Bill Text: CA SB298 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Charter schools: at-risk pupils: Los Angeles County

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State. Chapter 572, Statutes of 2012. [SB298 Detail]

Download: California-2011-SB298-Amended.html

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BILL NUMBER: SB 298	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 17, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 14, 2011

    An act to amend Section 30.5 of the Education Code,
relating to bilingual education.   An act to amend
Section 1 of Chapter 58 of the Statutes of 1997, relating to charter
schools. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 298, as amended, De León.  Bilingual education.
  Charter schools: at-risk pupils: county board of
education.  
   (1) Existing law allows a charter school that serves at-risk
pupils and operates under a charter approved before June 1, 1997, by
the Los Angeles County Board of Education to operate until June 30,
2013. The existing statute requires the approval of the county board
of education for the specified charter school or schools to continue
operating after June 30, 2008.  
   This bill would instead allow the specified charter school or
schools to operate until June 30, 2028, subject to the approval of
the county board of education for continued operation after June 30,
2013.  
   (2) The existing statute requires that the specified charter
school or schools receive funding for the attendance of pupils for
each fiscal year up to and including the 2012-13 fiscal year at the
same rates as community schools and community day schools in the same
county.  
   This bill would extend that provision to also cover the attendance
of pupils in the 2012-13 to 2027-28 fiscal years, inclusive. 

   (3) This bill would make legislative findings and declarations as
to the necessity of a special statute for the County of Los Angeles.
 
   Existing law establishes English as the basic language of
instruction in all schools. Existing law defines bilingual education
as a system of instruction which builds upon the language skills of a
pupil whose primary language is neither English nor derived from
English.  
   This bill would make technical, nonsubstantive changes to those
provisions relating to bilingual education. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1 of Chapter 58 of the Statutes
of 1997, as amended by Section 1 of Chapter 525 of the Statutes of
2007, is amended to read: 
  Section 1.  (a) A charter school operating under a charter approved
before June 1, 1997, by the county board of education of a county of
the first class to serve at-risk pupils, may operate until June 30,
 2013   2028  . The continuation of the
authority of a charter school to operate pursuant to this subdivision
after June 30,  2008   2013  , shall be
subject to the approval of that county board of education.
   (b) Notwithstanding any other provisions of the Education Code,
except as set forth in subdivision (c), for the  2007-08 to
2012-13   2012-13 to 2027-28  fiscal years,
inclusive, the attendance of pupils in a charter school to which this
section applies shall be funded at the same rates for the same
categories of pupils as community schools and community day schools
in the same county.
   (c) A charter school operated pursuant to subdivision (a) may, if
its charter so provides, operate one or more community day schools in
compliance with Article 3 (commencing with Section 48660) of Chapter
4 of Part 27  of Division 4 of Title 2  of the Education
Code, except for compliance with the employment requirements in
subdivision (a) of Section 48663 and subdivision (c) of Section 48664
of the Education Code, and the funded average daily attendance
limitations of paragraphs (1) and (2) of subdivision (a) of Section
48664 of the Education Code, and be funded for not more than 2,000
units of average daily attendance in any fiscal year, to the extent
that funding is appropriated therefor, pursuant to subdivision (a) of
Section 48664 of the Education Code, as if it were a community day
school operated by a county. The average daily attendance of a
charter school operating pursuant to this section shall not be in
addition to the average daily attendance limitation provided pursuant
to subdivision (a) of Section 48664 of the Education Code.
   (d) A county board of education that has approved a charter school
as set forth in subdivision (a) shall establish specific
accountability criteria to annually measure the performance of the
charter school. The county board of education shall annually report
the measurement to the State Department of Education, the Department
of Finance, the Assembly Committee on Education, the Assembly
Committee on Appropriations, the Senate Committee on Education, and
the Senate Committee on Appropriations. The accountability criteria
shall comply with the alternative accountability system described by
subdivision (h) of Section 52052 of the Education Code.
   (e) If a charter school does not comply with the performance
criteria described in subdivision (d), the charter school shall
submit to the county board of education a plan for improvement that
is designed to enable the charter school to comply with the criteria
within a time determined by the county board of education.
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances resulting
from the intensely urbanized nature of the County of Los Angeles.
 
  SECTION 1.   Section 30.5 of the Education Code is
amended to read:
   30.5.  (a) Notwithstanding any other provision of law, bilingual
education means a system of instruction that builds upon the language
skills of a pupil whose primary language is neither English nor
derived from English. For purposes of this section:
   (1) "Primary language" means a language, other than English or a
language derived from English, which is the language the pupil first
learned.
   (2) "Derived from English" means a dialect, idiom, or language
derived from English. Both of the following shall be construed as
being derived from English:
   (A) A dialect, idiom, or language that has linguistic roots
connected to English.
   (B) A dialect, idiom, or language that has a syntax distinct from
English, and can be traced linguistically as derived from English.
   (b) A school district shall not utilize, as part of a bilingual
education program, state funds or resources for the purpose of
recognition of, or instruction in, a dialect, idiom, or language
derived from English.