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AB-2990 Charter schools: educational enrichment activities.(2019-2020)

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Date Published: 06/04/2020 09:00 PM
AB2990:v96#DOCUMENT

Amended  IN  Assembly  June 04, 2020
Amended  IN  Assembly  May 12, 2020
Amended  IN  Assembly  March 09, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2990


Introduced by Assembly Member Cristina Garcia

February 21, 2020


An act to add Article 10.5 (commencing with Section 51820) to Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, relating to pupil instruction. An act to add Section 47613.7 to the Education Code, relating to charter schools.


LEGISLATIVE COUNSEL'S DIGEST


AB 2990, as amended, Cristina Garcia. Pupil instruction: educational enrichment activities. Charter schools: educational enrichment activities.

(1)Existing law establishes a system of public elementary and secondary education in this state. Under this system, the State Department of Education, under the administration of the Superintendent of Public Instruction, carries out numerous functions relating to the governance and funding of schools. Throughout the state, local educational agencies, which include school districts, county offices of education, and charter schools, provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive.

(1) The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law authorizes a charter school that has an approved charter to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education. Existing law requires the state board to establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction offered by charter schools.
This bill would prohibit local educational agencies a charter school from offering any financial incentives to a pupil or prospective pupil or to the parent or guardian of a pupil or prospective pupil for enrollment, referral, retention, or participation in an educational enrichment activity, as defined. The bill would require a local educational agency charter school that offers nonclassroom-based instruction to only enter into an agreement for the provision or arrangement of educational enrichment activities with a vendor that is vetted and approved pursuant to this bill. The bill would authorize a local educational agency charter school that offers nonclassroom-based instruction to expend public funds for the provision or arrangement of educational enrichment activities, provided that all educational enrichment activities, materials, programs, and the organizations that provide educational enrichment activities are nonsectarian.
The bill would require the governing board or governing body of the local educational agencies, a charter school that offers nonclassroom-based instruction, in approving any contract for vendor services for educational enrichment activities, to establish specified policies and procedures to ensure educational value, pupil safety, and fiscal reasonableness, and would further require the local educational agency charter school to certify that vendor services for educational enrichment activities meet designated criteria.
The bill would require a charter school that offers nonclassroom-based instruction to submit the policies and procedures established pursuant to the bill to the chartering authority for consideration and approval as a material revision by July 1, 2021. The bill would also require chartering authorities to perform spot audits to confirm that vendor services for educational enrichment activities comply with the policies and procedures, and meet the criteria, established under the bill. bill, and would require the annual, independent financial audits required of charter schools by existing law to review and report the extent of compliance with specified requirements. Because the bill would impose new duties on any chartering authorities that are local educational agencies, it would constitute a state-mandated local program.
The bill would require approval of the policies and procedures established under the bill to be included in designated annual audit reports. The bill would also require any educational enrichment activity provided by a school charter school that offers nonclassroom-based instruction to be approved and verified by the pupil’s assigned teacher as relevant to a specific educational assignment and educationally appropriate for that pupil.
(2) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 47613.7 is added to the Education Code, to read:

47613.7.
 (a) A charter school shall not offer any financial incentives to a pupil or prospective pupil or to the parent or guardian of a pupil or prospective pupil for enrollment, referral, retention, or participation in an educational enrichment activity. A charter school shall not offer any financial incentive to a teacher for enrollment, referral, or retention of any pupil.
(b) A nonclassroom-based charter school may only enter into an agreement for the provision or arrangement of educational enrichment activities with a vendor that is vetted and approved pursuant to subdivisions (c) and (d). A nonclassroom-based charter school may expend public funds for the provision or arrangement of educational enrichment activities, provided that all educational enrichment activities, materials, programs, and the organizations that provide educational enrichment activities are nonsectarian. Funds that are allocated for an educational enrichment activity shall not be used to pay tuition at a private school.
(c) For purposes of subdivision (b), in approving any contract for vendor services for educational enrichment activities, the governing body of the nonclassroom-based charter school shall establish policies and procedures to ensure educational value, pupil safety, and fiscal reasonableness that, at a minimum, do all of the following:
(1) Ensure a reasonable market value for the service provided.
(2) Require all vendors to provide proof of valid and appropriate insurance, business licenses, or other certification.
(3) Require all vendor personnel responsible for supervising pupils to provide a valid criminal record summary, as described in Section 45125.1.
(4) Require all vendors to have policies and procedures related to pupil and site safety, emergency response, and accident reporting that are reasonable for the instruction or activity.
(5) Require all vendors to provide evidence of qualification and expertise for the activities or instruction to be provided.
(6) Prohibit the nonclassroom-based charter school from paying any vendor for educational enrichment activities before approval.
(d) (1) Sections 17604 and 17605 of this code and Section 20111 of the Public Contract Code shall apply to a nonclassroom-based charter school for all contracts for vendor services for educational enrichment activities. The extent of a nonclassroom-based charter school’s compliance with this paragraph shall be reviewed and reported as part of the annual, independent financial audit that a charter school is required to transmit pursuant to subdivision (m) of Section 47605 or subdivision (m) of Section 47605.6.
(2) A nonclassroom-based charter school shall submit the policies and procedures established pursuant to subdivision (c) to the chartering authority for consideration and approval as a material revision by July 1, 2021.
(e) A nonclassroom-based charter school shall certify that all vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c) and meet the criteria in subdivision (d), and provide that certification to the chartering authority. A chartering authority shall perform spot audits to confirm that the vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c) and meet the criteria in subdivision (d).
(f) Approval of the policies and procedures established in accordance with subdivisions (b) to (d), inclusive, shall be included in the audit reports for each fiscal year developed and reported using the format established by the Controller pursuant to Section 41020.
(g) Any educational enrichment activity provided by a nonclassroom-based charter school shall be approved and verified by the pupil’s assigned teacher as relevant to a specific educational assignment and educationally appropriate for that pupil.
(h) For purposes of this section, the following definitions apply:
(1) “Charter school” means a school established pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2, and includes a nonclassroom-based charter school.
(2) “Educational enrichment activity” includes, but is not necessarily limited to, activities relating to the arts, entertainment, recreation, technology, or other subjects that support the academic program offered by the school and are intended to support the intellectual and social development of pupils.
(3) “Nonclassroom-based charter school” means a charter school that offers nonclassroom-based instruction, as described in Section 47612.5.

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.Article 10.5 (commencing with Section 51820) is added to Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, to read:
10.5.Educational Enrichment Activities
51820.

(a)A local educational agency shall not offer any financial incentives to a pupil or prospective pupil or to the parent or guardian of a pupil or prospective pupil for enrollment, referral, retention, or participation in an educational enrichment activity. A local educational agency shall not offer any financial incentive to a teacher for enrollment, referral, or retention of any pupil.

(b)A local educational agency may only enter into an agreement for the provision or arrangement of educational enrichment activities with a vendor that is vetted and approved pursuant to subdivisions (c) and (d). A local educational agency may expend public funds for the provision or arrangement of educational enrichment activities, provided that all educational enrichment activities, materials, programs, and the organizations that provide educational enrichment activities are nonsectarian. Funds that are allocated for an educational enrichment activity shall not be used to pay tuition at a private school.

(c)For purposes of subdivision (b), in approving any contract for vendor services for educational enrichment activities, the governing board or governing body of the local educational agency shall establish policies and procedures to ensure educational value, pupil safety, and fiscal reasonableness that, at a minimum, do all of the following:

(1)Ensure a reasonable market value for the service provided.

(2)Require all vendors to provide proof of valid and appropriate insurance, business licenses, or other certification.

(3)Require all vendor personnel responsible for supervising pupils to provide a valid criminal records summary, as described in Section 45125.1.

(4)Require all vendors to have policies and procedures related to pupil and site safety, emergency response, and accident reporting that are reasonable for the instruction or activity.

(5)Require all vendors to provide evidence of qualification and expertise for the activities or instruction to be provided.

(6)Prohibit the local educational agency from paying any vendor for educational enrichment activities before approval.

(d)(1)Sections 17604 and 17605 of this code and Section 20111 of the Public Contracts Code shall apply to a charter school for all contracts for vendor services for educational enrichment activities.

(2)A charter school shall submit the policies and procedures established pursuant to subdivision (c) to the chartering authority for consideration and approval as a material revision by July 1, 2021.

(e)A local educational agency other than a charter school shall certify that all vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c). A charter school shall certify that all vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c) and meet the criteria in subdivision (d), and provide that certification to the chartering authority. A chartering authority shall perform spot audits to confirm that the vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c) and meet the criteria in subdivision (d).

(f)Approval of the policies and procedures established in accordance with subdivisions (b) to (d), inclusive, shall be included in the audit reports for each fiscal year developed and reported using the format established by the Controller pursuant to Section 41020.

(g)Any educational enrichment activity provided by a school shall be approved and verified by the pupil’s assigned teacher as relevant to a specific educational assignment and educationally appropriate for that pupil.

51821.

For purposes of this article, the following definitions apply:

(a)“Educational enrichment activity” includes, but is not necessarily limited to, activities relating to the arts, entertainment, recreation, technology, or other subjects that support the academic program offered by the school and are intended to support the intellectual and social development of pupils.

(b)“Local educational agency” means a school district, county office of education, or charter school.

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.