BILL NUMBER: SB 739	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2015

   An act  to amend Sections 47605 and 47605.1 of, and  to
add and repeal Section 47604.34  of   of, 
the Education Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 739, as amended, Pavley. Charter schools: sited outside
boundaries:  report.   report: prohibition.

   Existing law authorizes a charter school that is unable to locate
within the jurisdiction or geographic boundaries of the chartering
school district to 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 where the charter school proposes
to operate is notified in advance of the charter petition approval,
the county superintendent of schools and the Superintendent of Public
Instruction are notified of the location of the charter school
before it commences operations, and either the charter school has
attempted to locate a single site or facility to house the entire
program, but such a site or facility is unavailable in the area in
which the  charter  school chooses to locate or the site is
needed for temporary use during a construction or expansion project.
   This bill would authorize the Superintendent to study and report
to the Legislature by December 31, 2016, the number of charter
schools that are sited outside the boundaries of the chartering
school district. The bill would authorize the report to include
specified findings and recommendations. 
   This bill would prohibit the governing board of a school district
from authorizing new charter schools to locate outside the boundaries
of the school district if the school district is assigned a negative
certification, as specified. The bill would also make conforming
changes, correct references, and make various nonsubstantive changes.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 47604.34 is added to the Education Code, to
read:
   47604.34.  (a) The Superintendent may study and report to the
Legislature by December 31, 2016, the number of charter schools that
are sited outside the boundaries of the chartering school district
pursuant to paragraph (5) of subdivision (a) of Section 47605.
   (1) The Superintendent's report may make findings, including, but
not necessarily limited to, all of the following:
   (A) The number and location of charter schools sited outside the
boundaries of the chartering school district.
   (B) The reason pursuant to subparagraphs (A) and (B) of paragraph
(5) of subdivision (a) of Section 47605 that a charter school is
located outside the boundaries of the chartering school district.
   (C) Whether the superintendent of the school district where the
charter school is located was notified in advance of the charter
petition approval pursuant to paragraph (5) of subdivision (a) of
Section 47605.
   (2) The Superintendent's report may make recommendations,
including, but not necessarily limited to, the authority of state or
local entities to enforce charter law.
   (b) (1) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
   (2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on December 31, 2020.
   SEC. 2.    Section 47605 of the   Education
Code   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
 charter  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  charter 
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)   (c)  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  
there  shall be a material revision to the charter school's
charter.
   (5) (A)    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) 
    (i)  The  charter  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  charter
 school chooses to locate. 
   (B) 
    (ii)  The site is needed for temporary use during a
construction or expansion project. 
   (B) Notwithstanding subparagraph (A), the governing board of a
school district shall not authorize new charter schools to locate
outside the boundaries of the school district if the school district
is assigned a negative certification pursuant to paragraph (1) of
subdivision (a) of Section 42131. 
   (6) Commencing January 1, 2003, a petition to establish a charter
school  may   shall  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  school  district, other employees of the
 school  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  charter  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 
charter  school, designed, among other things, to identify those
whom the  charter  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) A description, for the charter school, of annual goals, for
all pupils and for each subgroup of pupils identified pursuant to
Section 52052, to be achieved in the state priorities, as described
in subdivision (d) of Section 52060, that apply for the grade levels
served, or the nature of the program operated, by the charter school,
and specific annual actions to achieve those goals. A charter
petition may identify additional school priorities, the goals for the
school priorities, and the specific annual actions to achieve those
goals.
   (iii) If the proposed  charter  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  charter  school
demonstrate that they have attained the skills, knowledge, and
attitudes specified as goals in the  charter  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, as that term
is defined in subparagraph (B) of paragraph (3) of subdivision (a) of
Section 47607. The pupil outcomes shall align with the state
priorities, as described in subdivision (d) of Section 52060, that
apply for the grade levels served, or the nature of the program
operated, by the charter school.
   (C) The method by which pupil progress in meeting those pupil
outcomes is to be measured. To the extent practicable, the method for
measuring pupil outcomes for state priorities shall be consistent
with the way information is reported on a school accountability
report card.
   (D) The governance structure of the  charter  school,
including, but not limited to, the process to be followed by the 
charter  school to ensure parental involvement.
   (E) The qualifications to be met by individuals to be employed by
the  charter  school.
   (F) The procedures that the  charter  school will follow
to ensure the health and safety of pupils and staff. These procedures
shall include the requirement that each employee of the  charter
 school furnish  the school   it 
with a criminal record summary as described in Section 44237.
   (G) The means by which the  charter  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   an
 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  of  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 
charter  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  charter
 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   a  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  charter  school.
   (B) If the number of pupils who wish to attend the charter school
exceeds the  charter  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
 school  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   an  employee of the school district
to be employed in a charter school.
   (f) The governing board of a school district shall not require
 any   a  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  charter 
school, including, but not limited to, the facilities to be used by
the  charter  school, the manner in which administrative
services of the  charter  school are to be provided, and
potential civil liability effects, if any, upon the  charter
school and upon the school district. The description of the
facilities to be used by the charter school shall specify where the
 charter  school intends to locate. The petitioner or
petitioners  also  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)   (b),  and
shall define "reasonably  comprehensive" 
comprehensive,   "  as used in paragraph (5) of
subdivision  (b)   (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
  the  petition  shall, thereafter,
  shall  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
  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
 charter  school's petition for renewal, the  charter
 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. 3.    Section 47605.1 of the  
Education Code   is amended to read: 
   47605.1.  (a) (1) Notwithstanding any other law, a charter school
that is granted a charter from the governing board of a school
district or county office of education after July 1, 2002, and
commences providing educational services to pupils on or after July
1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
   (2) Notwithstanding any other law, a charter school that is
granted a charter by the state board after July 1, 2002, and
commences providing educational services to pupils on or after July
1, 2002, based on the denial of a petition by the governing board of
a school district or county board of education, as described in
paragraphs (1) and (2) of subdivision (j) of Section 47605, may
locate only within the geographic boundaries of the chartering entity
that initially denied the petition for the charter.
   (3) A charter school that receives approval of its charter from
 a   the  governing board of a school
district, a county office of education, or the state board before
July 1, 2002, but does not commence operations until after January 1,
2003, shall be subject to the geographic limitations of  the
  this  part, in accordance with subdivision (e).
   (b) Nothing in this section is intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
   (c) Notwithstanding any other law, a charter school may establish
a resource center, meeting space, or other satellite facility located
in a county adjacent to that in which the charter school is
authorized if the following conditions are met:
   (1) The facility is used exclusively for the educational support
of pupils who are enrolled in nonclassroom-based independent study of
the charter school.
   (2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the  charter  school is authorized.
   (d)  (1)    Notwithstanding subdivision (a) 
of this section  or subdivision (a) of Section 47605, a charter
school that is unable to locate within the geographic boundaries of
the chartering school district may establish one site outside the
boundaries of the school district, but within the county within which
that school district is located, if the school district where the
charter school proposes to operate is notified in advance of the
charter petition approval, the county superintendent of schools is
notified of the location of the charter school before it commences
operations, and either of the following circumstances exist: 

   (1) 
    (A)  The  charter  school has attempted to
locate a single site or facility to house the entire program but such
a facility or site is unavailable in the area in which the 
charter  school chooses to locate. 
   (2) 
    (B)  The site is needed for temporary use during a
construction or expansion project. 
   (2) Notwithstanding paragraph (1), the governing board of a school
district shall not authorize new charter schools to locate outside
the boundaries of the school district if the school district is
assigned a negative certification pursuant to paragraph (1) of
subdivision (a) of Section 42131. 
   (e) (1) For a charter school that was granted approval of its
charter before July 1, 2002, and provided educational services to
pupils before July 1, 2002, this section shall only apply to any new
educational services or schoolsites established or acquired by the
charter school on or after July 1, 2002.
   (2) For a charter school that was granted approval of its charter
before July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section shall only apply upon the
expiration of a charter that is in existence on January 1, 2003.
   (3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which education services are provided to pupils before or after
July 1, 2002, regardless of whether the charter school initially
received approval of its charter school petition before July 1, 2002.
To achieve compliance with this section, a charter school shall be
required to receive approval of a charter petition in accordance with
this section and Section 47605.

(4) Nothing in this section is intended to affect the authority of a
governmental entity to revoke a charter that is granted on or before
the effective date of this section.
   (f) A charter school that submits its petition directly to a
county board of education, as authorized by  Sections
  Section  47605.5 or 47605.6, may establish
charter school operations only within the geographical boundaries of
the county in which that county board of education has jurisdiction.
   (g) Notwithstanding any other law, the jurisdictional limitations
set forth in this section do not apply to a charter school that
provides instruction exclusively in partnership with any of the
following:
   (1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
   (2) Federally affiliated Youth Build programs.
   (3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
   (4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to 
Sections   Section  14507.5 or 14406 of the Public
Resources Code.
   (5) Instruction provided to juvenile court school pupils pursuant
to subdivision (b) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.