California 2009-2010 Regular Session Status: Passed Assembly

AB 1950 — Charter School Facility Grant Program.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires the Controller, in consultation with the Department of Finance and the State Department of Education, to develop a plan to review and report on financial and compliance audits. Existing law requires the Controller to propose the content of an audit guide and authorizes a supplement to the audit guide to be suggested in the audit year to address issues resulting from new legislation in that year that changes the conditions of apportionment. Existing law requires the Controller to submit the proposed content of the audit guide and any supplement to the Education Audits Appeal Panel for review and possible amendment, and requires the Education Audits Appeal Panel to adopt the audit guide and any supplement pursuant to the rulemaking procedures of the Administrative Procedure Act. This bill would require the Controller to propose, and the Education Audits Appeal Panel to adopt, a charter school supplement to the audit guide in order to provide guidance to auditors regarding which sections of the school district and county office audit guide apply to charter schools and to create specific guidance related to the unique nature of charter schools. The bill also would make conforming changes. (2) The Charter Schools Act of 1992 (Charter Schools Act) allows a charter school to elect to operate as, or be operated by, a nonprofit public benefit corporation, as specified. This bill would expressly prohibit a charter school from operating as, or from being operated by, a for-profit corporation. (3) The Charter Schools Act specifies the procedures for the submission, review, and approval or denial of a petition to establish a standard or countywide charter school. The act allows the governing board of a school district to deny a charter petition only if the board makes written factual findings that support certain facts regarding the petition. The act requires a county board of education to deny a petition to establish a countywide charter school if the board makes any of several specified factual findings. This bill, in addition, would allow a governing board to deny a petition, and would require a county board of education to deny a petition for a countywide charter, if it makes a written factual finding that the petitioner has operated another charter school for at least 3 consecutive years and one of several specified events has occurred. (4) The Charter Schools Act limits the duration of charters to a period not to exceed 5 years and authorizes the chartering authority to grant one or more subsequent renewals for an additional period of 5 years. The act prescribes the requirements a charter school must comply with in order to have its charter renewed, including a requirement that a charter school that has been in operation for 4 years satisfy at least one of several specified criteria regarding academic performance. This bill would authorize a charter renewal to be for a period of 1 to 5 years. The bill would require a chartering authority to consider, as one factor in determining whether to grant a renewal, the degree to which a charter school serves pupil populations that are similar to local school district pupil populations, especially with regard to high-need pupils, as specified. The bill would delete one of the criteria for the requirement regarding charter schools in operation for 4 years. The bill would prohibit a chartering authority from granting a renewal of a charter school for longer than a 3-year period if that charter school is in program improvement or has entered into year 5 of program improvement, has not exited program improvement, and did not meet Adequate Yearly Progress in the year prior to the renewal year. (5) The Charter Schools Act requires a charter petition to include a reasonably comprehensive description of the manner in which annual, independent financial audits will be conducted. The act requires a charter school to transmit a copy of its annual, independent financial audit report for the preceding fiscal year to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, except as specified, and the department by December 15 of each year. This bill would require the Controller, by December 31 of each fiscal year, to publish a directory of certified public accountants and public accountants, licensed by the California Board of Accountancy, deemed by the Controller to be qualified to conduct audits of charter schools. The bill would require each audit of a charter school to be conducted by a certified public accountant or public accountant selected by the charter school from the directory. The bill would specify that it is unlawful for a public accounting firm to provide audit services to a charter school if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that charter school in each of the 6 previous fiscal years, except as provided.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. Referred to Com. on ED.

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time, passed, and to Senate. (Ayes 49. Noes 27. Page 5576.)

  6. Read second time. To third reading.

  7. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  8. In committee: Set, first hearing. Referred to APPR. suspense file.

  9. Re-referred to Com. on APPR.

  10. Read second time and amended.

  11. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 4.) (April 21).

  12. Re-referred to Com. on ED.

  13. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  14. Referred to Com. on ED.

  15. From printer. May be heard in committee March 20.

  16. Read first time. To print.

Sponsors

  • Brownley · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Brownley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1950 BROWNLEY Assembly Third Reading

Passed 58 Yea · 27 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 552505
Democratic 2100
Republican 1101
Total 582706
% of votes cast 64%30%0%7%
How each member voted (91)
Member Party Vote
Hagman — Nay
Cook — Nay
Yamada — Yea
Carter — Yea
Chesbro — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Coto — Yea
Hill — Yea
Huffman — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Ruskin — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Fletcher — Nay
Bill — Not Voting
Tom — Not Voting
Audra — Not Voting
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Ma — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Skinner — Yea
Smyth — Nay
Solorio — Yea
Emmerson — Nay
Eng — Yea
DeVore — Nay
Fuentes — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Coto — Yea
Charles — Yea
Bradford — Yea
Miller — Nay
Norby — Nay
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Harkey — Nay
Monning — Yea
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Conway — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 1950 do?
(1) Existing law requires the Controller, in consultation with the Department of Finance and the State Department of Education, to develop a plan to review and report on financial and compliance audits. Existing law requires the Controller to propose the content of an audit guide and authorizes a supplement to the audit guide to be suggested in the audit year to address issues resulting from new legislation in that year that changes the conditions of apportionment. Existing law requires the Controller to submit the proposed content of the audit guide and any supplement to the Education Audits Appeal Panel for review and possible amendment, and requires the Education Audits Appeal Panel to adopt the audit guide and any supplement pursuant to the rulemaking procedures of the Administrative Procedure Act. This bill would require the Controller to propose, and the Education Audits Appeal Panel to adopt, a charter school supplement to the audit guide in order to provide guidance to auditors regarding which sections of the school district and county office audit guide apply to charter schools and to create specific guidance related to the unique nature of charter schools. The bill also would make conforming changes. (2) The Charter Schools Act of 1992 (Charter Schools Act) allows a charter school to elect to operate as, or be operated by, a nonprofit public benefit corporation, as specified. This bill would expressly prohibit a charter school from operating as, or from being operated by, a for-profit corporation. (3) The Charter Schools Act specifies the procedures for the submission, review, and approval or denial of a petition to establish a standard or countywide charter school. The act allows the governing board of a school district to deny a charter petition only if the board makes written factual findings that support certain facts regarding the petition. The act requires a county board of education to deny a petition to establish a countywide charter school if the board makes any of several specified factual findings. This bill, in addition, would allow a governing board to deny a petition, and would require a county board of education to deny a petition for a countywide charter, if it makes a written factual finding that the petitioner has operated another charter school for at least 3 consecutive years and one of several specified events has occurred. (4) The Charter Schools Act limits the duration of charters to a period not to exceed 5 years and authorizes the chartering authority to grant one or more subsequent renewals for an additional period of 5 years. The act prescribes the requirements a charter school must comply with in order to have its charter renewed, including a requirement that a charter school that has been in operation for 4 years satisfy at least one of several specified criteria regarding academic performance. This bill would authorize a charter renewal to be for a period of 1 to 5 years. The bill would require a chartering authority to consider, as one factor in determining whether to grant a renewal, the degree to which a charter school serves pupil populations that are similar to local school district pupil populations, especially with regard to high-need pupils, as specified. The bill would delete one of the criteria for the requirement regarding charter schools in operation for 4 years. The bill would prohibit a chartering authority from granting a renewal of a charter school for longer than a 3-year period if that charter school is in program improvement or has entered into year 5 of program improvement, has not exited program improvement, and did not meet Adequate Yearly Progress in the year prior to the renewal year. (5) The Charter Schools Act requires a charter petition to include a reasonably comprehensive description of the manner in which annual, independent financial audits will be conducted. The act requires a charter school to transmit a copy of its annual, independent financial audit report for the preceding fiscal year to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, except as specified, and the department by December 15 of each year. This bill would require the Controller, by December 31 of each fiscal year, to publish a directory of certified public accountants and public accountants, licensed by the California Board of Accountancy, deemed by the Controller to be qualified to conduct audits of charter schools. The bill would require each audit of a charter school to be conducted by a certified public accountant or public accountant selected by the charter school from the directory. The bill would specify that it is unlawful for a public accounting firm to provide audit services to a charter school if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that charter school in each of the 6 previous fiscal years, except as provided.
Who sponsors AB 1950?
AB 1950 is sponsored by Brownley.
What is the current status of AB 1950?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1950?
Track AB 1950 free on One Click Politics — get push/email alerts when it moves.

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