CASI February 2023 Charter Chat Resource Page

There are three options for teleconferencing of board meetings:

• 1. The Brown Act (Government Code sections 54950-54963 ) The Board must have a quorum participating from locations within the geographic area of the board, post the teleconference locations of each board member, note each teleconference location, provide public access to those teleconference locations, and conduct roll call votes.
• 2. Assembly Bill (AB) 361 Provides for teleconferencing under state of emergency rules; the general provisions last until January 1, 2024.
• 3. AB 2449 Provides additional options “for just cause” and “emergency circumstances.” There must be a quorum at the in-person location. Board approval is required prior to or at the beginning of the meeting. This law ends January 1, 2026.

California Education Code (EC) Section 47605.6

A county board of education may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to EC Section 47605. The county board of education shall deny a petition for the establishment of a charter school if it finds one or more of the following:

1. Unsound educational program
2. Demonstrably unlikely to successfully implement the program
3. Does not contain the number of signatures (50 percent of teachers or 50 percent of parents of students who will attend during first year)
4. Does not contain required affirmations/ assurances
5. Does not contain reasonably comprehensive descriptions of all elements
6. Does not declare it will be exclusive employer
7. Any other basis that the county board of education finds justifies the denial of the petition.

California Education Code Section 47605(c) states:

The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings:

1. Unsound educational program
2. Demonstrably unlikely to successfully implement the program
3. Does not contain the number of signatures (50 percent of teachers or 50 percent of parents of students who will attend during first year)
4. Does not contain required affirmations/assurances
5. Does not contain reasonably comprehensive descriptions of all elements
6. Does not declare it will be exclusive employer
7. Demonstrably unlikely to serve the interests of the entire community
   1. “Substantially undermine existing services”; OR
   2. Duplicate programs currently offered with the district
8. Qualified or Negative interim certificate (as defined by statute), or is under state receivership
   

California Education Code Section 47612.7 prohibits the approval of a petition for the establishment of a new nonclassroom-based charter school. The determination to approve a material revision, including a change in virtual instruction type, is a local decision.

No. California Education Code sections 47605 and 47607 hold that the chartering authority is the entity that granted the charter. They are the entity which will determine renewal. Therefore, the COE may not send the charter school back to the district for review of the renewal.

California Education Code (EC) Section 47605.9(b) allows a current SBE-authorized charter school to continue operating under the SBE's oversight until the charter is up for renewal, at which point the charter school shall submit the renewal petition to the governing board of the school district within the boundaries of which the charter school is located. If the governing board of the school district denies the renewal petition, the charter school may submit the petition for renewal directly to the SBE, which shall review the petition in accordance with EC Section 47605. If the SBE grants renewal pursuant to EC Section 47605(k)(1)(B), then the SBE must delegate the chartering authority to either the district or county where the charter school is located.

After the chartering authority has been delegated by the SBE, the charter school will need to update its chartering authority under the California School Directory by completing the Change in Authorizing District for a Charter School application, which is available at the California Department of Education Application for a County-District-School (CDS) Code website.

Yes. Please see updates on the CDE web page at Legislation Impacting Charters - Enrollment Data.