Bill Text: CA SB1213 | 2011-2012 | Regular Session | Amended

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Bill Title: Charter schools: legal claims and actions against public

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-19 - Hearing postponed by committee. [SB1213 Detail]

Download: California-2011-SB1213-Amended.html

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BILL NUMBER: SB 1213	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2012

INTRODUCED BY   Senator Walters

                        FEBRUARY 22, 2012

   An act  to add Section 47610.7 to the Education Code,
  relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1213, as amended, Walters. Charter schools: legal claims and
 actions.   actions against public entities:
analysis by C   alifornia Law Revision Commission. 
   The Charter Schools Act of 1992 authorizes any one or more persons
to submit a petition to the governing board of a school district to
establish a charter school that operates independently from the
existing school district structure as a method of accomplishing
specified goals. Existing law requires a charter school to comply
with its charter and exempts charter schools from the laws governing
school districts except those of the Charter Schools Act of 1992,
those establishing minimum age for public school attendance,
specified building code regulations, and other specified laws.
Existing law deems a charter school to be a school district for
specified purposes, including for purposes of the state's minimum
funding obligation for school districts and community colleges.
   Existing law 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. 
   Existing law establishes in the state government the California
Law Revision Commission and requires the commission to file a report
at each regular session of the Legislature that contains a calendar
of topics selected by it for study. Existing law requires the
commission also to study any topic that the Legislature, by
concurrent resolution or statute, refers to it for study. Existing
law requires the commission to submit its reports, and its
recommendations as to revision of the laws, to the Governor and the
Legislature, and to distribute them to the Governor, the Members of
the Legislature, and the heads of all state departments. 
   This bill would  provide that a charter school is also to
be governed by provisions governing the tort liability and immunity
of, and claims and actions against, public entities and their
officers and employees if the claim or action against a charter
school is the type of claim that, if brought against a public entity,
would be governed by those provisions   require the
commission, by January 15, 2013, to submit to the Legislature its
analysis of the legal and policy implications of treating a charter
school as a public entity for purposes of the law governing the tort
liability and immunity of, and claims and actions against, public
entities and their officers and employees  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    (a)     The
Legislature finds and declares that the California Law Revision
Commission, pursuant to Resolution Chapter 98 of the Statutes of
2009, is analyzing the legal and policy implications of treating a
charter school as a public entity for purposes of Division 3.6
(commencing with Section 810) of Title 1 o   f the
Government Code.  
   (b) The California Law Revision Commission shall submit its
analysis of the legal and policy implications of treating a charter
school as a public entity for purposes of Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code to the
Legislature no later than January 15, 2013.  
  SECTION 1.    Section 47610.7 is added to the
Education Code, to read:
   47610.7.  If a claim or action against a charter school is the
type of claim that, if brought against a public entity, is governed
by Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, the claim or action against the charter school shall
be governed by Division 3.6 (commencing with Section 810) of Title 1
of the Government Code. For purposes of this section and Division
3.6 (commencing with Section 810) of Title 1 of the Government Code,
a charter school is deemed to be a public entity.