Legislative Update

This table summarizes legislation impacting California charter schools. Bills that have not yet been enacted into law are identified as "INTRODUCED" in the House column.
Legislative SessionHouseNumberDescriptionLinkCategory
2015-2016AB1639The Eric Paredes Sudden Cardiac Arrest Prevention Act requires a charter school that elects to conduct athletic activities to have the participating student's parent or guardian, sign and return an acknowledgment of receipt for an information sheet on sudden cardiac arrest each school year before the student participates in an athletic activity.

The law also requires an athletic director, coach, athletic trainer or authorized person, as defined under the law, to remove from participation a student who passes out or faints while participating in or immediately following an athletic activity, and requires a coach of an athletic activity to complete a sudden cardiac arrest training course every other school year.

The law also imposes penalties after July 1, 2019 for a violation of the provision requiring a coach to complete a sudden cardiac arrest training course.
Bill TextEducation Law
2017-2018AB10This bill requires a public school maintaining any combination of classes from grade 6 to grade 12, inclusive, that meets a 40% pupil poverty threshold specified in federal law to stock 50% of the school’s restrooms with feminine hygiene products.

The bill also prohibits a public school from charging for any menstrual products, including feminine hygiene products, provided to pupils.
Bill TextEducation Law
2017-2018AB168Prohibits an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant.

The law also prohibits an employer from seeking salary history information about an applicant for employment and requires an employer (upon reasonable request) to provide the pay scale for a position to an applicant for employment.

This law does not prohibit employee from voluntarily providing salary history information and does not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified.

A violation of this law is a misdemeanor offense.
Bill TextEmployment Law
2017-2018AB406Prohibits “for profit” charter school operation. The law defines what "for profit" operation means, and it includes but is not limited to a for profit entity nominating, appointing, or removing board members or officers of the charter school. This bill also requires that any contract for services with a for-profit entity must be reviewed and approved by the Board of the charter school before services begin.Bill TextEducation Law
2017-2018AB500Charter schools must develop and provide a written employee code of conduct concerning employee-pupil interaction to parents/guardians starting July 1, 2018. Schools must also post the code on the school's web site.Bill TextEducation Law
2017-2018AB841Existing law prohibits the sale of foods at school with trans fats and limits the sale of competitive snack foods to fruit, vegetable, dairy, protein, or whole grain-rich food items. This law also prohibits advertising food or beverages during the school day or participating in a corporate incentive program that rewards pupils with free or discounted foods or beverages that do not comply with State nutritional standards. The law also requires schools to review the policy prohibiting such actions annually.Bill TextEducation Law
2017-2018AB1008This law prohibits use of criminal history as a factor in decision to employ unless a written explanation of the decision is provided to the employee. We include this law to clarify that it does NOT apply to public agencies required to perform background checks, such as charter schools.Bill TextEmployment Law
2017-2018AB1248Allows students to wear traditional tribal regalia or items of religious, cultural and tribal significance to school graduation ceremonies.

Still allows school to limit items that would create a substantial disruption of, or material interference with, the school ceremony. Charter schools should develop an appropriate policy aligned with this law.
Bill TextEducation Law
2017-2018AB1360This law fundamentally rewrites suspension and expulsion requirements for charter schools, as well as clarifying requirements for admission to a charter school.Bill TextEducation Law
2017-2018AB1747Requires charter schools to create a comprehensive school safety plan pursuant to the requirements of Ed. Code. Also requires school safety plans to be reviewed and updated annually by March 1.
Bill TextEducation Law
2017-2018AB1808An omnibus trailer bill that requires the CDE to establish a standard English language teacher observation protocol for use by teachers in evaluating a pupil’s level of English language acquisition. Also requires the CDE to develop and make available to schools professional development tools to train teachers on the new protocol.
Bill TextEducation Law
2017-2018AB1808An omnibus trailer bill. that amended Ed. Code section 52064.1 to require the State Superintendent to develop a template to be used by charter schools to provide a local control funding formula budget overview for parents.. This form must be developed by 12/31/2018 and all charter schools must complete the LCFF overview using the new form by 7/1/2019 and each year thereafter.Bill TextEducation Law
2017-2018AB1861Requires charter schools to provide information to students about how social media and mobile device applications are used for human trafficking.Bill TextEducation Law
2017-2018AB1871Commencing with 2019–20 school year, requires a charter school to provide each “needy pupil” with one nutritionally adequate free or reduced-price meal during each school day.

This law applies to independent study programs when a student is on site for more than 2 hours in a day.

For charters opening after July 1, 2019, the program must be implemented no later than July 1 of the school year after opening and the school must provide written notice to parents disclosing the period of time for which the charter school will not offer the program.

The law also requires chartering authority to, upon request by a charter school and to the extent feasible within existing resources, provide technical assistance to the charter school in implementing the law.
Bill TextEducation Law
2017-2018AB1962This law mandates that no later than the 2020-21 fiscal year the definition of “foster youth” for purposes of LCFF unduplicated count includes a dependent child of a court of an Indian tribe, consortium of tribes or tribal organization.Bill TextEducation Law
2017-2018AB1974The Public School Fair Debt Collection Act mandates that a pupil can never owe or be billed for a debt owed to a charter school.

The law also prohibits a charter school from taking any negative actions against a pupil because of a debt, prohibits a debt collector from making a negative credit report for such a debt and prohibits a charter school from selling debt to debt collector.

The law also requires a charter school to provide an itemized invoice and a receipt for any such debt.

Finally, the law prohibits waiver of any of the bill’s provisions.

We would note that debt owed as a result of vandalism or the replacement cost of books, supplies, or property loaned to a pupil that the pupil fails to return or that is willfully cut, defaced, or otherwise injured is excepted from this law unless the pupil is a current or former homeless child or youth.
Bill TextEducation Law
2017-2018AB2009Requires a charter school offering any interscholastic athletic program to purchase at least one Automated External Defibrillator by July 1, 2019.

The charter school must also ensure that it is maintained and regularly tested and that there is a written emergency plan in place and posted relating to sudden cardiac arrest and other medical emergencies related to the athletic program’s activities or events.

Finally, the law provides certain limitations on liability for charter schools related to use or nonuse of the AED as long as the school complies with the law.
Bill TextEducation Law
2017-2018AB2015Commencing with the 2020-21 academic year, all charter schools must provide pupils with information on how to complete the Free Application for Federal Student Aid (FAFSA) or California Dream Act financial aid application at least once before the student enters grade 12. A paper copy of the application must be provided to pupils/parents/guardians upon request.Bill TextEducation Law
2017-2018AB2022A charter school needs to notify parents and pupils at least two times per school year about how to access pupil mental health services on campus or in the community or both.

A charter school must also notify both parents and pupils in at least two ways, and slightly different options exist in statute for parents versus students.

Finally, charter schools can apply to their respective county for a grant to implement these provisions.
Bill TextEducation Law
2017-2018AB2239This bill requires CDE to encourage the governing board of every charter school to submit world language courses designed to serve native speakers to the University of California for purposes of receiving A-G course approval.
Bill TextEducation Law
2017-2018AB2289This law amended a number of sections of the Education Code to provide additional protections for pregnant and parenting students.

Charter schools must provide an annual notice to students about their rights in school year welcome packets and independent study packets.

Students are entitled under the law to excused absences to care for their sick child, and students get eight weeks leave (or more if medically necessary).

Complaints regarding compliance should be handled by the school's Uniform Complaint Procedures.
Bill TextEducation Law
2017-2018AB2291Requires charter schools to adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying.

Also requires charter schools to make available to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils an online training module developed by the California Department of Education regarding bullying and bullying prevention.
Bill TextEducation Law
2017-2018AB2601Requires charter schools to provide “age appropriate” comprehensive sexual health and HIV prevention education in grades 7 to 12 (at least once in middle school and once in high school).

Parents/guardians may opt out via a passive consent process.
Bill TextEducation Law
2017-2018AB2639A charter school that serves pupils in grades 7 to 12 must adopt at a regularly scheduled meeting a policy on pupil suicide prevention in grades 7 to 12, inclusive.

The policy must be developed in consultation with school and community stakeholders, school-employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention.
Bill TextEducation Law
2017-2018AB3022This bill allows the governing board of a charter school to grant a diploma to a pupil who has departed California against his/her will, who could not complete their education as a result of this departure, and who was in good academic standing at the time of his/her departure.

Coursework completed outside of the United States or through online or virtual classes shall be considered in determining whether to award a diploma.
Bill TextEducation Law
2017-2018SB63Provides an additional 12 weeks leave to bond with new child (birth, adoption or foster placement).

An employer must must maintain health care coverage for the employee during the leave.

Eligibility requirements include more than 12 months service and at least 1,250 hours of service, and the employer must have more than 20 employees within 75 miles.
Bill TextEmployment Law
2017-2018SB396Annual sexual harassment training for supervisors must include gender identity, gender expression and sexual orientation.Bill TextEmployment Law
2017-2018SB1104Requires a charter school's governing board to work with their schools that maintain any of grades 6 to 12, inclusive, to identify the most appropriate methods of informing parents and guardians of pupils in those grades of human trafficking prevention resources and implement these methods by January 1, 2020.Bill TextEducation Law
2017-2018SB1036This law grants pupils and parents/guardians the right to have their personal information and directory information excluded from governing board minutes except as required by judicial order or federal law.Bill TextGovernance
2017-2018SB1428Prohibits denial of student work permits on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program that will occur during the regular summer recess or vacation of the school that the pupil attends.Bill TextEducationa Law
2019-2020SB126Applies the Brown Act, the Public Records Act, Govt. Code 1090 and the Political Reform Act to charter schools.

The law also requires meetings to be held within the physical boundaries of the county in which the charter school is located, or
If the charter manages schools not located within the same county, requires meeting to be held within the physical boundaries of the county in which the greatest number of pupils enrolled in those charter schools managed by that entity reside (separate requirements apply to independent study schools).

Finally, the law requires two-way tele- or video-conferencing of meetings at each school site or resource center and requires posting of audio or video recording to each charter school’s website.
Bill TextEducation Law
2019-2020INTRODUCED (AB)272Would restrict and, in some cases, ban the possession and use of smartphones during school hours. Would require schools to adopt policies that monitor and limit phone use, even during school-sponsored activities.Bill TextEducation Law
2019-2020INTRODUCED (AB)575CCSA’s sponsored legislation to include the “lowest academically performing pupil subgroup” as a new category eligible for supplemental funding in the Local Control Funding Formula (LCFF). This would create additional funding and academic accountability for this subgroup, which is currently African American students.Bill TextEducatiojn Law
2019-2020INTRODUCED (AB)221Legislation that would prohibit schools, including charter schools, from utilizing Teach for America teachers if they serve more than a 40% low-income population. CCSA is opposing AB 221 as it would directly impact an effective teacher pipeline that many charter schools use.Bill TextEducation Law
2019-2020INTRODUCED (SB)614CCSA’s sponsored legislation to create an “inclusive pathways” cost pool program, which would reimburse schools for a portion of their high-cost special education students if they are served in a majority inclusive setting.Bill TextEducation Law
2019-2020INTRODUCED (SB)1613Legislation which would apply prevailing wage requirements for charter school construction projects financed with conduit bonds. CCSA is opposing AB 1613 as it would effectively increase the costs of these projects by potentially more than 20%, making them more expensive and unviable as a facilities option.
Bill TextEducation Law
2019-2020INTRODUCED (AB)48Legislation that would place a K-14 facilities bond on the ballot for the 2022 election.Bill TextEducation Law
2019-2020INTRODUCED (AB)967Legislation that would place additional requirements upon charter school LCAPs.Bill TextEducation Law
2019-2020INTRODUCED (AB)1219Legislation that would create a statewide teacher credential mis-assignment monitoring system.

This legislation has the added effect of including charter schools within its mis-assignment monitoring system, which will create problems as charter schools have significant flexibility when it comes to teacher credentialing.
Bill TextEducation Law
2019-2020INTRODUCED (SB)328Legislation that would require that schools, including charter schools, do not start before 8:30 a.m., exempting zero periods.Bill TextEducation Law
2019-2020INTRODUCED (SB)419Legislation that would prohibit suspensions for willful defiance in grades 4-8 permanently, and for grades 9-12 until 2025.Bill TextEducation Law
2019-2020INTRODUCED (AB)1505This bill would repeal those provisions authorizing a county board of education or the state board to approve a petition to establish a charter school, except that petitions for charter schools that would serve pupils for whom county offices of education would otherwise be responsible for providing direct education and related services could still be submitted to county boards of education.

The bill would specify that, on and after January 1, 2020, that a petition to establish a charter school may be submitted only to the school district or county office of education the boundaries within which the charter school would be located.

The bill would provide that charter schools operating under a charter approved by a county board of education or the state board may continue to operate under those charters only until the date on which the charter is up for renewal.

On April 1, 2019, this bill was amended to include the language from former AB 1508 as follows: This bill would add to the list of reasons justifying denial of a charter petition that the governing board of the school district finds that the petition does not contain a clear explanation of why the proposed model cannot be accomplished within the school district structure of neighborhood public schools and that the charter school would have a negative financial, academic, or facilities impact on neighborhood public schools or the school district.
Bill TextEducation Law
2019-2020INTRODUCED (AB)1506This bill would make changes to existing provisions of the Charter Schools Act, including deleting an obsolete provision relating to a Legislative Analyst’s Office report.Bill TextEducation Law
2019-2020INTRODUCED (AB)1507This bill would delete the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.Bill TextEducation Law
2017-2018SB972This law requires charter schools that serves pupils in any of grades 7 to 12, inclusive, and that issue pupil identification cards to have printed on either side of the pupil identification cards the telephone number for the National Suicide Prevention Lifeline.

The charter school may also have printed on either side of the pupil identification cards the Crisis Text Line and a local suicide prevention hotline telephone number.
Bill TextEducation Law
2017-2018SB1343Effective January 1, 2019, California employers with 5 or more employees (located anywhere) are required to provide sexual harassment prevention training to all employees before January 1, 2020.

Minimum count of "5" employees includes seasonal and temporary hires as well as independent contractors.

The law requires two hours of sexual harassment prevention training to supervisors (and to out-of-state supervisors of California employees), and one hour of such training to nonsupervisory employees.

Training must take place within 6 months of hire or promotion and every 2 years thereafter. To comply with the January 1, 2020 deadline, all employees must be trained during the 2019 calendar year.

Finally, the law limits qualified harassment trainings to three types of individuals: (1) Attorneys who have been members of any state bar for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964; (2) Human resource professionals or harassment prevention consultants with at least two years of practical experience in: designing or discrimination training on discrimination, retaliation and sexual harassment prevention and/or investigating, responding to, or advising regarding sexual harassment, discrimination or retaliation; or (3) law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
Bill TextEmployment Law
2017-2018VETOED (SB)1127While vetoed, we would note that certain ALJ due process hearings have held that medical marijuana can still be mandated through a doctor’s order/504 or IEP.

Known as “Jojo’s Act,” this law would have allowed a charter school board to adopt a policy allowing a parent or guardian of a pupil to possess and administer to the pupil medicinal cannabis at a schoolsite.
Bill TextEducation Law
2019-2020INTRODUCED (SB)756This bill would express the intent of the Legislature to enact legislation containing specified policies relating to charter schools on or before January 1, 2020, and would prohibit, notwithstanding any other law, the approval of a petition for the establishment of a new charter school until June 30, 2024, unless those specified policies are enacted. The bill would require, during the 2023–24 school year, the Legislative Analyst’s Office to publicly issue a report that answers specified questions relating to charter schools and the effects of the moratorium, or, if applicable, the specified policies enacted by the Legislature.Bill TextEducation Law
2013-2014AB1584This bill authorizes a charter school to adopt a board policy allowing it to enter into a contract with a 3rd party to provide services for the digital storage, management, and retrieval of pupil records or to provide digital educational software, or both. The law requires the contract to include specified provisions, including a statement that the pupil records continue to be the property of and under the control of the charter school, a description of the actions the 3rd party will take to ensure the security and confidentiality of pupil records, and a description of how the charter school and the 3rd party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act. A contract that fails to comply with the requirements of this bill be rendered void if certain conditions are satisfied.Bill TextEducation Law
2015-2016AB1719Commencing with the 2018–19 school year, this law requires a charter school that requires a course in health education for graduation from high school to include instruction in performing compression-only cardiopulmonary resuscitation. The bill encourages charter schools to provide pupils general information on the use and importance of an automated external defibrillator. The bill requires the State Department of Education to provide guidance on how to implement these provisions, including, but not limited to, who may provide instruction.
The law also states that no charter school that sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall be liable for any civil damages alleged to result from such training programs.
Bill TextEducation Law
2019-2020AB272Adds Section 48901.7 to the Education Code. Allows a charter school to adopt a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees. Carves out four exceptions to any such limitations for: 1) In the case of an emergency, or in response to a perceived threat of danger; 2) When a teacher or administrator grants permission; 3) When a licensed physician or surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil; 4) When the possession or use of a smartphone is required in a pupil’s individualized education program.Bill TextEducation Law
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