Bill Text: CA AB2032 | 2011-2012 | Regular Session | Amended
Bill Title: Charter schools: suspension and expulsion of pupils.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2032 Detail]
Download: California-2011-AB2032-Amended.html
BILL NUMBER: AB 2032 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2012
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 23, 2012
An act to amend Sections 47610 and 48925
Section 47605 of the Education Code, relating to charter
schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 2032, as amended, Mendoza. Charter schools: suspension and
expulsion of pupils.
(1) The Charter Schools Act of 1992 permits teachers and parents
to petition the governing board of a school district to approve a
charter school to operate independently from the existing school
district structure as a method of accomplishing, among other things,
improved pupil learning. Existing law exempts charter schools from
the laws governing school districts except those of the Charter
Schools Act, those establishing minimum age for public school
attendance, specified building code regulations, and other specified
laws. Existing law requires a charter school to comply with its
charter. Existing law requires a charter school petition to
include a description of the procedures by which pupils can be
suspended or expelled.
Existing law enumerates the acts for which a pupil may be
suspended or expelled from a noncharter public school and
sets forth procedures a school district is required to follow in
suspending or expelling a pupil.
This bill would require a charter school to comply with
laws governing school districts relating to the suspension and
expulsion of pupils, thereby imposing a state-mandated local program
petition to include in the description of the
suspension and expulsion procedures specified information regarding
those procedures, a list of acts which, if committed by a charter
school pupil, would require or allow the school to suspend
the pupil, and a list of acts which, if committed by a charter
school pupil, would require or allow the school to expel the pupil
.
Existing law requires a charter school to notify the
superintendent of the school district of a pupil's last known address
within 30 days of a of a pupil's expulsion or within 30 days of when
a pupil leaves the charter school without graduating or completing
the school year for any reason and, upon request, to provide the
school district with a copy of the pupil's cumulative record.
This bill would impose a state-mandated local program by requiring
the charter school to provide the notification described above
within 10 days, to provide the cumulative record without request, and
to include the reason for the pupil's departure.
(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, 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 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 met:
(A) The petition has been is signed
by a number of parents or legal guardians of pupils that is
equivalent to at least one-half of the number of pupils that the
charter school estimates will enroll in the school for its first year
of operation.
(B) The petition has been is signed
by a number of teachers that is equivalent to at least one-half of
the number of teachers that the charter school estimates will be
employed at the school during its first year of operation.
(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 is signed
by not less than 50 percent of the permanent status teachers
currently employed at the public school to be converted.
(3) A petition shall include a prominent statement that a
signature on the petition means that the parent or legal guardian is
meaningfully interested in having his or her child or ward attend the
charter school, or in the case of a teacher's signature, means that
the teacher is meaningfully interested in teaching at the charter
school. The proposed charter shall be attached to the petition.
(4) After receiving approval of its petition, a charter school
that proposes to establish operations at one or more additional sites
shall request a material revision to its charter and shall notify
the authority that granted its charter of those additional locations.
The authority that granted its charter shall consider whether to
approve those additional locations at an open, public meeting. If the
additional locations are approved, they 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:
(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 petition. The 60-day
period may be extended by an additional 30 days if
both parties the governing board and the
proponents of the petition 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
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 requirement that each employee of the school furnish the school
with a criminal record summary as described in Section 44237.
(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. expelled, which, at a minimum, shall do all
of the following:
(i) Identify a list of acts for which a pupil enrolled in the
charter school must be suspended or expelled because suspension or
expulsion is not discretionary and a list of acts for which a pupil
may be suspended or expelled because suspension or expulsion is
discretionary, and provide evidence that acts for which a pupil must
or may be suspended or expelled in noncharter public schools has been
reviewed.
(ii) Identify suspension and expulsion procedures, including the
maximum length of time for which a pupil may be suspended.
(iii) Identify the procedures, including timeframes, by which
parents, legal guardians, and pupils will be informed about the
reasons for the suspension or expulsion and will be informed of their
due process rights, which shall include the right to a hearing and
the right of parents and legal guardians to view evidence and
interview witnesses. The procedures also shall accommodate the right
of pupils with disabilities, consistent with federal laws.
(iv) Identify the process by which the procedures will be
periodically reviewed.
(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,
shall 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 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 10
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 , and the reason for the pupil's
departure . 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
before July 19, 2006.
(i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition, to
the applicable county superintendent of schools, the department, and
the state board.
(j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to the county board of education.
The county board of education shall review the petition pursuant to
subdivision (b). If the petitioner elects to submit a petition for
establishment of a charter school to the county board of education
and the county board of education denies the petition, the petitioner
may file a petition for establishment of a charter school with the
state board, and the state board may approve the petition, in
accordance with subdivision (b). A charter school that receives
approval of its petition from a county board of education or from the
state board on appeal shall be subject to the same requirements
concerning geographic location to which it would otherwise be subject
if it received approval from the entity to which it originally
submitted its petition. A charter petition that is submitted to
either a county board of education or to the state board shall meet
all otherwise applicable petition requirements, including the
identification of the proposed site or sites where the charter school
will operate.
(2) In assuming its role as a chartering agency, the state board
shall develop criteria to be used for the review and approval of
charter school petitions presented to the state board. The criteria
shall address all elements required for charter approval, as
identified in subdivision (b) , and shall define
"reasonably comprehensive" as used in paragraph (5) of subdivision
(b) in a way that is consistent with the intent of this part. Upon
satisfactory completion of the criteria, the state board shall adopt
the criteria on or before June 30, 2001.
(3) A charter school for which a charter is granted by either the
county board of education or the state board based on an appeal
pursuant to this subdivision shall qualify fully as a charter school
for all funding and other purposes of this part.
(4) If either the county board of education or the state board
fails to act on a petition within 120 days of receipt, the decision
of the governing board of the school district to deny a petition
shall, 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, may designate its supervisorial and oversight
responsibilities for a charter school approved by the state
board it approves 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 before expiration of
the charter, submit its petition for renewal to the governing board
of the school district that initially denied the charter. If the
governing board of the school district denies the 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. 2. 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.
SECTION 1. Section 47610 of the Education Code
is amended to read:
47610. A charter school shall comply with this part and all of
the provisions set forth in its charter, but is otherwise exempt from
the laws governing school districts, except all of the following:
(a) All laws establishing minimum age for public school
attendance.
(b) The California Building Standards Code (Part 2 (commencing
with Section 101) of Title 24 of the California Code of Regulations),
as adopted and enforced by the local building enforcement agency
with jurisdiction over the area in which the charter school is
located. Charter school facilities shall comply with this subdivision
by January 1, 2007.
(c) Sections 41365 and 47611 and Article 1 (commencing with
Section 48900) of Chapter 6 of Part 27.
SEC. 2. Section 48925 of the Education Code is
amended to read:
48925. As used in this article:
(a) "Day" means a calendar day unless otherwise specifically
provided.
(b) "Expulsion" means removal of a pupil from (1) the immediate
supervision and control, or (2) the general supervision, of school
personnel, as those terms are used in Section 46300.
(c) "Governing board" means the governing board of a school
district or the governing body of a charter school.
(d) "Principal" means the principal of the school or the site
administrator of a charter school.
(e) "Pupil" includes a pupil's parent or guardian or legal
counsel.
(f) "School" includes a charter school.
(g) "Schoolday" means a day upon which the schools of the district
are in session or weekdays during the summer recess.
(h) "Suspension" means removal of a pupil from ongoing instruction
for adjustment purposes. However, "suspension" does not mean any of
the following:
(1) Reassignment to another education program or class at the same
school where the pupil will receive continuing instruction for the
length of day prescribed by the governing board for pupils of the
same grade level.
(2) Referral to a certificated employee designated by the
principal to advise pupils.
(3) Removal from the class, but without reassignment to another
class or program, for the remainder of the class period without
sending the pupil to the principal or the principal's designee as
provided in Section 48910. Removal from a particular class shall not
occur more than once every five schooldays.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
