Charter schools: petitions and renewals.

(1) 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 authorizes a county board of education to approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. Existing law also authorizes a petition for the operation of a state charter school to be submitted directly to the state board, and authorizes the state board to approve a charter for the operation of a state charter school that may operate at multiple sites throughout the state. 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. Existing law authorizes a charter school to appeal a school district's decision to deny a petition for a charter to the county board of education and, if the county board of education upholds the decision, to appeal the county board of education's decision to the state board. Existing law authorizes a charter to be granted by a chartering authority under designated provisions for a period not to exceed 5 years. Existing law requires that charter renewals are for periods of 5 years. This bill would revise and recast numerous provisions relating to the submission of petitions to establish charter schools, the appeal to county boards of education and to the state board of decisions of the governing boards of school districts to deny approval or renewal of charter schools, and the revocation of charters by chartering authorities. The bill would specify criteria and procedures for the consideration and determination of these issues. The bill would require that a petition to establish a charter school be submitted only to the governing board of the school district or county office of education within the boundaries of which the charter school proposes to locate. The bill would authorize a chartering authority to deny renewal of a charter school upon a finding that the school is demonstrably unlikely to successfully implement the program set forth in the petition due to substantial fiscal or governance factors, or is not serving all pupils who wish to attend, as specified. The bill would prohibit, from January 1, 2020, to January 1, 2022, inclusive, the approval of a petition for the establishment of a new charter school offering nonclassroom-based instruction and funded as specified. (2) Existing law requires teachers in charter schools to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to what a teacher in other public schools would be required to hold. This bill would instead require teachers in charter schools to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher's certificated assignment, except that a person employed as a teacher in a charter school during the 2019–20 school year would have until July 1, 2025, to obtain that certificate, permit, or other document. The bill would require all teachers in charter schools to satisfy specified requirements for professional fitness by July 1, 2020. The bill would require the commission, by June 30, 2022, to conduct a comprehensive study to examine whether existing certificates, permits, or other documents adequately address the needs for noncore, noncollege preparatory courses in all schools and, if necessary, to make recommendations to appropriate policy committees of the Legislature. The bill would require the State Department of Education, in consultation with the State Board of Education, to collect data to track the implementation of the changes in law enacted by the bill. (3) This bill would prohibit certain provisions of the Education Code from being waived by the State Board of Education. The bill, except for the provisions (A) relating to prohibition of the approval of a petition for the establishment of certain new charter schools between January 1, 2020, and January 1, 2022, as described above, and (B) relating to the reimbursement of state-mandated costs, would become operative on July 1, 2020. The bill would also make conforming and nonsubstantive changes. To the extent the bill would impose additional requirements on local educational agencies and charter schools, the bill would impose a state-mandated local program. (4) This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1507 and AB 1595, to be operative only if this bill and AB 1507 or AB 1595, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1595, to be operative only if this bill and AB 1595 are enacted and this bill is enacted last. (6) 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 the statutory provisions noted above.