ratio of average daily attendance for independent study pupils 18 years of age or less to school district, county office of education, or charter school full-time equivalent certificated employees responsible for independent study, calculated as specified by the department, shall comply with one of the following:SEC. 40.SEC. 32.
Section 51747 of the Education Code is amended to read:51747.
A school district, county office of education, or charter school shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, and has implemented those policies, pursuant to rules and regulations adopted by the Superintendent, that include, but are not limited to, all of the following:(B)
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SEC. 41.SEC. 33.
Section 51747.3 of the Education Code is amended to read:51747.3.
(a) Notwithstanding any other law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the local educational agency has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that the local educational agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to the pupil’s parent or guardian.(c)
(d)