California 2011-2012 Regular Session Status: To Executive

AB 1034 — Charter schools.

Last action — Vetoed by Governor.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) The Charter Schools Act of 1992 permits teachers and parents to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Existing law prohibits the governing board of a school district from denying a petition for the establishment of a charter school unless the governing board finds that the petition does not contain specified information, including admission requirements, as applicable, and the governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement. This bill would revise the provision relating to admission requirements so that admission policies and procedures, as specified, are to be included in a petition. The bill would authorize a charter school to encourage parental involvement, but would require the charter school to notify parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance or continued enrollment at the school. To the extent that this notification requirement would create additional duties for charter schools, it would impose a state-mandated local program. (2) Existing law requires, if the number of pupils who wish to attend a charter school exceeds its capacity, preference to be extended to pupils currently attending the charter school and pupils who reside in the school district. This bill would additionally require preference for siblings of pupils attending the charter school and children of employees at the charter school. Existing law authorizes other preferences to be extended, on an individual school basis, if consistent with the law. This bill would delete the authorization for other preferences to be extended, and would instead authorize preference to be extended, on an individual school basis, provided that the type of preference is approved at a public hearing, as specified, the preferences are consistent with federal law and the California Constitution, and the preferences ensure access for pupils with disabilities, academically low-achieving pupils, English learners, and low-income pupils, as specified. (3) This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 86 that would become operative if this bill and AB 86 are enacted, and this bill is enacted last. (4) 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 these statutory provisions.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 12:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 28. Page 3086.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 15. Page 2348.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 22).

  12. Referred to Com. on ED.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 25. Page 1749.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 11. Noes 5.) (May 27).

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

  19. Re-referred to Com. on APPR.

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

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (March 30).

  24. Re-referred to Com. on ED.

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

  26. Referred to Com. on ED.

  27. From printer. May be heard in committee March 22.

  28. Read first time. To print.

Sponsors

  • Gatto · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Gatto

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 1034 GATTO Concurrence in Senate Amendments

Passed 50 Yea · 28 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 492602
Democratic 1000
Republican 0200
Total 502802
% of votes cast 63%35%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Butler — Yea
Feuer — Yea
Campos — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Hall — Yea
Fong — Yea
Allen — Yea
Hill — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Cedillo — Yea
Bonilla — Yea
Atkins — Yea
Mendoza — Yea
Beall — Yea
Chesbro — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Yamada — Yea
Fletcher — Nay
Furutani — Not Voting
Garrick — Nay
Gorell — Not Voting
Halderman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Smyth — Nay
Wagner — Nay
Williams — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Perea — Yea
Silva — Nay
Solorio — Yea
Valadao — Nay
Eng — Yea
Davis — Yea
Dickinson — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1034 Gatto By Pavley

Passed 21 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 1001
Republican 0100
Total 211504
% of votes cast 53%38%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wolk — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Corbett — Yea
Runner — Nay
Dutton — Nay
Harman — Nay
Hernandez — Yea
Blakeslee — Nay
Kehoe — Yea
Lieu — Not Voting
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wright — Not Voting
Alquist — Yea
Anderson — Nay
Huff — Nay
Leno — Yea
Vargas — Yea
Cannella — Nay
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

AB 1034 GATTO Assembly Third Reading

Passed 49 Yea · 25 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 482306
Democratic 1000
Total 492506
% of votes cast 61%31%0%8%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Feuer — Yea
Fuentes — Yea
Gatto — Yea
Gordon — Yea
Carter — Yea
Hayashi — Yea
Hill — Yea
Fong — Yea
Huber — Yea
Allen — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Alejo — Yea
Cedillo — Yea
Campos — Yea
Bonilla — Yea
Yamada — Yea
Chesbro — Yea
Atkins — Yea
Conway — Nay
Lara — Yea
Cook — Nay
Logue — Nay
Beall — Yea
Block — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Fletcher — Nay
Garrick — Not Voting
Gorell — Not Voting
Halderman — Nay
Hall — Not Voting
Harkey — Nay
Jeffries — Not Voting
Donnelly — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Silva — Nay
Williams — Not Voting
Davis — Yea
Skinner — Yea
Swanson — Yea
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Perea — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Furutani — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Campos — Not Voting
Gatto — Yea
Hall — Yea
Mitchell — Yea
Hill — Yea
Donnelly — Nay
Lara — Yea
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Norby — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 1034 do?
(1) The Charter Schools Act of 1992 permits teachers and parents to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Existing law prohibits the governing board of a school district from denying a petition for the establishment of a charter school unless the governing board finds that the petition does not contain specified information, including admission requirements, as applicable, and the governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement. This bill would revise the provision relating to admission requirements so that admission policies and procedures, as specified, are to be included in a petition. The bill would authorize a charter school to encourage parental involvement, but would require the charter school to notify parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance or continued enrollment at the school. To the extent that this notification requirement would create additional duties for charter schools, it would impose a state-mandated local program. (2) Existing law requires, if the number of pupils who wish to attend a charter school exceeds its capacity, preference to be extended to pupils currently attending the charter school and pupils who reside in the school district. This bill would additionally require preference for siblings of pupils attending the charter school and children of employees at the charter school. Existing law authorizes other preferences to be extended, on an individual school basis, if consistent with the law. This bill would delete the authorization for other preferences to be extended, and would instead authorize preference to be extended, on an individual school basis, provided that the type of preference is approved at a public hearing, as specified, the preferences are consistent with federal law and the California Constitution, and the preferences ensure access for pupils with disabilities, academically low-achieving pupils, English learners, and low-income pupils, as specified. (3) This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 86 that would become operative if this bill and AB 86 are enacted, and this bill is enacted last. (4) 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 these statutory provisions.
Who sponsors AB 1034?
AB 1034 is sponsored by Gatto.
What is the current status of AB 1034?
This bill died with 2011-2012 Regular Session. It reached “To Executive” 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 1034?
Track AB 1034 free on One Click Politics — get push/email alerts when it moves.

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