Bill Text: CA SB1213 | 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: legal claims and actions against public

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-19 - Hearing postponed by committee. [SB1213 Detail]

Download: California-2011-SB1213-Introduced.html

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BILL NUMBER: SB 1213	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 22, 2012

   An act to add Section 47610.7 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1213, as introduced, Walters. Charter schools: legal claims and
actions.
   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. Existing law requires a charter school to comply
with its charter and exempts charter schools from the laws governing
school districts except those of the Charter Schools Act of 1992,
those establishing minimum age for public school attendance,
specified building code regulations, and other specified laws.
Existing law deems a charter school to be a school district for
specified purposes, including for purposes of the state's minimum
funding obligation for school districts and community colleges.
   Existing law governs the tort liability and immunity of, and
claims and actions against, public entities and their officers and
employees. A public entity, as defined, is not liable for an injury,
except as otherwise provided by statute, whether the injury arises
out of an act or omission of the public entity or a public employee
or any other person.
   This bill would provide that a charter school is also to be
governed by provisions governing the tort liability and immunity of,
and claims and actions against, public entities and their officers
and employees if the claim or action against a charter school is the
type of claim that, if brought against a public entity, would be
governed by those provisions.
   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 47610.7 is added to the Education Code, to
read:
   47610.7.  If a claim or action against a charter school is the
type of claim that, if brought against a public entity, is governed
by Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, the claim or action against the charter school shall
be governed by Division 3.6 (commencing with Section 810) of Title 1
of the Government Code. For purposes of this section and Division
3.6 (commencing with Section 810) of Title 1 of the Government Code,
a charter school is deemed to be a public entity.