Today's Law As Amended

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AB-709 Charter schools.(2015-2016)



SECTION 1.
 It is the intent of the Legislature in enacting this act to do both of the following:
(a) Ensure that charter school governance is transparent.
(b) Ensure that monitoring and oversight of charter schools are conducted to protect the public interest.

SEC. 2.

 Section 47604.1 is added to the Education Code, to read:

47604.1.
 (a) A charter school is subject to all of the following:
(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity.
(2) (A) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(B) Notwithstanding any other law, a public records request made to a charter school that meets the criteria specified in clauses (i) and (ii) shall be executed by the chartering authority. In order for the chartering authority to meet the public records request, the charter school shall provide all relevant documentation to the chartering authority for the purpose of meeting the public records request.
(i) The charter school is located on a federally recognized California Indian reservation or rancheria.
(ii) The charter school is operated by a nonprofit public benefit corporation that was formed on or before May 31, 2002, and is currently operated by a federally recognized California Indian tribe.
(3) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code.
(4) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). For purposes of Section 87300 of the Government Code, a charter school shall be considered an agency.
(b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, an employee of a charter school is not disqualified because of that employment status from also serving as a member of the governing body of the charter school. Such a member of the governing body of a charter school shall abstain from voting on, or influencing or attempting to influence another member of the governing body concerning, all matters uniquely affecting his or her own employment.
SEC. 3.
 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.
SEC. 4.
 The Legislature finds and declares that Section 2 of this act, which adds Section 47604.1 to the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect tribal sovereignty, it is necessary for the chartering authority of some charter schools located on federally recognized California Indian reservations or rancherias to execute public records requests made to those charter schools.