What is a Charter School?

What is a Charter School?

1. Overview
2. What is a "charter school"?
3. What is the purpose of a “charter school?”
4. Is there a “cap” on the number of charter schools?
5. Who is eligible to write a charter?
6. What are the restrictions on the establishment of a charter school?
7. Who may approve a charter school petition?
8. What is the timeline for developing and approving a charter petition?
9. On what basis might a local governing board deny a charter?
10. What are the required elements of a charter petition?
11. What other information, if any, is required of petitioners?
12. Can the governing board amend the charter prior to adoption?
13. What happens if a district denies a charter request?
14. How should we go about requesting a number from the State Board of Education (SBE)?
15. When may I open my charter school?

Overview

There is much confusion over charter schools, what they are and aren't. The most important thing to realize is that charter schools are a special type of public school, but they are public schools.

They are not religiously, racially or gender based. To help educate voters and citizens about Charter Schools, we refer our visitors to the following text, provided by the California Department of Education. The page can be visited by going to this link, here.

Responses to these frequently asked questions are advisory only. Charter schools and authorizing entities are encouraged to review the actual laws and regulations that provide the basis for these responses and consult with their own legal counsel regarding the application of any of these issues to a specific situation.:

What is a “charter school?”

A charter school is a public school and may provide instruction in any of grades kindergarten through 12. A charter school is usually created or organized by a group of teachers, parents and community leaders or a community-based organization, and is usually authorized by an existing local public school board or county board of education. Specific goals and operating procedures for the charter school are detailed in an agreement (or “charter”) between the authorizing board and charter organizers.

What is the purpose of a “charter school?”

The purpose of a charter school is to: (1) improve pupil learning; (2) increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils identified as academically low achieving; (3) encourage the use of different and innovative teaching methods; (4) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; (5) provide parents and students with expanded educational opportunities within the public school system without the constraints of traditional rules and structure; (6) provide schools a way to shift from a rule-based to a performance-based system of accountability; and (7) provide competition within the public school system to stimulate improvements in all public schools. [Ref. Education Code §47601]

Except where specifically required, charter schools are generally exempt from California State laws governing school districts, whether or not these laws are located within the California Education Code.

Some of the laws with which charter schools must comply are:

• State and Federal constitutions
• The California Charter Schools Act (Education Code Section 47600 et. seq.)
• All federal laws (for example, special education law (IDEA), Americans with Disabilities Act, and the Rehabilitation Act)
• Laws that generally apply to governmental entities but not specifically to school districts (for example, open meeting laws, employment laws, contracting laws)
• All laws that are specifically a condition of funding for a specific program for which the charter school chooses to participate (e.g., K-3 class size reduction)
• Laws establishing minimum age for school attendance
• Laws governing independent study programs (whether defined as home schooling, distance learning, or otherwise)
• Educational Employees Relations Act (Government Code Section 3540 et. seq.)
• State pupil testing requirements (e.g. API, PSAA, STAR, CAHSEE)
• Specific provisions of law related to teacher’s retirement and employee relations

Is there a “cap” on the number of charter schools?

Yes. The cap is currently set at 650 (for the 2002-03 fiscal year), and will increase by 100 each July 1. At the beginning of the 2002-03 school year, there were approximately 405 charter schools operating in California. [Ref. Education Code §47602]

Who is eligible to write a charter?

Anyone may write a charter. However, for new charter schools (not conversions of existing public schools), charter developers must obtain the signatures of either 50 percent of the teachers meaningfully interested in teaching at the school, or 50 percent of the parents of pupils expected to enroll at the school. For conversion schools, signatures of 50 percent of the teachers at the school to be converted are required. The petition must contain a prominent statement that a signature means that the person signing is meaningfully interested in teaching in, or in having their child attend the school. The proposed charter must be attached to the petition. [Ref. Education Code §47605(a)]

What are the restrictions on the establishment of a charter school?

There are a few restrictions on the establishment of a charter school. With a few exceptions, a new charter school may only be located in the district that approves it. The law expressly prohibits the conversion of private schools to public charter schools. A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A charter school may not discriminate against any pupil and may not charge tuition. In addition, the school’s charter must include a description of the school’s means for achieving a racial and ethnic balance among its pupils that is reflective of the general population residing in the district. Pupils may not be required to attend a charter school, nor may teachers be compelled to teach there. [Ref. Education Code §§47602(b), 47605(a), (b), (d), (e), and (f)]

Who may approve a charter school petition?

Under California law, it is the local school district governing board that serves as the primary chartering authority. With a few exceptions, a school district may only approve a new charter that will operate within the district boundaries. Also, a district may not approve a new charter school that will serve grade levels not served by the district unless the charter will serve all grades offered by the district.

A petitioner may seek approval of a charter from a county board of education, if the pupils to be served are pupils that would normally be provided direct education and related services by the county office of education, the petition has been previously denied by a local school district governing board within the county, or if the charter provides county-wide services that cannot be provided by a district-approved charter school.

Petitioners may request the State Board of Education to review a charter petition if the petition has been previously denied by a local school district governing board and a county board of education, or if the charter school will provide services of a statewide benefit that cannot be met through a district-approved or county-approved charter. [Ref. Education Code §47605(a)(6), (b) and (j), 46705.6, and 47605.8]

What is the timeline for developing and approving a charter petition?

Charter developers may begin developing their charter petition at any time. The law specifies that a local governing board must hold a public hearing to consider the proposed charter within 30 days from receipt of the completed petition, and, within 60 days from receipt of the petition, must either grant or deny the charter. This timeline may be extended by 30 days if both parties agree to the extension. Once approved by a local board, a charter petition must be forwarded to the State Board of Education for assignment of a charter number. A charter school in its first year of operation must commence instruction between July 1 and September 30. Ref. Education Code §47605(b)]

On what basis might a local governing board deny a charter?

The law specifies that the chartering authority should be guided by legislative intent, which encourages the establishment of charter schools. A school district governing board may not deny a charter unless it makes written factual findings, specific to the particular petition, that: (1) the charter school presents an unsound educational program; (2) the petitioners are demonstrably unlikely to successfully implement the program set forth in the petition; (3) the petition does not contain the required number of signatures; (4) the petition does not contain an affirmation of each of the conditions described in Education Code Section 47605(d); or (5) the petition does not contain reasonably comprehensive descriptions of all of the 16 required elements of the petition. [Ref. Education Code §47605(b)]

What are the required elements of a charter petition?

Each charter petition must contain reasonably comprehensive descriptions of each of 16 required elements, at a minimum.

They are:

1. A description of the educational program of the school, as specified.
2. The measurable pupil outcomes identified for use by the school.
3. The method by which pupil progress in meeting those pupil outcomes is to be measured.
4. The school’s governance structure, including parental involvement.
5. The qualifications to be met by individuals employed by the school.
6. Procedures to ensure health and safety of pupils and staff.
7. The means by which the school will achieve racial and ethnic balance among its pupils, reflective of the general population residing in the district.
8. Admission requirements, if applicable.
9. The manner in which annual financial audits will be conducted, and the manner in which audit exceptions and deficiencies will be resolved.
10. The procedures by which pupils may be suspended or expelled.
11. Provisions for employee coverage under the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.
12. The public school alternatives for pupils residing within the district who choose not to attend charter schools.
13. A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
14. A dispute resolution process.
15. A declaration whether or not the charter school will be the exclusive public school employer of the charter school employees.
16. The procedures to be used if the charter school closes.

[Ref. Education Code §47605(b)(5)(A-P)]

What other information, if any, is required of petitioners?

While not part of the 16 elements required to be addressed in the petition, school district governing boards must also require petitioners to provide information regarding the proposed operation and potential effects of the school, including, but not limited to:

1. The facilities to be used by the school.
2. The manner in which administrative services are to be provided.
3. Potential civil liability effects, if any, upon the school and upon the school district.

Further, petitioners are required to provide financial statements that include a proposed first-year operational budget, including start-up costs and cash flow and financial projections for the first three years of operation.

Finally, each charter petition must contain the following affirmations:

1. The charter school will be nonsectarian in its programs, admission policies, employment practices, and all other operations.
2. The charter school will not charge tuition.
3. The charter school will not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability.

[Ref. Education Code §47605(d) and (g)]

Can the governing board amend the charter prior to adoption?

The governing board may amend the charter if the petitioners agree. However, if the charter has been amended substantively, the petitioners must re-obtain signatures from the requisite number of teachers or parents.

What happens if a district denies a charter request?

If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education in which the district is located. A charter petition that has been denied by the governing board of a school district must be received by the county board of education not later than 180 calendar days after the denial. Reviews by a county board of education must be completed within 60 days of receipt, but an extension of up to 30 days is possible if both parties are willing. Any petition received more than 180 calendar days after denial by a district will not be acted upon by the county board of education.

If the county denies the petition, the petitioners may submit the petition to the State Board of Education (SBE). For purposes of SBE consideration of a charter that has been denied, the charter must provide evidence of district and county board actions and findings to deny the charter. A charter petition that has been denied by the county board must be received by the SBE not later than 180 calendar days after the denial. Not later than 90 days after receiving a complete petition package and following review of the petition and a public hearing, the SBE must schedule, at its next regular board meeting, an action item to grant or deny the charter petition. This date may be extended by an additional 30 days if both parties agree. Any petition received more than 180 calendar days after denial by the county board will not be acted upon by the SBE. The SBE has adopted regulations that provide review criteria for charter school approvals. These regulations can be found in sections 11967.5 through 11967.5.1 of Title 5 of the California Code of Regulations, and are available on the CDE Web site at <http://www.cde.ca.gov/charter/regs/>.

For a variety of reasons, local approval of charter schools is generally preferred to the appeal process. Instead of initiating the formal appeal process, the law does not prohibit a charter petitioner from revising its charter to address the district’s concerns, and resubmitting it for local approval as a new charter. [Ref. Education Code Section 47605(j), Title 5, California Code of Regulations, Sections 11967 through 11967.5.1]

How should we go about requesting a number from the State Board of Education (SBE)?

The SBE must assign a charter number to each charter that has been approved, and may only assign numbers to approved charter petitions. The SBE must provide a charter number to each school that is approved, for the purpose of ensuring that the number of charter schools statewide does not exceed the allowable number. An SBE number is also necessary before the charter school can be set up in the California Department of Education (CDE) systems of funding and identification. As part of the numbering process, the CDE reviews the charter for the SBE. CDE staff may offer comments to districts or petitioners, or inform the SBE if concerns are noted during this review.

Specific information about obtaining an SBE charter number is posted on the CDE Web site at <http://www.cde.ca.gov/charter/lists/sbenumcharpet.htm>. [Ref. Education Code Section 47602]

When may I open my charter school?

The law requires a new charter school to commence instruction between July 1 and September 30. Within this time frame, a charter school is authorized to operate once it has been approved by the authorizing entity and may begin accruing average daily attendance for apportionment purposes. However, the California Department of Education cannot actually allocate any funding to a school until it has a State Board of Education number and an assigned county-district-school (CDS) code. [Ref. Education Code Section 47652(b)]