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AMENDED IN SENATE JUNE 29, 2010AMENDED IN ASSEMBLY APRIL 26, 2010AMENDED IN ASSEMBLY APRIL 14, 2010AMENDED IN ASSEMBLY MARCH 10, 2010
california legislature
2009
10 regular session
ASSEMBLY BILL  No. 1741
Introduced by Assembly Member Coto
February 8, 2010An act to amend Sections 47605, 47607, and 53202
and 47607 
of the Education Code, relating to public
charter 
schools.
legislative counsel
s digest
AB 1741, as amended, Coto. Charter schools.Existing law authorizes one or more persons seeking to establish acharter school within a school district to submit a petition to thegoverning board of the school district for review. The governing boardmay deny the petition if it makes certain
f
ndings.This bill would also authorize a governing board to deny a petitionfor the establishment of a charter school in which
if the petitioner reasonably expects that 
at least 15% of the pupils who will be servedare
by the school will be
English learners, and the petition does notcontain a reasonably comprehensive description of certain programrequirements relating to the needs of English learners. The bill wouldalso require the entity that granted the charter, prior to renewing it, toconsider the degree to which the school implemented those programsin determining whether the school
s academic performance is at least
Corrected 7-14-10
See last page. 95
 
equal to that of the other schools in the school district, prior to renewingit.Existing law requires the local educational agency governing a schoolidenti
f
ed as a persistently lowest achieving school to implement oneof 4 interventions, as speci
f
ed under certain federal regulations andguidelines. Under the restart model, one of the speci
f
ed interventions,a local educational agency would convert a school, or would close andreopen a school, under a charter school operator, a charter managementorganization, or an education management organization.This bill would require a petition for the establishment or renewal of a charter school pursuant to those provisions to meet the requirementsthat would otherwise apply to charter schools. By imposing additionalrequirements on local educational agencies, the bill would impose astate-mandated local program.The California Constitution requires the state to reimburse localagencies 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 Mandatesdetermines that the bill contains costs mandated by the state,reimbursement for those costs shall be made pursuant to these statutoryprovisions.
Vote:   majority. Appropriation:   no. Fiscal committee:   yes
no
.State-mandated local program:   yes
no
.
The people of the State of California do enact as follows:
12345678910111213SECTION 1. The Legislature
f
nds and declares the following:(a)
SECTION 1. The Legislature
f
nds and declares that 
SenateBill 1, enacted as Chapter 2 of the Fifth Extraordinary Session of the Statutes of 2010, requires the local educational agency of aschool identi
f
ed as a persistently lowest achieving school toimplement one of four intervention models speci
f
ed under federalprovisions for purposes of implementing the federal Race to theTop program. Pursuant to one of those intervention models, therestart model, a local educational agency would convert a school,or close and reopen a school, under a charter school operator, acharter management organization, or an education managementorganization.
95
 
2
 
AB 1741
 
123456789101112131415161718192021222324252627282930313233343536373839(b)  The option of converting a school to a charter school can betroubling to parents of and advocates for English learners. Littledata is maintained about the success of English learners in charterschools, and English learners are conspicuously underrepresentedin the enrollment of many charter schools.SEC. 2. Section 47605 of the Education Code is amended toread:47605. (a)  (1)  Except as set forth in paragraph (2), a petitionfor the establishment of a charter school within a school districtmay be circulated by one or more persons seeking to establish thecharter school. A petition for the establishment of a charter schoolshall identify a single charter school that will operate within thegeographic boundaries of that school district. A charter schoolmay propose to operate at multiple sites within the school district,as long as each location is identi
f
ed in the charter school petition.The petition may be submitted to the governing board of the schooldistrict for review after either of the following conditions are met:(A)  The petition has been signed by a number of parents or legalguardians of pupils that is equivalent to at least one-half of thenumber of pupils that the charter school estimates will enroll inthe school for its
f
rst year of operation.(B)  The petition has been signed by a number of teachers thatis equivalent to at least one-half of the number of teachers that thecharter school estimates will be employed at the school during its
f
rst year of operation.(2)  A petition that proposes to convert an existing public schoolto a charter school that would not be eligible for a loan pursuantto subdivision (b) of Section 41365 may be circulated by one ormore persons seeking to establish the charter school. The petitionmay be submitted to the governing board of the school district forreview after the petition has been signed by not less than 50 percentof the permanent status teachers currently employed at the publicschool to be converted.(3)  A petition shall include a prominent statement that asignature on the petition means that the parent or legal guardianis meaningfully interested in having his or her child or ward attendthe charter school, or in the case of a teacher
s signature, meansthat the teacher is meaningfully interested in teaching at the charterschool. The proposed charter shall be attached to the petition.
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AB 1741
 
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