The Board of Education believes that charter schools provide one opportunity to implement school-level reform and to support innovations which improve student learning. When authorized by the district Board of Education, these schools shall operate under the provisions of their charters, federal laws, specified state laws, and general oversight of the Board.
In considering any petition to establish a charter school within the district, the Board shall give careful consideration to the potential of the charter school to provide students with a high-quality education that enables them to achieve to their fullest potential. The Board also believes that authorizing charter schools includes a rigorous, comprehensive application process and that successful charter petitioners demonstrate strong potential for establishing and operating a high quality charter school over the lifetime of the charter including, but not limited to, the charter school's ability effectively to administer a public school agency.
The Charter Schools Act of 1992, Education Code 47600 et seq., authorizes the establishment of public charter schools. To establish a charter school, petitioners must submit to the Board for approval a petition which includes all components required by law and in conformance with AR 0420.4. Charter schools are generally exempt from the laws and rules that regulate non-charter public schools and, instead, the parameters for their operation, including the manner in which they educate students, maintain transparency, and ensure public accountability, must be set forth in their individual charter petitions. As such, the Board expects charter school petitioners to strictly comply with all aspects of the Charter Schools Act of 1992.
Approval/Denial of Petition
In determining whether to grant or deny a charter, the Board shall carefully review the proposed charter petition, consider public and staff input, and determine whether the charter petition adequately addresses all the provisions required by law. The Board shall approve a submitted charter petition if it is satisfied that doing so is consistent with sound educational practice. The Board may deny a petition upon the making of written factual findings specific to the particular charter school supporting one or more of the causes for denial set forth in the Charter Schools Act of 1992.
The Board may approve one or more memoranda of understanding to clarify any financial and operational agreements between the district and the charter school.
The Board shall ensure that any charter granted by the Board contains adequate processes and measures for holding the school accountable for fulfilling the terms of its charter. These shall include, but not be limited to, fiscal accountability systems, multiple measures for evaluating the educational program, and regular reports to the Superintendent or designee and the Board.
(cf. 0500 - Accountability)
It shall be the responsibility of the petitioners to provide written notice of the Board's approval and a copy of the final approved charter to the County Superintendent of Schools, the California Department of Education (CDE), and the State Board of Education (SBE). (Education Code 47605)
The district shall not require any student to attend a charter school and shall not require any district employee to work at a charter school. (Education Code 47605)
Charter School Oversight
The Board of Education recognizes its ongoing responsibility to oversee that any charter school authorized by the Board is successfully fulfilling the terms of its charter and is providing a high-quality educational program for students enrolled in the charter school.
In the case of any charter school under the district's oversight that chooses to be operated by or as a nonprofit public benefit corporation, the district Board reserves its right pursuant to Education Code Section 47604(b) to have a representative serve as a voting member of the corporation's board of directors and may exercise such right at any time. Any such representative of the Board shall serve on the charter school's corporate board at the district Board or designee's discretion and shall be removed or replaced at the sole discretion of the Board or designee.
Material Revisions to Charter
The Board shall have the authority and also delegates authority to the Superintendent or his/her designee(s) to determine whether a proposed change in charter school operations constitutes a material revision of the approved charter. Material revisions to an approved charter may only be made with Board approval. Material revisions shall be governed by the same standards and criteria that apply to new charter petitions as set forth in Education Code 47605 and shall include, but not be limited to, a reasonably comprehensive description of any new requirement for charter schools enacted into law after the charter was originally granted or last renewed. (Education Code 47607)
If an approved charter school proposes to move the location of its operations to a different school site, other than through acceptance of an offer of facilities from the district pursuant to Education Code section 47614 (known as Proposition 39), or to establish operations at one or more additional sites, within or outside of the district's boundaries, such move or addition constitutes a material revision to the charter and the charter school shall request a material revision to its charter and shall notify the Board of those new or additional locations prior to relocation. The Board shall consider approval of the new or additional locations at an open meeting. (Education Code 47605)
Charter School Renewal
The Board believes that the ongoing operation of a charter school authorized by the district Board should be dependent on the school's effectiveness in achieving its mission and goals for student learning and other student outcomes. Whenever a charter school submits a petition for renewal of its charter, the Board shall review the petition thoroughly and in accordance with the statutory and regulatory requirements.
The Superintendent or designee shall provide notification to the California Department of Education, within 10 calendar days of the Board's action, or in accordance with any other timeline required by law, whenever a renewal of the charter is granted or denied. (Education Code 47604.32; 5 CCR 11962.1)
Charter School Revocation or Closure
The Governing Board expects any charter school it authorizes to provide a sound educational program that promotes student learning and to carry out its operations in a manner that complies with the law and the terms of its charter.
The Board may revoke a charter before the date it is due to expire by following the procedures and standards set forth in Education Code 47607 and its implementing regulations.
The Board shall also consider revocation of a charter whenever the California Collaborative for Educational Excellence (CCEE), after providing advice and assistance to the charter school pursuant to Education Code 47607.3, submits to the Board either of the following findings: (Education Code 47607.3)
1. That the charter school has failed or is unable to implement the recommendations of the CCEE
2. That the inadequate performance of the charter school, based on an evaluation rubric adopted by the State Board of Education (SBE), is so persistent or acute as to require revocation of the charter
Should a school's charter be revoked, or should the charter school cease operating for any reason, the district shall notify the California Department of Education within 10 calendar days, or in accordance with any other timeline required by law. Such notification shall include, but not be limited to, a description of the circumstances of the closure, the effective date of the closure, and the location of student and personnel records and/or any other information required by law or regulation. (Education Code 47604.32; 5 CCR 11962.1)
Legal Reference:
EDUCATION CODE
17280-17317 Field Act
17365-17374 Field Act, fitness for occupancy
41365 Charter school revolving loan fund
42100 Annual statement of receipts and expenditures
42238.51-42238.53 Funding for charter districts
44237 Criminal record summary
44830.1 Certificated employees, conviction of a violent or serious felony
45122.1 Classified employees, conviction of a violent or serious felony
46201 Instructional minutes
47600-47616.7 Charter Schools Act of 1992, as amended
47640-47647 Special education funding for charter schools
47652 Funding of first-year charter schools
48000 Minimum age of admission (kindergarten)
48010 Minimum age of admission (first grade)
48011 Minimum age of admission from kindergarten or other school
51745-51749.3 Independent study
52052 Alternative accountability system
54032 Limited English or low-achieving pupils
56026 Special education
56145-56146 Special education services in charter schools
60600-60649 Assessment of academic achievement, including:
60605 Academic content and performance standards; assessments
60640-60649 California Assessment of Student Performance and Progress
GOVERNMENT CODE
3540-3549.3 Educational Employment Relations Act
54950-54963 The Ralph M. Brown Act
PENAL CODE
667.5 Definition of violent felony
1192.7 Definition of serious felony
CODE OF REGULATIONS, TITLE 5
11700.1-11705 Independent study
11960-11969 Charter schools
CODE OF REGULATIONS, TITLE 24
101 et seq. California Building Standards Code
COURT DECISIONS
Ridgecrest Charter School v. Sierra Sands Unified School District, (2005) 130 Cal.App.4th 986
ATTORNEY GENERAL OPINIONS
89 Ops.Cal.Atty.Gen. 166 (2006)
80 Ops.Cal.Atty.Gen. 52 (1997)
78 Ops.Cal.Atty.Gen. 297 (1995)
Management Resources:
CSBA PUBLICATIONS
Charter Schools: A Manual for Governance Teams, rev. 2005
CSBA ADVISORIES
Charter School Facilities and Proposition 39: Legal Implications for School Districts, September 2005
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Special Education and Charter Schools: Questions and Answers, September 10, 2002
WEB SITES
CSBA: http://www.csba.org
California Building Standards Commission: http://www.bsc.ca.gov
California Charter Schools Association: http://www.charterassociation.org
California Department of Education, Charter Schools: http://www.cde.ca.gov/sp/cs
Education Commission of the States: http://www.ecs.org
National Association of Charter School Authorizers: http://www.charterauthorizers.org
National School Boards Association: http://www.nsba.org
U.S. Department of Education: http://www.ed.gov
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: September 11, 2018 Costa Mesa, California