Bill Text: CA AB2543 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Charter schools: renewal.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB2543 Detail]

Download: California-2009-AB2543-Amended.html

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BILL NUMBER: AB 2543	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  APRIL 28, 2010

INTRODUCED BY   Assembly Member Bonnie Lowenthal
   (Coauthor: Senator Price)

                        FEBRUARY 19, 2010

   An act to  amend Section 47607 of   add
Section 47607.1 to  the Education Code, relating to charter
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2543, as amended, Bonnie Lowenthal. Charter schools: renewal.
   The Charter Schools Act of 1992 authorizes the governing board of
a school district, a county board of education, or the State Board of
Education to grant a petition to establish a charter school
according to specified procedures. The act provides that a charter
may be granted for a period not to exceed 5 years. The act authorizes
each of those chartering authorities to grant one or more subsequent
renewals of a charter that it authorized. The act requires that each
renewal be for a period of 5 years.
   This bill would require a charter school to submit a renewal
petition to the chartering authority no later than September 15 prior
to the expiration of the charter, or by an earlier or later date if
mutually agreed upon by the chartering authority and the charter
school to accommodate local circumstances. The bill would require the
governing board of a school district or a county board of education
to approve or deny a renewal petition submitted by a charter school
authorized by that board no later than December 15 prior to the
expiration of the charter. The bill would require a charter school
that elects to appeal the denial of its renewal application to submit
the application to the county board or the state board, as
applicable, within 30 days of the date of the denial.
   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 47607.1 is added to the 
 Education Code  , to read:  
   47607.1.  (a) A charter school shall submit a renewal petition to
the chartering authority no later than September 15 prior to the
expiration of the charter, or by an earlier or later date if mutually
agreed upon by the chartering authority and the charter school to
accommodate local circumstances, including delays in the release of
Academic Performance Index (API) scores. This subdivision does not
preclude a chartering authority from establishing a charter renewal
deadline prior to September 15. Existing timelines for the
consideration of a charter renewal petition by a chartering authority
pursuant to Sections 47605 and 47607 or any other provision of this
part shall not be affected by this subdivision.
   (b) The governing board of a school district or a county board of
education shall approve or deny a renewal petition submitted by a
charter school authorized by that board no later than December 15
prior to the expiration of the charter. A charter school that elects
to appeal the denial of its renewal application pursuant to Section
47607.5 shall submit its application to the county board or state
board, as applicable, within 30 days of the date of the denial. 

  SECTION 1.    Section 47607 of the Education Code
is amended to read:
   47607.  (a) (1) A charter may be granted pursuant to Sections
47605, 47605.5, 47605.6, 47605.8, and 47606 for a period not to
exceed five years. A charter granted by a school district governing
board, a county board of education or the state board, may be granted
one or more subsequent renewals by that entity. Each renewal shall
be for a period of five years. A material revision of the provisions
of a charter petition may be made only with the approval of the
authority that granted the charter. The authority that granted the
charter may inspect or observe any part of the charter school at any
time.
   (2) Renewals and material revisions of charters are governed by
the standards and criteria in Section 47605, and shall include, but
not be limited to, a reasonably comprehensive description of any new
requirement of charter schools enacted into law after the charter was
originally granted or last renewed.
   (3) (A) A charter school shall submit a renewal petition to the
chartering authority no later than September 15 prior to the
expiration of the charter, or by an earlier or later date if mutually
agreed upon by the chartering authority and the charter school to
accommodate local circumstances, including delays in the release of
Academic Performance Index (API) scores. This paragraph does not
preclude a chartering authority from establishing a charter renewal
deadline prior to September 15. Existing timelines for the
consideration of a charter renewal petition by a chartering authority
pursuant to this section, Section 47605, or any other provision of
this part shall not be affected by this paragraph.
   (B) The governing board of a school district or a county board of
education shall approve or deny a renewal petition submitted by a
charter school authorized by that board no later than December 15
prior to the expiration of the charter. A charter school that elects
to appeal the denial of its renewal application pursuant to Section
47607.5 shall submit its application to the county board or state
board, as applicable, within 30 days of the date of the denial.
   (b) Commencing on January 1, 2005, or after a charter school has
been in operation for four years, whichever date occurs later, a
charter school shall meet at least one of the following criteria
prior to receiving a charter renewal pursuant to paragraph (1) of
subdivision (a):
   (1) Attained its API growth target in the prior year or in two of
the last three years, or in the aggregate for the prior three years.
   (2) Ranked in deciles 4 to 10, inclusive, on the API in the prior
year or in two of the last three years.
   (3) Ranked in deciles 4 to 10, inclusive, on the API for a
demographically comparable school in the prior year or in two of the
last three years.
   (4) (A) The entity that granted the charter determines that the
academic performance of the charter school is at least equal to the
academic performance of the public schools that the charter school
pupils would otherwise have been required to attend, as well as the
academic performance of the schools in the school district in which
the charter school is located, taking into account the composition of
the pupil population that is served at the charter school.
   (B) The determination made pursuant to this paragraph shall be
based upon all of the following:
   (i) Documented and clear and convincing data.
   (ii) Pupil achievement data from assessments, including, but not
limited to, the Standardized Testing and Reporting Program
established by Article 4 (commencing with Section 60640) of Chapter 5
of Part 33 for demographically similar pupil populations in the
comparison schools.
   (iii) Information submitted by the charter school.
   (C) A chartering authority shall submit to the Superintendent
copies of supporting documentation and a written summary of the basis
for any determination made pursuant to this paragraph. The
Superintendent shall review the materials and make recommendations to
the chartering authority based on that review. The review may be the
basis for a recommendation made pursuant to Section 47604.5.
   (D) A charter renewal may not be granted to a charter school prior
to 30 days after that charter school submits materials pursuant to
this paragraph.
   (5) Has qualified for an alternative accountability system
pursuant to subdivision (h) of Section 52052.
   (c) A charter may be revoked by the authority that granted the
charter under this chapter if the authority finds, through a showing
of substantial evidence, that the charter school did any of the
following:
   (1) Committed a material violation of any of the conditions,
standards, or procedures set forth in the charter.
   (2) Failed to meet or pursue any of the pupil outcomes identified
in the charter.
   (3) Failed to meet generally accepted accounting principles, or
engaged in fiscal mismanagement.
   (4) Violated any provision of law.
   (d) Prior to revocation, the authority that granted the charter
shall notify the charter public school of any violation of this
section and give the school a reasonable opportunity to remedy the
violation, unless the authority determines, in writing, that the
violation constitutes a severe and imminent threat to the health or
safety of the pupils.
   (e) Prior to revoking a charter for failure to remedy a violation
pursuant to subdivision (d), and after expiration of the school's
reasonable opportunity to remedy without successfully remedying the
violation, the chartering authority shall provide a written notice of
intent to revoke and notice of facts in support of revocation to the
charter school. No later than 30 days after providing the notice of
intent to revoke a charter, the chartering authority shall hold a
public hearing, in the normal course of business, on the issue of
whether evidence exists to revoke the charter. No later than 30 days
after the public hearing, the chartering authority shall issue a
final decision to revoke or decline to revoke the charter, unless the
chartering authority and the charter school agree to extend the
issuance of the decision by an additional 30 days. The chartering
authority shall not revoke a charter, unless it makes written factual
findings supported by substantial evidence, specific to the charter
school, that support its findings.
   (f) (1) If a school district is the chartering authority and it
revokes a charter pursuant to this section, the charter school may
appeal the revocation to the county board of education within 30 days
following the final decision of the chartering authority.
   (2) The county board may reverse the revocation decision if the
county board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence. The school district may appeal the reversal to the state
board.
   (3) If the county board does not issue a decision on the appeal
within 90 days of receipt, or the county board upholds the
revocation, the charter school may appeal the revocation to the state
board.
   (4) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence. The state board may uphold the revocation decision of the
school district if the state board determines that the findings made
by the chartering authority under subdivision (e) are supported by
substantial evidence.
   (g) (1) If a county office of education is the chartering
authority and the county board revokes a charter pursuant to this
section, the charter school may appeal the revocation to the state
board within 30 days following the decision of the chartering
authority.
   (2) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence.
   (h) If the revocation decision of the chartering authority is
reversed on appeal, the agency that granted the charter shall
continue to be regarded as the chartering authority.
   (i) During the pendency of an appeal filed under this section, a
charter school, whose revocation proceedings are based on paragraph
(1) or (2) of subdivision (c), shall continue to qualify as a charter
school for funding and for all other purposes of this part, and may
continue to hold all existing grants, resources, and facilities, in
order to ensure that the education of pupils enrolled in the school
is not disrupted.
   (j) Immediately following the decision of a county board to
reverse a decision of a school district to revoke a charter, the
following shall apply:
   (1) The charter school shall qualify as a charter school for
funding and for all other purposes of this part.
   (2) The charter school may continue to hold all existing grants,
resources, and facilities.
   (3) Any funding, grants, resources, and facilities that had been
withheld from the charter school, or that the charter school had
otherwise been deprived of use, as a result of the revocation of the
charter shall be immediately reinstated or returned.
   (k) A final decision of a revocation or appeal of a revocation
pursuant to subdivision (c) shall be reported to the chartering
authority, the county board, and the department.