Bill Text: CA AB824 | 2021-2022 | Regular Session | Amended
Bill Title: Local educational agencies: county boards of education: governing boards of school districts: governing bodies of charter schools: pupil members.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 669, Statutes of 2021. [AB824 Detail]
Download: California-2021-AB824-Amended.html
Amended
IN
Assembly
April 14, 2021 |
Introduced by Assembly Member Bennett |
February 16, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1000 of the Education Code is amended to read:1000.
(a) Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven members to be determined by the county committee on school district organization. Each member of the board shall be an elector of the trustee area that the member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.(a)For purposes of this section, an “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent with Section 47604. An entity that is not authorized to operate a charter school pursuant to Section 47604 is not an “entity managing a charter school” solely because it contracts with a charter school to provide to that charter school goods or task-related services that are performed at the direction of the governing body of the charter school and for which the governing body retains ultimate decisionmaking authority.
(b)A charter school and an entity managing a charter school shall be 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 pursuant to Chapter 5 (commencing with Section 47620) shall be subject to 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) regardless of the authorizing entity.
(2)(A)The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(B)(i)The chartering authority of a charter school shall be the custodian of records with regard to any request
for information submitted to the charter school if either of the following apply:
(I)The charter school is located on a federally recognized California Indian reservation or rancheria.
(II)The charter school is operated by a nonprofit public benefit corporation that was formed on or before May 31, 2002, and is currently operated by a federally recognized California Indian tribe.
(ii)This subparagraph does not allow a chartering authority to delay or obstruct access to records otherwise required under 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)(A)The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(B)For purposes of Section 87300 of the Government Code, a charter school and an entity managing a charter school shall be considered an agency and is the most decentralized level for purposes of adopting a conflict-of-interest code.
(c)(1)(A)The governing body of one charter school shall meet within the physical boundaries of the county in which the charter school is located.
(B)A two-way teleconference location
shall be established at each schoolsite.
(2)(A)The governing body of one nonclassroom-based charter school that does not have a facility or operates one or more resource centers shall meet within the physical boundaries of the county in which the greatest number of pupils who are enrolled in that charter school reside.
(B)A two-way teleconference location shall be established at each resource center.
(3)(A)For a governing body of an entity managing one or more charter schools located within the same county, the governing body of the entity managing a charter school shall meet within the physical boundaries of the county in which that charter school or schools are
located.
(B)A two-way teleconference location shall be established at each schoolsite and each resource center.
(4)(A)For a governing body of an entity that manages two or more charter schools that are not located in the same county, the governing body of the entity managing the charter schools shall meet within the physical boundaries of the county in which the greatest number of pupils enrolled in those charter schools managed by that entity reside.
(B)A two-way teleconference location shall be established at each schoolsite and each resource center.
(C)The governing body of the entity managing the charter schools shall audio
record, video record, or both, all the governing board meetings and post the recordings on each charter school’s internet website.
(5)This subdivision does not limit the authority of the governing body of a charter school and an entity managing a charter school to meet outside the boundaries described in this subdivision if authorized by Section 54954 of the Government Code, and the meeting place complies with Section 54961 of the Government Code.
(d)Notwithstanding 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 shall not be disqualified from serving as a member of the governing body of the charter school because of that employee’s employment status. A member of the governing body of a
charter school who is also an employee of the charter school shall abstain from voting on, or influencing or attempting to influence another member of the governing body regarding, all matters uniquely affecting that member’s employment.
(e)(1)There may be submitted to the governing body of a charter school attended by high school pupils a pupil petition requesting the governing body of the charter school to appoint one or more pupil members to the governing body of the charter school pursuant to this section.
(2)The petition shall contain the signatures of not less than 10 percent of the number of pupils regularly enrolled in high school within the charter school. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its
next regularly scheduled meeting if no meeting is held within those 60 days, the governing body of the charter school shall order the inclusion within the membership of the governing body of the charter school, in addition to the number of members otherwise prescribed, at least one pupil member. The governing body of the charter school may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the governing body of a charter school shall, commencing July 1, 2022, and each year thereafter, order the inclusion within the membership of the governing body of the charter school, in addition to the number of members otherwise prescribed, at least one pupil member. The governing body of a charter school may order the inclusion of more than one pupil member. The governing body of a
charter school may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing body of a charter school determines the pupil member is not fulfilling their duties. If the governing body of a charter school appoints an alternate pupil member, the governing body of a charter school shall suspend the prior pupil member’s rights and privileges related to service on the governing body of a charter school.
(4)Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school, except executive sessions.
(5)Any pupil selected to serve as a member of the governing body of a charter school shall be enrolled in high school within the charter school, may be less than
18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with procedures prescribed by the governing body of the charter school. The term of a pupil member shall be one year, commencing on July 1 of each year.
(6)(A)A pupil member shall be seated with the members of the governing body of a charter school, and shall be recognized as a full member of the governing body of a charter school at the meetings, including receiving all open meeting materials presented to the board members at the same time the materials are presented to the other board members, being invited to staff briefings of board members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other board members, being invited to attend other functions of the
governing board of a charter school, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other board members between open meetings, except for materials that pertain to closed session items.
(7)The pupil member shall not be liable for any acts of the governing body of a charter school.
(8)A majority vote of all voting board members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school.
(f)Pupil members of the
governing body of a charter school shall not be considered members of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(g)To the extent a governing body of a charter school or an
entity managing a charter school engages in activities that are unrelated to a charter school, Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), 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), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) shall not apply with regard to those unrelated activities unless otherwise required by law.
(h)A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include the discussion of any item regarding an activity of the governing body that is unrelated to the operation of the charter school.
(i)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.