Bill Text: CA SB108 | 2009-2010 | 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 (Republican 1-0)

Status: (Engrossed - Dead) 2009-06-25 - Hearing postponed by committee. [SB108 Detail]

Download: California-2009-SB108-Amended.html

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BILL NUMBER: SB 108	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  MARCH 23, 2009

INTRODUCED BY   Senator Walters

                        JANUARY 27, 2009

   An act to amend Section  47612 of the Education 
 6528 of the Government  Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 108, as amended, Walters.  Charter Schools: government
tort claims.  Charter schools.  
   (1) Existing law provides that a charter school, including a
charter school operated as or by a nonprofit public benefit
corporation, may be considered a public agency, as defined, for the
purpose of being eligible for membership in a joint powers agreement
for risk-pooling.  
   This bill, in addition, would prohibit a joint powers authority
for risk-pooling from refusing to admit to membership or provide
coverage to a charter school, including a charter school operated as
or by a nonprofit public benefit corporation, or a school district
that operates a charter school, solely on the basis that the school
under consideration is a charter school or the district under
consideration operates a charter school. By limiting the discretion
of joint powers authorities, this bill would impose a state-mandated
local program.  
   Existing law, the California Tort Claims Act, governs the tort
liability and immunity of, and claims and actions against, public
entities and their officers and employees. A public entity, as
defined, is not liable for an injury, except as otherwise provided by
statute, whether the injury arises out of an act or omission of the
public entity or a public employee or any other person.

   The Charter Schools Act of 1992 specifies that a charter school is
deemed to be a school district for purposes of statutory provisions
regarding apportionments from the State School Fund, allowances for
transportation, and state lottery funds and provisions of the
California Constitution regarding the calculation of the minimum
amount of funding for the support of school districts and community
college districts.  
   This bill would specify that a charter school shall be deemed a
political subdivision for purposes of the California Tort Claims Act
and other specified statutory provisions regarding public agencies.
By subjecting charter schools to the duties imposed on public
agencies by these statutory provisions, this bill would impose a
state-mandated local program.  
   The 
    (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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 6528 of the  
Government Code   is amended to read: 
   6528.   (a)    A charter school, including a
charter school organized pursuant to Section 47604 of the Education
Code, may be considered a public agency, as defined in Section 6500,
for the purpose of being eligible for membership in a joint powers
agreement for risk-pooling. 
   (b) A joint powers authority for risk-pooling shall not refuse to
admit to membership or provide coverage to a charter school,
including a charter school organized pursuant to Section 47604 of the
Education Code, or a school district that operates a charter school,
solely on the basis that the school under consideration is a charter
school or the district under consideration operates a charter
school.  
  SECTION 1.    Section 47612 of the Education Code
is amended to read:
   47612.  (a) A charter school shall be deemed to be under the
exclusive control of the officers of the public schools for purposes
of Section 8 of Article IX of the California Constitution, with
regard to the appropriation of public moneys to be apportioned to a
charter school, including, but not limited to, appropriations made
for the purposes of this chapter.
   (b) The average daily attendance in a charter school shall not be
generated by a pupil who is not a California resident. To remain
eligible for generating charter school apportionments, a pupil over
19 years of age shall be continuously enrolled in public school and
make satisfactory progress towards award of a high school diploma.
   (c) A charter school shall be deemed to be a "school district" for
purposes of Article 1 (commencing with Section 14000) of Chapter 1
of Part 9 of Division 1 of Title 1, Section 41301, Section 41302.5,
Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of
Division 3, Section 47638, and Sections 8 and 8.5 of Article XVI of
the California Constitution.
   (d) A charter school shall be deemed a "political subdivision" for
purposes of Division 3.6 (commencing with Section 810) of Title 1
of, Chapter 23 (commencing with Section 7530) of Division 7 of Title
1 of, and Article 3 (commencing with Section 53050) of Chapter 1 of
Part 1 of Division 2 of Title 5 of the Government Code. 
  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.