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SB-1216 Charter schools.(2017-2018)

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Date Published: 03/23/2018 04:00 AM
SB1216:v98#DOCUMENT

Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1216

Introduced by Senator Glazer

February 15, 2018

An act to amend Section 47604.33 of add Section 47604.1 to the Education Code, relating to charter schools.


LEGISLATIVE COUNSEL'S DIGEST


SB 1216, as amended, Glazer. Charter schools: reports. schools.
(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend.
This bill, with respect to the operation of the charter school only, would clarify that the governing body of a charter school is subject to the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act.
This bill would require the governing body of a charter school to hold its meetings within the physical boundaries of the state and in accordance with specified provisions related to those meetings, as provided, including a requirement that, if the governing body of the charter school operates charter schools in multiple school districts, a teleconference location be available within the geographic boundaries of each school district in which the charter schools are located. To the extent that this teleconference location requirement would impose new duties on charter schools, this bill would impose a state-mandated local program.
(2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure.
This bill, with respect to the operation of a charter school only, would clarify that a charter school and the governing body of a charter school are subject to the California Public Records Act.
(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 the statutory provisions noted above.

Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools. Existing law requires each charter school to annually prepare and submit specified reports to its chartering authority and the county superintendent of schools, except as specified.

This bill would make a nonsubstantive change to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

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

47604.1.
 (a) Subject to the limitations of this subdivision and with respect to the operation of a charter school only, a charter school and the governing body of 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) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(b) In addition to the requirements of the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act, the governing body of a charter school shall hold its meetings within the physical boundaries of the state and in accordance with all of the following:
(1) Proper notices pursuant to the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act shall be posted at all charter school facilities.
(2) If the governing body of the charter school operates one or more charter schools within a single school district, governing body meetings shall be held within the geographic boundaries of the school district. If the governing body of the charter school operates charter schools in multiple school districts, governing body meetings shall be held within the geographic boundaries of a school district in which one of the charter schools operates and a teleconference location shall be available within the geographic boundaries of each school district in which the other charter schools are located.
(3) If the governing body of a charter school engages in or conducts activities unrelated to the charter school, meetings of the governing body that address items related to the charter school shall be held in accordance with the Ralph M. Brown Act and shall not include discussion of any item involving activities of the governing body unrelated to the charter school.
(c) Nothing in this section makes those activities unrelated to the charter school subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act.

SEC. 2.

 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.
SECTION 1.Section 47604.33 of the Education Code is amended to read:
47604.33.

(a)Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority:

(1)On or before July 1, a preliminary budget. For a charter school in its first year of operation, the information submitted pursuant to subdivision (g) of Section 47605 satisfies this requirement.

(2)On or before July 1, a local control and accountability plan and an annual update to the local control and accountability plan required pursuant to Section 47606.5.

(3)On or before December 15, an interim financial report. This report shall reflect changes through October 31.

(4)On or before March 15, a second interim financial report. This report shall reflect changes through January 31.

(5)On or before September 15, a final unaudited report for the full prior year.

(b)The chartering authority shall use any financial information it obtains from the charter school, including, but not limited to, the reports required by this section, to assess the fiscal condition of the charter school pursuant to paragraph (4) of subdivision (a) of Section 47604.32.

(c)The cost of performing the duties required pursuant to this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.