Today's Law As Amended

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AB-1506 Charter schools: statewide total: authorization restrictions.(2019-2020)



SECTION 1.

 Section 47602 of the Education Code is amended to read:

47602.
 (a) (1) In the 1998–99 school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the 1999–2000 school year, and in each successive school year thereafter, an additional 100 charter schools are authorized to operate in this state each successive school year. For the  For  purposes of implementing this section, the State Board of Education  state board  shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section 47605 or Section 47605.8 and to each charter notice it receives pursuant to this part, based on the chronological order in which the notice is received. Each The  number assigned by the state board on or after January 1, 2003,  shall correspond to a single petition that identifies a charter school that will operate within the geographic and site limitations of this part. The State Board of Education  state board  shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the existing limit on the number of charter schools that can be approved each year.  limitations of this section.  For purposes of this section, sites that share educational programs and serve similar pupil populations may shall  not be counted as separate schools. Sites that do not share a common educational program shall be considered separate schools for purposes of this section. The limits contained in this paragraph may not be waived by the State Board of Education pursuant to Section 33050 or any other provision of law. 
(2) (A) Except as provided in subparagraph (B), a school district, a county office of education, or the state board shall not approve a charter petition if approval would increase the number of operating charter schools authorized by the respective entity above the number of operating charter schools authorized by that entity as of January 1, 2020, or if approval would increase the total charter school enrollment authorized by the respective entity above the total charter school enrollment authorized by that entity as of January 1, 2020. A school district, a county office of education, or the state board may only approve a charter petition for one charter school after one charter school closes in its respective jurisdiction.
(B) Notwithstanding subparagraph (A), a school district, a county office of education, or the state board may approve a petition for the establishment of a new charter school within the boundaries of a school district or county office of education only if both of the following are satisfied:
(i) As of January 1, 2020, less than 10 percent of the average daily attendance of pupils attending school within the boundaries of the school district or county office of education in which the charter school would be located are enrolled in charter schools.
(ii) Approval of the petition would not result in more than 10 percent of the average daily attendance of pupils attending school within the boundaries of the school district or county office of education in which the charter school would be located being enrolled in charter schools.
(2) (C)  By July 1, 2003, the Legislative Analyst shall, pursuant to the criteria in Section 47616.5, report to the Legislature on the effectiveness  Subject to the limitations of this subdivision, and notwithstanding any other law, a school district, a county office of education, or the state board shall not approve a charter petition submitted under this part to establish a classroom-based charter school that will be operated by an entity managing a charter school unless, within 180 days from the submission  of the charter school approach authorized under this part and recommend whether to expand or reduce the annual rate of growth of charter schools authorized pursuant to this section. petition, the school district, county office of education, or state board has not received a charter petition for a charter school that will be operated in any manner other than by an entity managing a charter school. 
(b) The limits and restrictions contained in this section shall not be waived by the state board pursuant to Section 33050 or any other law.
(b) (c)  No A  charter petition  shall not  be granted under this part that authorizes the conversion of any a  private school to a charter school. No A  charter school shall not  receive any public funds for a pupil if the pupil also attends a private school that charges the pupil’s family for tuition. The State Board of Education  state board  shall adopt regulations to implement this section.
(d) Notwithstanding any other law, commencing January 1, 2020, a school district, a county office of education, or the state board shall not authorize a new nonclassroom-based charter school.
(e) For purposes of this section, “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent with Section 47604.