Bill Text: CA AB709 | 2015-2016 | Regular Session | Amended

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

---

Bill Title: Charter schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB709 Detail]

Download: California-2015-AB709-Amended.html

---

BILL NUMBER: AB 709	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2015

INTRODUCED BY   Assembly Member Gipson
    (   Principal coauthor:   Assembly Member
  Medina   ) 

                        FEBRUARY 25, 2015

   An act to add Section 47604.1 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 709, as amended, Gipson. Charter schools.
   (1) The Ralph M. Brown Act requires that all meetings of a
legislative body, as defined, of a local agency be open and public
and all persons be permitted to attend unless a closed session is
authorized. The Bagley-Keene Open Meeting Act requires, with
specified exceptions, that all meetings of a state body be open and
public and all persons be permitted to attend.
   This bill would expressly state that a charter school is subject
to the Ralph M. Brown Act, unless it is operated by an entity
governed by the Bagley-Keene Open Meeting Act, in which case the
charter school would be subject to the Bagley-Keene Open Meeting Act.

   (2) The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless the
records are exempt from disclosure.
   This bill would expressly state that a charter school is subject
to the California Public Records Act.
   (3) Existing law prohibits certain public officials, including,
but not limited to, state, county, or district officers or employees,
from being financially interested in any contract made by them in
their official capacity, or by any body or board of which they are
members, except as provided.
   This bill would expressly state that a charter school is subject
to these provisions, except that the bill would provide that an
employee of a charter school is not disqualified from serving as such
a member of the governing body of the charter school because of that
employment status. The bill also would require such a member of the
governing body of a charter school to abstain from voting on, or
influencing or attempting to influence another member of that body
 regarding,   concerning,  any matter
affecting his or her own employment.
   (4) The Political Reform Act of 1974 requires every state agency
and local governmental agency to adopt a conflict-of-interest code,
formulated at the most decentralized level possible, that requires
designated employees of the agency to file statements of economic
interest disclosing any investments, business positions, interests in
real property, or sources of income that may foreseeably be affected
materially by any governmental decision made or participated in by
the designated employee by virtue of his or her position.
   This bill would expressly state that a charter school is subject
to the Political Reform Act of 1974.
   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.  It is the intent of the Legislature in enacting this
act to do both of the following:
   (a) Ensure that charter school governance is transparent.
   (b) Ensure that monitoring and oversight of charter schools is
conducted to protect the public interest.
  SEC. 2.  Section 47604.1 is added to the Education Code, to read:
   47604.1.  (a) A charter school is subject to all of the following:

   (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code),
except that a charter school operated by an entity governed by the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) is subject to the Bagley-Keene Open Meeting Act
regardless of the authorizing entity.
   (2) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code).
   (3) Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code.
   (4) The Political Reform Act of 1974 (Title 9 (commencing with
Section 81000) of the Government Code). For purposes of Section 87300
of the Government Code, a charter school shall be considered an
agency.
   (b) Notwithstanding Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code, an
employee of a charter school is not disqualified because of that
employment status from also serving as a member of the governing body
of the charter school. Such a member of the governing body of a
charter school shall abstain from voting on, or influencing or
attempting to influence another member of the governing body 
regarding,   concerning,  all matters uniquely
affecting his or her own employment.