California 2017-2018 Regular Session Status: Passed Assembly 1 D cosponsors

AB 276 — Local educational agencies: charter schools.

Last action — Ordered to inactive file at the request of Senator Lara.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency, including a school district, be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires regular meetings of the county board of education and all meetings of a governing board of a school district be conducted in accordance with the Ralph M. Brown Act. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. This provision would become operative on July 1, 2019. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the California Public Records Act, except as provided for certain charter schools located on federally recognized California Indian reservations or rancherias. For those charter schools, the bill would require each charter school's chartering authority to be the custodian of records with regard to any request for information submitted to the charter school. These provisions would become operative on July 1, 2019. To the extent these provisions would impose a new duty on a local educational agency, the bill would impose a state-mandated local program. (3) Existing law prohibits certain public officials, including, but not limited to, state, county, or district officers or employees, from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members, except as provided. Existing law specifically requires members of governing boards of school districts to be subject to these provisions. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to these provisions, except that the bill would provide that a governing board or body member or a local agency executive, as defined, shall not be deemed to be interested in a contract if his or her interest is that of a person who provides a loan to a public school due to a fiscal emergency, or leases real property to be occupied by a charter school or who signs a guarantor agreement relative to the lease of real property to be occupied by a charter school, and who also serves as a member of the governing board or body or as a local agency executive of the charter school, as provided. The bill would also provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require such a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter uniquely affecting his or her own employment. The bill would require a member of the governing body of a charter school to abstain from voting on, or from influencing or attempting to influence another member of that body regarding, personnel matters that uniquely affect a relative of the member, as provided. The bill would prohibit discussion of any item regarding an activity of the governing body of a charter school that is not related to the operation of the charter school at a meeting of the governing body to discuss items related to the operation of the charter school. These provisions would become operative on January 1, 2020. (4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Political Reform Act of 1974. This provision would become operative on January 1, 2020. (5) This bill would provide that, only by mutual agreement of the chartering authority of a charter school and the charter school petitioner, compliance with the provisions described in (1) to (4) , inclusive, above may be delayed for up to 12 months, provided that compliance is achieved no later than January 1, 2021. (6) 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 the statutory provisions noted above.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Lara.

  2. Read second time. Ordered to third reading.

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

  4. Read second time. Ordered to third reading.

  5. Read second time and amended. Ordered returned to second reading.

  6. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16).

  7. In committee: Referred to APPR. suspense file.

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

  9. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 26).

  10. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 2.) (June 20). Re-referred to Com. on JUD.

  11. In committee: Hearing postponed by committee.

  12. In committee: Hearing postponed by committee.

  13. Re-referred to Coms. on ED., JUD., and APPR.

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

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

  16. Referred to Com. on RLS.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1389.)

  19. Read second time. Ordered to Consent Calendar.

  20. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).

  21. Re-referred to Com. on APPR.

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

  23. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (March 28). Re-referred to Com. on APPR.

  24. Coauthors revised.

  25. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 13. Noes 0.) (March 14). Re-referred to Com. on P. & C.P.

  26. Re-referred to Com. on HIGHER ED.

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

  28. Re-referred to Com. on HIGHER ED.

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

  30. Referred to Coms. on HIGHER ED. and P. & C.P.

  31. From printer. May be heard in committee March 4.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Medina

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Portantino — Yea
Nielsen — Nay
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Bates — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 276 do?
(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency, including a school district, be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires regular meetings of the county board of education and all meetings of a governing board of a school district be conducted in accordance with the Ralph M. Brown Act. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. This provision would become operative on July 1, 2019. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the California Public Records Act, except as provided for certain charter schools located on federally recognized California Indian reservations or rancherias. For those charter schools, the bill would require each charter school's chartering authority to be the custodian of records with regard to any request for information submitted to the charter school. These provisions would become operative on July 1, 2019. To the extent these provisions would impose a new duty on a local educational agency, the bill would impose a state-mandated local program. (3) Existing law prohibits certain public officials, including, but not limited to, state, county, or district officers or employees, from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members, except as provided. Existing law specifically requires members of governing boards of school districts to be subject to these provisions. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to these provisions, except that the bill would provide that a governing board or body member or a local agency executive, as defined, shall not be deemed to be interested in a contract if his or her interest is that of a person who provides a loan to a public school due to a fiscal emergency, or leases real property to be occupied by a charter school or who signs a guarantor agreement relative to the lease of real property to be occupied by a charter school, and who also serves as a member of the governing board or body or as a local agency executive of the charter school, as provided. The bill would also provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require such a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter uniquely affecting his or her own employment. The bill would require a member of the governing body of a charter school to abstain from voting on, or from influencing or attempting to influence another member of that body regarding, personnel matters that uniquely affect a relative of the member, as provided. The bill would prohibit discussion of any item regarding an activity of the governing body of a charter school that is not related to the operation of the charter school at a meeting of the governing body to discuss items related to the operation of the charter school. These provisions would become operative on January 1, 2020. (4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Political Reform Act of 1974. This provision would become operative on January 1, 2020. (5) This bill would provide that, only by mutual agreement of the chartering authority of a charter school and the charter school petitioner, compliance with the provisions described in (1) to (4) , inclusive, above may be delayed for up to 12 months, provided that compliance is achieved no later than January 1, 2021. (6) 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 the statutory provisions noted above.
Who sponsors AB 276?
AB 276 is sponsored by Medina, Chau, and Quirk-Silva, Sharon (Democratic).
What is the current status of AB 276?
This bill died with 2017-2018 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 276?
Track AB 276 free on One Click Politics — get push/email alerts when it moves.

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