Bill Text: CA AB360 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charter schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2012-08-28 - Ordered to inactive file at the request of Assembly Member Brownley. [AB360 Detail]

Download: California-2011-AB360-Amended.html

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BILL NUMBER: AB 360	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 14, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 360, as amended, Brownley. Charter 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 would expressly state that a charter school is subject
to the Ralph M. Brown Act, unless it is operated by an entity
governed by the Bagley-Keene Open Meeting Act, in which case the
school would be subject to the Bagley-Keene Open Meeting Act.
   (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 would expressly state that a charter school is subject
to the California Public Records Act.
   (3) Existing law prohibits certain public officials, including,
but not limited to, members of governing boards of school districts
and citizens' oversight committees, from engaging in specified
activities that are inconsistent or incompatible with, or inimical
to, their duties as public officials, including, but not limited to,
entering into a contract in which the official or the official's
family member has a financial interest, as specified.
   This bill would expressly state that a charter school is subject
to these provisions.
   (4) The Political Reform Act of 1974 requires every state agency
and local governmental agency to adopt a conflict-of-interest code,
formulated at the most decentralized level possible, that requires
designated employees of the agency to file statements of economic
interest disclosing any investments, business positions, interests in
real property, or sources of income that may foreseeably be affected
materially by any governmental decision made or participated in by
the designated employee by virtue of his or her position.
   This bill would expressly state that a charter school is subject
to the Political Reform Act of 1974.
   (5) This bill would state various exceptions and clarifications
regarding the applicability of the acts described above in paragraphs
(1) to (4), inclusive.
   (6) Existing law requires a member of the governing board of a
school district to abstain from voting on personnel matters that
uniquely affect a relative of the member.
   This bill would provide that an employee of a charter school is
not disqualified from serving as a member of the governing body of
the charter school because of that employment status. The bill would
require a member of the governing body of a charter school to abstain
from voting on any matter affecting his or her own employment or any
personnel matter that uniquely affects a relative of the member.
   (7) The bill would make these provisions operative on July 1,
2012.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature in enacting this
act to do all of the following:
   (a) Establish conflict-of-interest policies for the governing
board of charter schools that mirror existing conflict-of-interest
policies followed by the governing board of school districts.
   (b) Provide transparency in the operations of the many charter
schools that are providing quality educational options for parents
and pupils and renew the faith of parents and the community that
their local charter school is acting in the best interests of pupils.

   (c) Continue to provide greater autonomy to charter schools than
traditional public schools and provide greater transparency to
parents and the public with regard to the use of public funds by the
governing board of charter schools for the educational benefit of
their pupils.
   (d) Establish standards and procedures consistent with the Charter
Schools Act of 1992 to avoid conflicts of interest in charter
schools.
  SEC. 2.  Section 47604.1 is added to the Education Code, to read:
   47604.1.  (a) 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.  A charter school is also
subject to Section 35147. 
   (2) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code).
   (3) Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code.
   (4) The Political Reform Act of 1974 (Title 9 (commencing with
Section 81000) of the Government Code).
   (b) Notwithstanding  Section 1090   Article 4
(commencing with Section 1090) of Chapter 1 of Division 4 of Title 1
 of the Government Code, an employee of a charter school is not
disqualified because of that employment status from also serving as
a member of the governing body of the charter school. A member of the
governing body of a charter school shall abstain from voting on all
matters  uniquely  affecting his or her own employment.
   (c) A member of the governing body of a charter school shall
abstain from voting on personnel matters that uniquely affect a
relative of the member but may vote on collective bargaining
agreements and personnel matters that affect a class of employees to
which the relative belongs. For purposes of this section, "relative"
means an adult who is related to the person by blood or affinity
within the third degree, as determined by the common law, or an
individual in an adoptive relationship within the third degree.
   (d) A person who is disqualified by the California Constitution or
laws of the state from holding a civil office shall not serve on the
governing body of a charter school.
   (e) To the extent that the governing body of a charter school
engages in activities that are not related to the operation of the
charter school, this section does not make those unrelated activities
subject to  Section 1090 of the Government Code,  the Ralph
M. Brown Act, the Bagley-Keene Open Meeting Act, or the California
Public Records Act. A meeting of the governing body of a charter
school to discuss items related to the operation of the charter
school shall not include discussion of any item regarding an activity
of the governing body that is not related to the operation of the
charter school.
   (f) The governing body of a charter school may meet within the
physical boundaries of the county or counties in which one or more of
the school's facilities are located provided that proper notices
pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting
Act are posted within the physical boundaries of each of the counties
in which any of the school's facilities is located. A charter school
also may meet in a county contiguous to the county where one or more
of the school's facilities are located if at least 10 percent of the
pupils who are enrolled in the school reside in that contiguous
county. A nonclassroom-based charter school that does not have a
facility may meet within the boundaries of the county in which the
greatest number of pupils who are enrolled in the school reside. 
This subdivision does not limit the authority of the governing body
to meet outside these boundaries to the extent authorized by Section
54954 of the Government Code, provided that the meeting place is in
compliance with Section 54961 of the Government   Code.

   (g) The governing body of a charter school may hold closed
sessions to consider a matter regarding pupil discipline as described
in Section 48912. 
   (h) For purposes of the Political Reform Act of 1974, the
jurisdiction of a charter school shall be the county or counties in
which the school's facility or facilities are located. The
jurisdiction for a nonclassroom-based charter school that does not
have a facility shall be the physical boundaries of the county or
counties where at least 10 percent of the pupils who are enrolled in
the school reside or, if at least 10 percent of the pupils do not
reside in a single county, the county in which the greatest number of
pupils who are enrolled in the school reside.  
   (i) 
    (h)  A statement of economic interest that is filed by a
designated person at a charter school after the required deadline
pursuant to the Political Reform Act of 1974 shall not be the sole
basis for revocation of a charter pursuant to Section 47607. 

   (j) 
    (i)  For purposes of this section, "facility" means a
charter school campus, resource center, meeting space, or satellite
facility. 
   (k) 
    (j)  This section shall become operative on July 1,
2012.