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

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Date Published: 04/12/2019 04:00 AM
AB1506:v96#DOCUMENT

Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  April 01, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1506


Introduced by Assembly Members McCarty and O’Donnell

February 22, 2019


An act to amend Section 47602 of the Education Code, relating to charter schools.


LEGISLATIVE COUNSEL'S DIGEST


AB 1506, as amended, McCarty. Charter schools: statewide total: authorization restrictions.
The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. The act provides that the maximum total number of charter schools authorized to operate in this state in the 1998–99 school year is 250, and authorizes an additional 100 charter schools to operate in this state in each successive school year.
This bill would instead authorize the operation of a maximum total number of charter schools in the state equal to the total number of charter schools authorized and operating as of January 1, 2020. The bill would require the department to post on its internet website the statewide limit of charter schools authorized to operate in the state. The bill would prohibit a school district, a county office of education, or the state board from authorizing approving a charter school above 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. The 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.
The bill would authorize a school district, a county office of education, or the state board to only authorize approve a charter petition for one charter school after one charter school closes in its respective jurisdiction. The bill would require a school district, a county office of education, or the state board to give priority to a charter petition to establish a charter school that will not be operated by an entity that is operating another charter school. approve a charter petition for a charter school operated by a nonprofit public benefit corporation only if 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 a nonprofit public benefit corporation. The bill would prohibit a school district, a county office of education, or the state board from authorizing a charter school to increase its enrollment above the number of pupils authorized as of January 1, 2020, unless a previously approved charter petition authorized a greater number of enrolled pupils at that charter school. The bill would prohibit a charter school authorized after January 1, 2020, from increasing its enrollment above the number of pupils authorized in its initial charter petition. The bill, commencing January 1, 2020, would prohibit the authorization of a new nonclassroom-based charter school. The bill would make nonsubstantive changes to those provisions, including deleting an obsolete provision relating to a Legislative Analyst’s Office report.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 47602 of the Education Code is amended to read:

47602.
 (a) (1) The maximum total number of charter schools authorized to operate in this state shall be the total number of charter schools authorized and operating as of January 1, 2020. For purposes of implementing this section, the 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. The number assigned by the state board 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 shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the statewide limit of charter schools. The department shall post on its internet website the statewide limit of charter schools authorized to operate in the state. For purposes of this section, sites that share educational programs and serve similar pupil populations 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.
(2) (A) A school district, a county office of education, or the state board shall not authorize approve a charter school above 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. 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 authorize one approve a charter petition for one charter school after one charter school closes in its respective jurisdiction. Subject
(B) 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 give priority to approve a charter petition submitted under this part to establish a classroom-based charter school that will not be operated by an entity that is operating another charter school. be operated by an entity managing a charter school only if 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.
(3) (A) A school district, a county office of education, or the state board shall not authorize a charter school to increase its enrollment above the number of pupils authorized as of January 1, 2020, unless a previously approved charter petition authorized a greater number of enrolled pupils at that charter school.
(B) A charter school authorized after January 1, 2020, shall not increase its enrollment above the number of pupils authorized in its initial charter petition.

(3)

(4) The limits and restrictions contained in this subdivision shall not be waived by the state board pursuant to Section 33050 or any other law.
(b) A charter petition shall not be granted under this part that authorizes the conversion of a private school to a charter school. 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 shall adopt regulations to implement this section.
(c) 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.
(d) 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.