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August 20, 2008
TO: All Interested Parties
FR: Laura Preston, ACSA Legislative Advocate
RE: AB 2115 (Mullin) Charter schools: governing
boards.
AB 2115 (Mullin) applies public conflict of interest
regulations and the Brown Act to all charter school boards.
This bill has been voted on by both the Assembly and Senate
and is waiting to be sent to the Governor for action. It is
very likely this bill will be vetoed due to the strong
opposition by the charter school community led by the CA
Charter Schools Association and Ed Voice. However, I am
hoping to get a tremendous response from ACSA members urging
his signature.
For the background on this issue, you may recall that last
year, ACSA and others opposed the CA Charter School
Association's conflict of interest regulations before the
State Board. Their proposal diminished the conflict of
interest regulations for charter schools that all public
school boards must comply with. As a result, AB 2115 was
amended to require all charter school boards to comply with
the same conflict of interest requirements that all entities
that receive public funds must adhere to.
The Education Code states that charter schools are
considered public schools in order to receive public funds.
Charter school officers and employees are also part of the
public school system. Because of these two facts, ACSA
believes charter school officers and employees must adhere
to the same conflict of interest provisions in the
Government Code and Education Code as any other public
school officer or employee.
I am writing to ask you to send a letter to the Governor
urging his signature to AB 2115. I have provided a copy of
my letter to the Governor for your use. However, if you
have real examples of charter school conflict of interest,
please share them in your letter. Please, do not hesitate
to contact me should you need additional information. My
email is
lpreston@acsa.org.
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August 20, 2008
Governor Arnold Schwarzenegger
State of California
State Capitol, First Floor
Sacramento, CA 95814
Signature Request: AB 2115: SUPPORT
Dear Governor Schwarzenegger:
On behalf of the Association of California School
Administrators, ACSA, I am writing to encourage your
signature to AB 2115 (Mullin).
AB 2115 applies public conflict of interest regulations to
all charter school boards. Charter schools are considered
public schools in order to receive public funds. Charter
school officers and employees are also part of the public
school system. Because of these two facts, charter school
officers and employees must comply with the same provisions
of the Government Code (Sections 1090 et seq. and 87100 et
seq.) as any other public school officer or employee does.
In 2002, a school district sought advice from the Fair
Political Practices Commission, FPPC, as to whether the
Government Code sections apply to a charter school operated
by a non-profit corporation. The FPPC concluded that this
school is a local government agency and the governing board
members subject to the conflict of interest statutes. In a
1998 opinion, the Attorney General of California clarified
that, although a charter school operates independently of an
existing school structure, it may not be formed as a legal
entity separate from the school district that granted the
charter. This is true of non-profit corporations that
govern a charter school; they are still public schools and
are still reviewed by the entity that authorized its
existence, the school district, county office of education
or the state. The California Department of Education has
reinforced this opinion and has stated that a charter school
is considered a governmental agency and part of the public
school system.
The Government Code sections apply to school districts,
county offices of education and charter schools. It does
not make a distinction between charter schools operated by a
school district, county office of education or a charter
school operated by a non-profit corporation.
Currently, there are charter school boards that believe they
are not covered by the Government Code and have attempted to
legislate an alternative conflict of interest statute. By
creating a separate conflict of interest system for charter
schools operated by non-profit corporations, a separate
school system would be created which is unconstitutional.
AB 2115 will clarify that charter school boards are to be
held accountable to the same conflict of interest
requirements as those that govern other public school
boards.
Finally, ACSA does not believe there will be any cost to the
state, school districts, county offices of education or
charter schools in order to comply with the provisions of AB
2115. In order to stop the misuse or potential misuse of
public funds, it is imperative that AB 2115 be signed into
law.
Thank you for your consideration of our request.
Sincerely,
Laura Preston
Legislative Advocate
CC: Assembly Member Gene Mullin
California State Assembly
State Capitol, Room 2163
Sacramento, CA 95814
Chelsea Kelly, Committee Consultant
Assembly Education Committee
1020 N Street, Room 159
Sacramento, CA 95814
Paul
Navarro, Deputy Legislative Secretary
Governor's Office
State Capitol, 1st floor
Sacramento, CA 95814
Dave
Long, Secretary of Education
1121 L Street, Suite 600
Sacramento, CA 95814
Jeannie Oropeza, Program Budget Manager
Department of Finance
915 L Street
Sacramento, CA 95814
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