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SB-756 Charter schools: moratorium.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
SB756:v98#DOCUMENT

Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 756


Introduced by Senator Durazo

February 22, 2019


An act to amend Section 44973 add and repeal Sections 47602.1 and 47602.2 of the Education Code, relating to school employees. charter schools.


LEGISLATIVE COUNSEL'S DIGEST


SB 756, as amended, Durazo. School employees: certificated employees: leaves of absence. Charter schools: moratorium.
The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law generally requires a petition to establish a charter school to be submitted to the governing board of a school district, and, under specified circumstances, authorizes a petition to be submitted to and approved by a county board of education or the State Board of Education. Existing law prohibits the governing board of a school district from denying a petition to establish a charter school unless it makes written factual findings in support of one or more specific findings.
This bill would express the intent of the Legislature to enact legislation containing specified policies relating to charter schools on or before January 1, 2020, and would prohibit, notwithstanding any other law, the approval of a petition for the establishment of a new charter school until June 30, 2024, unless those specified policies are enacted. The bill would require, during the 2023–24 school year, the Legislative Analyst’s Office to publicly issue a report that answers specified questions relating to charter schools and the effects of the moratorium, or, if applicable, the specified policies enacted by the Legislature.

Existing law authorizes local educational agencies to employ teachers and other certificated persons. Existing law requires, with respect to certificated school employees, that, at the expiration of a leave of absence of an employee, the employee be reinstated in the position held by the employee at the time of the granting of the leave of absence, unless the employee otherwise agrees.

This bill would make nonsubstantive changes in this provision.

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

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


SECTION 1.

 (a) It is the intent of the Legislature in enacting this measure to establish a moratorium on new charter schools, to evaluate the effects of the moratorium, and to lift the charter school moratorium upon completion of the evaluation.
(b) It is further the intent of the Legislature in enacting this measure to promote the value that the primary function of charter schools is to establish locally driven pedagogical innovation that supports California’s system of public education and does not replace or undermine it. Establishment of a charter school moratorium provides time to reconsider whether the current regulatory framework for charter schools is promoting this value.

SEC. 2.

 Section 47602.1 is added to the Education Code, to read:

47602.1.
 (a) Notwithstanding any other law, the approval of a petition for the establishment of a new charter school is prohibited, unless all of the policies identified in subdivision (b) are enacted on or before January 1, 2020.
(b) It is the intent of the Legislature to enact legislation on or before January 1, 2020, that contains the following policies:
(1) A charter school proposed to be located within a school district shall be approved only by the governing board of that school district.
(2) The governing board of a school district shall have complete discretion regarding which schools of the school district and charter schools to place within its jurisdiction.
(3) A charter school shall not locate within a school district without the consent of that school district if the charter school was approved by a jurisdiction other than that school district.
(4) The overall financial, academic, and facilities impact on the schools of the school district shall be considered before a new charter school is approved by a school district.
(5) Statewide and school district charter school caps shall be established that create reasonable limits in order to preserve the viability and success of existing schools of a school district.
(c) This section shall become inoperative on June 30, 2024, and, as of January 1, 2025, is repealed.

SEC. 3.

 Section 47602.2 is added to the Education Code, to read:

47602.2.
 (a) During the 2023–24 school year, the Legislative Analyst’s Office shall publicly issue a report that answers all of the following questions, as applicable:
(1) Are charter schools serving similar numbers of English learners and pupils with disabilities as schools of a school district? Does the racial and ethnic balance of charter schools mirror that of schools of a school district? Which pupils with disabilities are being served and which are being excluded? Which foster children and homeless children are being served and which are being excluded? What is happening to the pupils who are excluded?
(2) Has the charter school moratorium led to fewer school closures and program cuts, especially in school districts in which a majority of pupils are pupils of color?
(3) Do charter schools have a higher rate of pupil attrition than schools of a school district?
(4) How have innovative practices been shared between charter schools and schools of a school district? What was learned and how will the new practice be incorporated into the broader learning community?
(5) How many charter schools are still colocated on the campus of a school of a school district? Has the number been reduced? How have colocations impacted the educational experience of pupils?
(6) Has the moratorium decreased the negative fiscal impact of charter schools on school districts and the state?
(7) Should California lift the charter school moratorium?
(8) If the policies identified in subdivision (b) of Section 47602.1 were enacted, what other impacts on California’s system of public education does each policy change create?
(b) This section shall become inoperative on June 30, 2028, and, as of January 1, 2029, is repealed.

SECTION 1.Section 44973 of the Education Code is amended to read:
44973.

At the expiration of a leave of absence of an employee, the employee shall, unless the employee otherwise agrees, be reinstated in the position held by the employee at the time of the granting of the leave of absence.