This bill would establish a procedure for a school district to convert to a "home rule" school district by a resolution of the district's governing board. The bill also establishes a procedure for granting home rule petitions for the establishment of new home rule school districts through the State Board of Education. Under this bill a home rule school district would be treated as a charter school.

Chapter 849, Statutes of 1996 (SB 1883, Hayden), lifted the cap on the total number of charter schools in the state, set at 100, to 112, with the last 12 reserved for Los Angeles Unified School District.

AB-385 is very similar to AB-66 (Goldsmith), from the 1995-96 Session, which was vetoed by the Governor because of the requirement that home rule districts hire only credentialed teachers and retain existing collective bargaining provisions.

Under current law, a group or individual may circulate a petition to create a "charter school" within an existing public school district. A charter school, with some exceptions, is governed by the provisions of the charter, rather than the requirements of state law, local policies, or local collective bargaining agreements. Charters must include a variety of provisions including pupil achievement, governance of the school, admissions, discipline, staff qualifications, certain employee rights, and a number of other criteria. Charter petitions must be signed by at least half of the teachers at the school (or by 10% of the teachers district-wide) and approved by the school district's governing board. Current law, which allows for the creation of 112 charter schools in the state (Chapter 849, Statutes of 1996 (SB 1883, Hayden)), lifted the cap on the total number of charter schools in the state, set at 100, with the last 12 reserved for Los Angeles Unified School District.

On December 11, 1997, SRI International completed the interim evaluation of charter schools that was required by AB 2135 (Mazzoni), Chapter 767, Statutes of 1996. However, the evaluation does not speak specifically to the issue of home rule school districts.

According to the California Teachers' Association, the sponsor of AB-385, the bill would free participating school districts from the provisions of the Education Code, while preserving provisions relating to collective bargaining agreements. Under the bill, the new home school districts must use credentialed teachers and be evaluated. The 20 home rule school districts petitions, approved by the State Board of Education, must contain the same descriptions of academic standards, operating procedures, and parental involvement as charter schools.

Specifically, AB-385 requires that school district governing boards enact a resolution stating the district's willingness to be presented with home rule petitions and acknowledging the district's responsibility to pay for the costs of verifying signatures on any petition.

The home rule district charter petitions must be signed by 50 percent of the teachers in the district. The revocable charter itself must include a specific program description, but may not alter the existing statutory requirements related to the membership and election of school district governing boards.

AB-385 requires that home rule school districts recognize existing collective bargaining laws, statutory due process rights for certificated employees, and civil service and merit systems for classified employees.

The bill limits the number of home rule school districts that may operate during a school year to 20 and specifies that, for 1998-99, 1999-2000 and 2000-2001, no more than five of the 20 home rule districts approved by the State Board of Education may be districts with operating budgets in excess of $100 million.

School districts over 400,000 Average Daily Attendance would not be permitted to become a home rule school district.

The bill also requires the Legislative Analyst to contract for an evaluation of home rule school districts and present the results to the Legislature and Governor by January 1, 2004.

AB-385 contains ambiguous language relating to the retirement system coverage for teachers within the home rule school districts and should be clarified with amendments.

Program - None.

Administrative - STRS staff notes an increased work load, however, absorbable within existing resources.

POSITION - Neutral If Amended

AB-385 should be amended to reflect the retirement system coverage for employees of the home rule school districts created under the bill.

 
Assembly Bill 385 posted: May 21, 1998