Bill Text: CA AB1576 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charter schools: loans.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-07-12 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1576 Detail]

Download: California-2011-AB1576-Introduced.html

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BILL NUMBER: AB 1576	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber
   (Coauthor: Assembly Member Beth Gaines)
   (Coauthor: Senator Gaines)

                        FEBRUARY 2, 2012

   An act to amend Sections 1042 and 47603 of the Education Code,
relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1576, as introduced, Huber. Charter schools: loans.
   Existing law authorizes a county superintendent of schools, with
the approval of the county board of education, to temporaliry
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 input from the chartering authority and the county office
of education 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.
   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. 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.