Bill Text: CA SB49 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School safety plans.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB49 Detail]
Download: California-2013-SB49-Amended.html
Bill Title: School safety plans.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB49 Detail]
Download: California-2013-SB49-Amended.html
BILL NUMBER: SB 49 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senators Lieu and Steinberg
( Principal coauthor: Assembly Member
Olsen )
( Coauthor: Assembly Member
Muratsuchi )
DECEMBER 19, 2012
An act to amend Sections 32280, 32281, 32282, 32285, 32286,
41020, 32288, and 47605 of, to add
Sections 32286.1, 32287.1, and 41338.5
32288.1, and 32289.5 to, and to repeal Section 32289
of , and to repeal and add Section 32288 of , the
Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 49, as amended, Lieu. School safety plans.
(1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
This bill would revise and recast those procedures. The bill
would, among other things, require each school to adopt its
comprehensive school safety plan by March 1, 2014, and to review and
update its plan by March 1 of every 3rd year thereafter. The
bill would require specified administrators of school districts and
county offices of education to provide written notification to the
Superintendent of Public Instruction identifying each school within
the school district or county that has not complied with the
requirement to adopt, and periodically review and update, a
comprehensive school safety plan. The bill would require the
Superintendent to publish, on the Internet Web site of the State
Department of Education, the name of each school reported as not
complying with the requirements to adopt, and periodically review and
update, a comprehensive school safety plan. The bill
would require the department to monitor compliance with these
provisions using an existing monitoring framework. By requiring
school and local educational agency officers to perform additional
duties, the bill would impose a state-mandated local program.
(2) Existing law requires a county superintendent of schools to
provide for an audit of all funds under his or her jurisdiction, and
requires the governing board of a local educational agency to either
provide for an audit of the books and accounts of the local
educational agency or make arrangements with the county
superintendent of schools having jurisdiction over the local
educational agency to provide for that auditing. Existing law
requires a county superintendent of schools to be responsible for
reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to specified
topics, and determining whether the exceptions were either corrected
or an acceptable plan of correction was developed. Existing law
requires the county office of education to review certain audit
exceptions upon submission and receipt of a final audit report.
Existing law requires the Superintendent of Public Instruction to be
responsible for ensuring that local educational agencies have either
corrected or developed plans of correction for specified audit
exceptions.
This bill, commencing with the 2014-15 fiscal year, would require
the auditor to include in the audit report a summary of the extent to
which a local educational agency has complied with the requirement
that each of its schools develop a comprehensive school safety plan.
(3) Existing law establishes a public school funding system that
includes, among other elements, the provision of funding to local
educational agencies through state apportionments, the proceeds of
property taxes collected at the local level, and other sources.
This bill would require the Superintendent of Public Instruction
to withhold the next principal apportionment from a local educational
agency if the Superintendent receives an audit report that finds
that the local educational agency has not substantially complied with
the requirement that each of its schools develop a comprehensive
school safety plan, or if the Superintendent finds that a
superintendent of a school district or county office of education, or
an administrator in charge of a school district or county office of
education without a superintendent, has committed a violation by
failing to provide written notification to the Superintendent
identifying each school within the district or county that has not
complied with specified requirements relating to the development and
adoption of comprehensive school safety plans for that school year.
The bill would authorize the Superintendent to apportion these funds
to the affected local educational agency only after determining that
the noncompliance or violation has been corrected.
(4)
(2) The Charter Schools Act of 1992 allows one or more
persons seeking to establish a charter school within a school
district to circulate a petition to that effect. The act provides
that a petition for the establishment of a charter school may be
denied by the governing board of a school district upon a finding
that the petition does not contain a reasonably comprehensive
description of the procedures that the school will follow to ensure
the health and safety of pupils and staff, including a requirement
that each employee of the school furnish the school with a criminal
record summary. The renewal of a charter is also governed by these
criteria.
This bill, in addition, would add the development of a school
safety plan, which includes would be required
to include specified elements topics
, and that is annually reviewed by the school and updated as
necessary, to the procedures that the school will follow to ensure
the health and safety of pupils and staff that are to be described in
a petition for the establishment of, or application for the renewal
of a charter of, a charter school.
(5)
(3) 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 32280 of the Education Code is amended to read:
32280. (a) It is the intent of the Legislature that all
California public schools, in kindergarten, and grades 1 to 12,
inclusive, operated by school districts, in cooperation with local
law enforcement agencies, community leaders, parents, pupils,
teachers, administrators, and other persons who may be interested in
the prevention of campus crime and violence, develop a comprehensive
school safety plan that addresses the safety concerns identified
through a systematic planning process.
(b) (1) For the purposes of this article, law enforcement agencies
include local police departments, county sheriffs' offices, school
district police or security departments, probation departments, the
Attorney General, any district attorney, or any city attorney.
(2) For purposes of this article, a "safety plan"
means a plan to develop strategies aimed at the prevention of, and
education about, potential incidents involving crime and violence on
the school campus.
(3) For purposes of Sections 32281 and 32282, "principal" includes
the principal's designee and "administrator in charge" includes the
designee of the administrator in charge.
SEC. 2. Section 32281 of the Education Code is amended to read:
32281. (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
former Section 52012, as it existed before July 1, 2005, or Section
52852 shall write and develop a comprehensive school safety plan
relevant to the needs and resources of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the administrator in charge of a school
without a principal.
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
initial comprehensive school safety plan
, and is strongly encouraged to consult with a representative from a
law enforcement agency for the plan's review every year thereafter
.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
(e) (1) When a principal, or the administrator in charge of a
school without a principal, verifies through local law enforcement
officials that a report has been filed of the occurrence of a violent
crime on the schoolsite of an elementary or secondary school at
which he or she is the principal or administrator in charge, the
principal or administrator in charge may send to each pupil's parent
or legal guardian and each school employee a written notice of the
occurrence and general nature of the crime. If the principal or
administrator in charge chooses to send the written notice, the
Legislature encourages the notice be sent no later than the end of
business on the second regular workday after the verification. If, at
the time of verification, local law enforcement officials determine
that notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, a "violent crime" means a Part 1 violent crime as
defined in paragraph (2) of subdivision (i) of Section 67381 and is
an act for which a pupil could or would be expelled pursuant to
Section 48915.
(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law enforcement
officials, elect to not have its schoolsite council develop and write
those portions of its comprehensive school safety plan that include
tactical responses to criminal incidents that may result in death or
serious bodily injury at the schoolsite. The portions of a school
safety plan that include tactical responses to criminal incidents may
be developed by administrators of the school district or county
office of education in consultation with law enforcement officials
and with a representative of an exclusive bargaining unit of
employees of that school district or county office of education, if
he or she chooses to participate. The school district or county
office of education may elect not to disclose those portions of the
comprehensive school safety plan that include tactical responses to
criminal incidents.
(2) As used in this article, "tactical responses to criminal
incidents" means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.
(3) Nothing in this subdivision precludes the governing board of a
school district or county office of education from conferring in a
closed session with law enforcement officials pursuant to Section
54957 of the Government Code to approve a tactical response plan
developed in consultation with those officials pursuant to this
subdivision. Any vote to approve the tactical response plan shall be
announced in open session following the closed session.
(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.
SEC. 3. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a each
semester in secondary schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency or
nongovernmental organization, including the American Red Cross, to
use school buildings, grounds, and equipment for mass care and
welfare shelters during disasters or other emergencies affecting the
public health and welfare. The district or county office shall
cooperate with the public agency or nongovernmental organization in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the administrator in charge of a school without a principal. For the
purposes of this paragraph, "gang-related apparel" shall not be
considered a protected form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) Procedures related to individuals with guns on school campuses
and at school-related functions, including, but not limited to,
training programs related to active shooters and active terrorists.
(I)
(J) The rules and procedures on school discipline
adopted pursuant to Sections 35291 and 35291.5.
(J) Procedures related to individuals with guns on school campuses
and at school-related functions, including, but not limited to,
training programs related to active shooters and active terrorists.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by law enforcement and school employees.
(f) As comprehensive school safety plans are reviewed and updated,
the Legislature encourages all plans, to the extent that resources
are available, to include policies and procedures aimed at the
prevention of bullying.
(g) (1) Before adopting its initial comprehensive school safety
plan, the schoolsite council or school safety planning committee
shall hold a public meeting at the schoolsite to hear public comment
about the school safety plan.
(2) The schoolsite council or school safety planning committee
shall notify, in writing, all of the following persons and entities,
if available, of the public meeting:
(A) A representative of the local school employee organization.
(B) A representative of each parent organization registered at the
schoolsite, including the parent teacher association and parent
teacher clubs.
(C) A representative of each teacher organization at the
schoolsite.
(D) All persons who have requested to be notified.
SEC. 4. Section 32285 of the Education Code is amended to read:
32285. (a) The governing board of a school district, on behalf of
one or more schools within the district that have developed a school
safety plan, may apply to the Superintendent for a grant to
implement school safety plans. The partnership may award grants for
school safety plans that include, but are not limited to, the
following criteria:
(1) Assessment of the recent incidence of crime committed on the
school campus.
(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
(3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available
resources which will provide for implementation of the plan.
(b) The Superintendent shall award grants pursuant to this section
to school districts for the implementation of individual school
safety plans in an amount not to exceed five thousand dollars
($5,000) for each school. No grant shall be made unless the school
district makes available, for purposes of implementing the school
safety plans, an amount of funds equal to the amount of the grant.
Grants should be awarded through a competitive process, based upon
criteria including, but not limited to, the merit of the proposal and
the need for imposing school safety, based on school crime rates.
(c) Any school receiving a grant under this section shall submit
to the Superintendent verified copies of its schoolsite crime report
annually for three consecutive years following the receipt of the
grant to study the impact of the implementation of the school safety
plan on the incidence of crime on the campus of the school.
SEC. 5. Section 32286 of the Education Code is amended to read:
32286. (a) Each school shall adopt its comprehensive school
safety plan for the upcoming school year no later than the
preceding by March 1, 2014, and shall
review and update its plan by March 1 of each
every third year thereafter. A new school campus that
begins offering classes to pupils after March 1, 2001, shall adopt a
comprehensive school safety plan within one year of initiating
operation, and shall review and update its plan by March 1,
1 every year thereafter.
(b) The principal or administrator in charge of a school without a
principal shall forward the school's comprehensive school safety
plan for the upcoming school year to the superintendent of the school
district or county office of education, or to the administrator in
charge where there is no superintendent, no later than March 31 of
each year. The school district or county office of education either
may approve the plan or may determine that the plan does not comply
with this section and return it to the school for amendment. The
principal or administrator in charge shall return an amended plan
within 60 days of the date each rejected plan is returned for
amendment.
(c)
(b) No later than July 31 of each
every third year, the principal or administrator in charge
of a school without a principal shall accurately report on the
status of the school's safety plan for the upcoming school year,
including a description of its key elements in the annual school
accountability report card prepared pursuant to Sections 33126 and
35256. The report shall include, but is not limited to, whether or
not a school safety plan was adopted for the upcoming year, the date
the school safety plan was adopted , the date the adopted
school safety plan was forwarded to the school district or county
office pursuant to subdivision (b), and a description of
the safety plan's elements as set forth in Section 32282.
(d)
(c) Each school principal or administrator in charge of
a school without a principal shall provide written or electronic
notice to each teacher and classified employee that the adopted
school safety plan is readily available for inspection.
SEC. 6. Section 32286.1 is added to the Education Code, to read:
32286.1. No later than October 15 of each year, each
superintendent of a school district or county office of education, or
each administrator in charge of a district or county office without
a superintendent, shall provide written notification to the
Superintendent identifying each school within the school district or
county that has not complied with Section 32281 or subdivision (b) of
Section 32286 for that school year.
SEC. 7. Section 32287.1 is added to the
Education Code, to read:
32287.1. (a) No later than December 31 of each year, the
Superintendent shall publish on the department's Internet Web site
the name of each school reported pursuant to Section 32286.1.
(b) No later than 60 days after a notification pursuant to Section
32287, the Superintendent shall publish on the department's Internet
Web site the name of every school district and county office so
notified and the date of notification.
SEC. 8. Section 32288 of the Education Code is
repealed.
SEC. 7. Section 32288 of the Education
Code is amended to read:
32288. (a) In order to ensure compliance with this article, each
school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.
(b) (1) (A) Before adopting its
comprehensive school safety plan, the schoolsite council or school
safety planning committee shall hold a public meeting at the
schoolsite in order to allow members of the public the opportunity to
express an opinion about the school safety plan.
(B) Confidential information relating to tactical responses to
criminal incidents, pursuant to paragraph (1) of subdivision (f) of
Section 32281, shall not be included at the public meeting.
(2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:
(A) The local mayor.
(B) A representative of the local school employee organization.
(C) A representative of each parent organization at the
schoolsite, including the parent teacher association and parent
teacher clubs.
(D) A representative of each teacher organization at the
schoolsite.
(E) A representative of the student body government.
(F) All persons who have indicated they want to be notified.
(3) The schoolsite council or school safety planning committee is
encouraged to notify, in writing, the following persons and entities,
if available, of the public meeting:
(A) A representative of the local churches.
(B) Local civic leaders.
(C) Local business organizations.
(c) In order to ensure compliance with this article, each school
district or county office of education shall annually notify the
State Department of Education department
by October 15 of any schools that have not complied with
Section 32281.
SEC. 9. SEC. 8. Section
32288 32288.1 is added to the Education Code, to
read:
32288. 32288.1. (a) Each principal
or administrator in charge of a school without a principal shall keep
and maintain a copy of the most recent comprehensive school safety
plan for that school.
(b) Each superintendent of a school district or county office of
education, or each administrator in charge of a district or county
office without a superintendent, shall keep and maintain a copy of
the most recent comprehensive school safety plan filed pursuant to
Section 32286 32288 and a copy of every
notification made pursuant to Section 32286.1.
(c) All books, documents, records, and other papers kept and
maintained pursuant to subdivisions (a) and (b) shall be open for
inspection and copying on business days, excluding legal holidays,
during the hours of 9 a.m. to 5 p.m., inclusive, within 48 hours of a
written, verbal, or electronic request by a law enforcement agency
described in Section 32280.
SEC. 10. SEC. 9. Section 32289 of
the Education Code, as added by Section 1 of Chapter 272 of the
Statutes of 2004, is repealed.
SEC. 10. Section 32289.5 is added to the Education
Code, to read:
32289.5. The department shall monitor compliance with this
article using an existing monitoring framework.
SEC. 11. Section 41020 of the Education Code is
amended to read:
41020. (a) It is the intent of the Legislature to encourage sound
fiscal management practices among local educational agencies for the
most efficient and effective use of public funds for the education
of children in California by strengthening fiscal accountability at
the district, county, and state levels.
(b) (1) Not later than May 1 of each fiscal year, each county
superintendent of schools shall provide for an audit of all funds
under his or her jurisdiction and control, and the governing board of
each local educational agency shall either provide for an audit of
the books and accounts of the local educational agency, including an
audit of income and expenditures by source of funds, or make
arrangements with the county superintendent of schools having
jurisdiction over the local educational agency to provide for that
auditing.
(2) A contract to perform the audit of a local educational agency
that has a disapproved budget or has received a negative
certification on any budget or interim financial report during the
current fiscal year or either of the two preceding fiscal years, or
for which the county superintendent of schools has otherwise
determined that a lack of going concern exists, is not valid unless
approved by the responsible county superintendent of schools and the
governing board.
(3) If the governing board of a local educational agency has not
provided for an audit of the books and accounts of the local
educational agency by April 1, the county superintendent of schools
having jurisdiction over the local educational agency shall provide
for the audit of each local educational agency.
(4) An audit conducted pursuant to this section shall comply fully
with the Government Auditing Standards issued by the Comptroller
General of the United States.
(5) For purposes of this section, "local educational agency" does
not include community colleges.
(c) Each audit conducted in accordance with this section shall
include all funds of the local educational agency, including the
student body and cafeteria funds and accounts and any other funds
under the control or jurisdiction of the local educational agency.
Each audit shall also include an audit of pupil attendance
procedures.
(d) All audit reports for each fiscal year shall be developed and
reported using a format established by the Controller after
consultation with the Superintendent and the Director of Finance.
(e) (1) The cost of the audits provided for by the county
superintendent of schools shall be paid from the county school
service fund, and the county superintendent of schools shall transfer
the pro rata share of the cost chargeable to each district from
district funds.
(2) The cost of the audit provided for by a governing board shall
be paid from local educational agency funds. The audit of the funds
under the jurisdiction and control of the county superintendent of
schools shall be paid from the county school service fund.
(f) (1) The audits shall be made by a certified public accountant
or a public accountant, licensed by the California Board of
Accountancy, and selected by the local educational agency, as
applicable, from a directory of certified public accountants and
public accountants deemed by the Controller as qualified to conduct
audits of local educational agencies, which shall be published by the
Controller not later than December 31 of each year.
(2) Commencing with the 2003-04 fiscal year and except as provided
in subdivision (d) of Section 41320.1, it is unlawful for a public
accounting firm to provide audit services to a local educational
agency if the lead audit partner, or coordinating
audit partner, having primary
responsibility for the audit, or the audit partner responsible for
reviewing the audit, has performed audit services for that local
educational agency in each of the six previous fiscal years. The
Education Audits Appeal Panel may waive this requirement if the panel
finds that no otherwise eligible auditor is available to perform the
audit.
(3) It is the intent of the Legislature that, notwithstanding
paragraph (2), the rotation within public accounting firms conform to
provisions of the federal Sarbanes-Oxley Act of 2002 (P.L. 107-204;
15 U.S.C. Sec. 7201 et seq.), and upon release of the report required
by the act of the Comptroller General of the United States
addressing the mandatory rotation of registered public accounting
firms, the Legislature intends to reconsider the provisions of
paragraph (2). In determining which certified public accountants and
public accountants shall be included in the directory, the Controller
shall use the following criteria:
(A) The certified public accountants or public accountants shall
be in good standing as certified by the Board of Accountancy.
(B) The certified public accountants or public accountants, as a
result of a quality control review conducted by the Controller
pursuant to Section 14504.2, shall not have been found to have
conducted an audit in a manner constituting noncompliance with
subdivision (a) of Section 14503.
(g) (1) The auditor's report shall include each of the following:
(A) A statement that the audit was conducted pursuant to standards
and procedures developed in accordance with Chapter 3 (commencing
with Section 14500) of Part 9 of Division 1 of Title 1.
(B) A summary of audit exceptions and management improvement
recommendations.
(C) An evaluation by the auditor on whether there is substantial
doubt about the ability of the local educational agency to continue
as a going concern for a reasonable period of time. This evaluation
shall be based on the Statement of Auditing Standards (SAS) No. 59,
as issued by the AICPA regarding disclosure requirements relating to
the ability of the entity to continue as a going concern.
(D) Commencing with the 2014-15 fiscal year, a summary of the
extent to which the local educational agency has complied with the
requirement that each of its schools develop a comprehensive school
safety plan pursuant to Section 32281.
(2) To the extent possible, a description of correction or plan of
correction shall be incorporated in the audit report, describing the
specific actions that are planned to be taken, or that have been
taken, to correct the problem identified by the auditor. The
descriptions of specific actions to be taken or that have been taken
shall not solely consist of general comments such as "will implement,"
"accepted the recommendation," or "will discuss at a later date."
(h) Not later than December 15, a report of each local educational
agency audit for the preceding fiscal year shall be filed with the
county superintendent of schools of the county in which the local
educational agency is located, the department, and the Controller.
The Superintendent shall make any adjustments necessary in future
apportionments of all state funds to correct any audit exceptions
revealed by those audit reports.
(i) (1) Commencing with the 2002-03 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall be responsible
for reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to
attendance, inventory of equipment, internal control, and any
miscellaneous items, and determining whether the exceptions have been
either corrected or an acceptable plan of correction has been
developed.
(2) Commencing with the 2004-05 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall include in the
review of audit exceptions performed pursuant to this subdivision
those audit exceptions related to use of instructional materials
program funds, teacher misassignments pursuant to Section 44258.9,
and information reported on the school accountability report card
required pursuant to Section 33126, and shall determine whether the
exceptions are either corrected or an acceptable plan of correction
has been developed.
(j) Upon submission of the final audit report to the governing
board of each local educational agency and subsequent receipt of the
audit by the county superintendent of schools having jurisdiction
over the local educational agency, the county office of education
shall do all of the following:
(1) Review audit exceptions related to attendance, inventory of
equipment, internal control, and other miscellaneous exceptions.
Attendance exceptions or issues shall include, but not be limited to,
those related to revenue limits, adult education, and independent
study.
(2) If a description of the correction or plan of correction has
not been provided as part of the audit required by this section, then
the county superintendent of schools shall notify the local
educational agency and request the governing board of the local
educational agency to provide to the county superintendent of schools
a description of the corrections or plan of correction by March 15.
(3) Review the description of correction or plan of correction and
determine its adequacy. If the description of the correction or plan
of correction is not adequate, the county superintendent of schools
shall require the local educational agency to resubmit that portion
of its response that is inadequate.
(k) Each county superintendent of schools shall certify to the
Superintendent and the Controller, not later than May 15, that his or
her staff has reviewed all audits of local educational agencies
under his or her jurisdiction for the prior fiscal year, that all
exceptions that the county superintendent was required to review were
reviewed, and that all of those exceptions, except as otherwise
noted in the certification, have been corrected by the local
educational agency or that an acceptable plan of correction has been
submitted to the county superintendent of schools. In addition, the
county superintendent shall identify, by local educational agency,
any attendance-related audit exception or exceptions involving state
funds, and require the local educational agency to which the audit
exceptions were directed to submit appropriate reporting forms for
processing by the Superintendent.
( l ) In the audit of a local educational
agency for a subsequent year, the auditor shall review the correction
or plan or plans of correction submitted by the local educational
agency to determine if the exceptions have been resolved. If not, the
auditor shall immediately notify the appropriate county office of
education and the department and restate the exception in the audit
report. After receiving that notification, the department shall
either consult with the local educational agency to resolve the
exception or require the county superintendent of schools to follow
up with the local educational agency.
(m) (1) The Superintendent shall be responsible for ensuring that
local educational agencies have either corrected or developed plans
of correction for any one or more of the following:
(A) All federal and state compliance audit exceptions identified
in the audit.
(B) Any exceptions that the county superintendent certifies as of
May 15 have not been corrected.
(C) Any repeat audit exceptions that are not assigned to a county
superintendent to correct.
(2) In addition, the Superintendent shall be responsible for
ensuring that county superintendents of schools and each county board
of education that serves as the governing board of a local
educational agency either correct all audit exceptions identified in
the audits of county superintendents of schools and of the local
educational agencies for which the county boards of education serve
as the governing boards or develop acceptable plans of correction for
those exceptions.
(3) The Superintendent shall report annually to the Controller on
his or her actions to ensure that school districts, county
superintendents of schools, and each county board of education that
serves as the governing board of a school district have either
corrected or developed plans of correction for any of the exceptions
noted pursuant to paragraph (1).
(n) To facilitate correction of the exceptions identified by the
audits issued pursuant to this section, commencing with 2002-03
audits pursuant to this section, the Controller shall require
auditors to categorize audit exceptions in each audit report in a
manner that will make it clear to both the county superintendent of
schools and the Superintendent which exceptions they are responsible
for ensuring the correction of by a local educational agency. In
addition, the Controller annually shall select a sampling of county
superintendents of schools, perform a followup of the audit
resolution process of those county superintendents of schools, and
report the results of that followup to the Superintendent and the
county superintendents of schools that were reviewed.
(o) County superintendents of schools shall adjust subsequent
local property tax requirements to correct audit exceptions relating
to local educational agency tax rates and tax revenues.
(p) If a governing board or county superintendent of schools fails
or is unable to make satisfactory arrangements for the audit
pursuant to this section, the Controller shall make arrangements for
the audit, and the cost of the audit shall be paid from local
educational agency funds or the county school service fund, as the
case may be.
(q) Audits of regional occupational centers and programs are
subject to the provisions of this section.
(r) This section does not authorize examination of, or reports on,
the curriculum used or provided for in any local educational agency.
(s) Notwithstanding any other law, a nonauditing, management, or
other consulting service to be provided to a local educational agency
by a certified public accounting firm while the certified public
accounting firm is performing an audit of the agency pursuant to this
section shall be in accord with Government Accounting Standards,
Amendment No. 3, as published by the United States General Accounting
Office.
SEC. 12. Section 41338.5 is added to the
Education Code, to read:
41338.5. (a) Notwithstanding any other law, the Superintendent
shall withhold the next principal apportionment from a local
educational agency if either of the following occurs:
(1) The Superintendent receives an audit report, pursuant to
Section 41020, that finds that the local educational agency has not
substantially complied with the requirement that each of its schools
develop a comprehensive school safety plan pursuant to Section 32281.
(2) The Superintendent finds that a superintendent of a school
district or county office of education, or an administrator in charge
of a district or county office without a superintendent, has
violated Section 32286.1 by failing to provide written notification
to the Superintendent identifying each school within the district or
county that has not complied with Section 32281 or subdivision (b) of
Section 32286 for that school year.
(b) The Superintendent shall apportion any funds withheld pursuant
to this section to the affected local educational agency only after
the Superintendent determines that the noncompliance or violation
that caused the funds to be withheld has been corrected.
SEC. 13. SEC. 11. Section 47605 of
the Education Code , as amended by Section 1 of Chapter 576
of the Statutes of 2012, 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 is met:
(A) The petition 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 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 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 exists:
(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 may be extended by an additional 30 days if
both parties 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 the 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. Pupil outcomes shall include
outcomes that address increases in pupil academic achievement both
schoolwide and for all groups of pupils served by the charter school.
(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
both of the following:
(i) A requirement that each employee of the school furnish the
school with a criminal record summary as described in Section 44237.
(ii) The development of a school safety plan, which
includes shall include the elements
outlined topics listed in subparagraphs (A) to
(J) (I) , inclusive, of paragraph (2) of
subdivision (a) of Section 32282, that is annually reviewed by the
school and updated as necessary.
(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.
(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 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, 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) 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 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. 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 used 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 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, designate its
supervisorial and oversight responsibilities for a charter school
approved by the state board 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 is granted its charter through an appeal
to the state board and elects to seek renewal of its charter shall,
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. 14. SEC. 12. 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.
