course 3 - ccsesa

Charter Schools

course 3

F O R C O U N T Y O F F I C E S O F E D U C AT I O N

COE

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MASTERS IN GOVERNANCE® FOR COUNTY BOARDS OF EDUCATION 2020-2021

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The Charter movement remained relatively small through the 1970s up until the 1980s when former president of the American Federation for Teachers, Albert Shanker, was recognized for helping to push the Charter school concept even further along. With his support, schools began to develop a test of “schools within schools” programs or “charters” in Philadelphia. When the results of these schools proved successful other districts began to start experimenting with this new method of education.

Charter Schools in the 1990s

By the 90s the State of Minnesota began setting up their own Charter program on the foundations of three basic values: opportunity, choice, and responsibility.

California was the second state to enact a charter school law, passing the measure in 1992 as a response to a failed statewide proposition on vouchers.

California was the second state to enact a charter school law, passing the measure in 1992. The law capped the total number of charter schools in the state at 100, with a maximum of 10 being allowed to operate in any one district. In 1998, the state legislature raised the cap to 250 and provided for its increase by 100 each subsequent year. In 1999, the legislature increased funding available to charter schools. For the 1999-2000 school year, the rate of charter school creation doubled. CDE reports that by 2016-17, there were 1,232 charter schools 986 were classroom-based, 246 were non classroom-based, 185 were conversations and 1,047 were start-up charter schools.

SB 1448 (Hart [D-Santa Barbara]), Ch. 781/1992 created California Charter School system. SB 1448 provided that a group or individual may circulate a petition to create a "charter school" within an existing public school district. The provisions of the charter, rather than the requirements of state law, local policies or local collective bargaining agreements governed a charter school, with some exceptions. Charters must include a variety of provisions including pupil achievement, governance of the school, admissions, discipline, staff qualifications, certain employee rights and a number of other criteria. Teachers were not required to be credentialed.

All charter petitions must be signed by at least half of the teachers at the school (or by 10 percent (10%) of the teachers district-wide) and approved by the school district's governing board. Governing boards may deny a petition or revoke a charter for any reason. In addition, the State Board of Education (SBE) did not have the authority to grant or revoke charters. If a charter is rejected by the governing board, a review panel is formed to consider the basis for the rejection. If the governing board again rejects the charter, the petitioners may appeal to the county board of education, which may grant the charter.

Stated that charter schools are part of the public school system as defined in Article IX of the California Constitution and are “under the exclusive control of the officers of the public schools.”



Excellent legislative overview of Charter laws from 1992 to 2019: https://www.treasurer.ca.gov/csfa/cschronology.asp

In 2006, President George W. Bush made several requests to push the Charter School Movement along. First he requested $219 million dollars in grant funds to support 1,200 different Charter schools. He also asked for an additional $50 million to support a Choice Incentive Fund for a “voucher system” allowing parents to transfer their students to other schools if they wished. Finally, his request for $37 million is assistance to help them get the necessary credit to renovate, lease, and/or buy new school facilities opened up even more Charters across the country.

$219 million dollars in grant funds to support 1,200 Charter schools $50 million to support a Choice Incentive Fund for a voucher system $37 million to assist Charters to renovate, lease, and/or buy new school facilities

Senate Bill 126

(Effective January 1,2020)

Signed in March, this law requires charter schools and charter school management organizations (CMOs) to follow the same open meetings, public records, and ethics laws as public school districts. It also establishes meeting requirements for CMOs with multiple schools, and requires that board meetings be recorded and posted on charter school websites.

Senate Bill 75

The 2019 Education Omnibus Trailer Bill (Effective Immediately)

Signed by the Governor in July, this law clarifies that discouraging enrollment of or pushing out high-needs students is illegal. The bill also requires charter schools to hold public hearings on their Local Control and Accountability Plan (LCAP) and to communicate with families in their home language, among other things.

Assembly Bill 1505

(Effective July 1, 2020, unless otherwise noted)

Signed by the Governor in October, AB 1505 allows school districts to consider the fiscal and community impact of new or expanding charter schools on their local community; allows districts in fiscal distress to deny new charter schools; moves control of authorizing to a more local level; aligns renewals with state standards; gives authorizers more tools when a school is not serving all students or has significant fiscal or governance issues; requires charter school educators to hold the same credentials as district educators (new teachers in 2020-21, currently

https://www.treasurer.ca.gov/csfa/cschronology.asp

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employed teachers in 2025-26 ); and establishes a 2-year moratorium on new non classroom-based schools (effective January 1, 2020), among other changes.

Assembly Bill 1507

(Effective January 1, 2020)

Signed in October, this law eliminates the ability to locate charter schools outside the authorizing school district or county. It includes provisions for renewals of existing charter schools that are currently located outside their authorizing district or county, requiring them to either apply to the district where they are physically located or have that district’s permission to continue to physically locate there.

California was the second state to enact a charter school law, passing the measure in 1992. The law capped the total number of charter schools in the state at 100, with a maximum of 10 being allowed to operate in any one district. In 1998, the state legislature raised the cap to 250 and provided for its increase by 100 each subsequent year. In 1999, the legislature increased funding available to charter schools. For the 1999-2000 school year, the rate of charter school creation doubled. CDE reports that by 2016-17, there were 1,232 charter schools 986 were classroom-based, 246 were non classroom-based, 185 were conversions and 1047 were start-up charter schools.

In 1992… 100: Law capped the number of charter schools in the state at 100 maximum of 10 being allowed to operate in any one district.



In 1998… 250: Raised the cap to 250. Provided for an increase by 100 each subsequent year.

In 1999… rate doubled: Increased funding available to charter schools. The rate of charter school creation doubled.

In 2019-209… 1,303: 1,303 charter schools; 986 classroom-based & 246 non classroom-based; 185 conversions & 1,047 start-up charter schools.

https://www.cde.ca.gov/sp/ch/cefcharterschools.asp

Currently 6.163 million students in public schools (2019-2020)


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Education Code 47605.6

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=47605.6.&lawCode=EDC





Fiscal impact may also be a basis for denial if: “The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 1240 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 1240, has a negative interim certification pursuant to Section 1240, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.” (Ed Code, § 47605, subd. (c)(8).))

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Assembly Bill 1505 Education Code Updates* Previous Non-Classroom Charter

Prohibit, from January 1, 2020, to January 1, 2022, inclusive, the approval of a petition for the establishment of a new charter school offering non-classroom based instruction and funded as specified.

No limits of authorizing new non-classroom based charter schools.

Teacher Credentialing

Require teachers in charter schools to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment, except that a person employed as a teacher in a charter school during the 2019–20 school year would have until July 1, 2025, to obtain that certificate, permit, or other document.

Teachers in charter schools to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to what a teacher in other public schools would be required to hold.

Charter Petition Timelines

No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board.

30 days after receiving a petition, public hearing must be held 60 days after hearing for governing board to render their decision no allowance for extending timelines by mutual agreement.

During Hearing: Presentation at Meeting

At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.

Previous law did not address.

Public Information The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter.

CBoE and Districts posted per Brown Act.



New Criteria for denial for New or Expanding

The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:

• the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings;

• charter school would duplicate a program currently offered;

• the school district is not positioned to absorb the fiscal impact of the proposed charter school

Criteria not in previous law

Charter Appeal Process

If the county board of education denies a petition, the petitioner may appeal that denial to the state board, SBE may reverse only upon a determination that there was an abuse of discretion.

Appeals to the SBE did not require "Abuse of Discretion."

Material Revisions in Appeal

If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration.


Criteria for Renewing a Charter School

The charter school shall have schoolwide performance levels on at least two measurements of academic performance per year in each of the two consecutive years immediately preceding the renewal decision - based on the California State Dashboard. The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.

API was used for criteria - no longer available and comparison was between charter and schools the students would attend.

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CDE publishes annual list indicating performance of charter which can be used for denial and continues to allow for governance and fiscal reasons.

AB 1507 Education Code Updates **

Location Charter school be submitted only to the governing board of the school district or county office of education within the boundaries of which the charter school proposes to locate or receive approval from district where charter operates

Charter schools can be located outside district or county.

SB 126 Education Code Updates ***

Transparency and Conflict of Interest

Charter schools and entities managing charter schools are 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, except as specified. There is an except: 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.

Previous laws did not define these requirements.

SB 75 - Trailer Bill Education Code Updates****

Discrimination This bill would prohibit a charter school from discouraging any pupil from enrolling or seeking to enroll in the charter school for any reason, and would also prohibit a charter school from encouraging any pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason. Charter schools are cannot request a pupil’s record or requiring a parent to provide a pupil’s records prior to enrollment in the charter school


*An act to amend Sections 47604.5, 47605, 47605.6, 47607, 47607.3, 47607.5, and 47632 of, to add Sections 47605.9 and 47607.8 to, to add and repeal Sections 47605.4, 47607.2, and 47612.7 of, and to repeal Section 47605.8 of, the Education Code, relating to charter schools.

**Assembly Bill No. 1507: CHAPTER 487: An act to amend Sections 47605, 47605.1, and 60640 of the Education Code, relating to charter schools.

***An act to add Section 47604.1 to the Education Code, relating to charter schools.



****An act to amend Sections 8227.7, 8239, 8263, 8265.5, 8278.3, 17375, 33050, 35147, 37700, 41202, 41202.5, 41203.1, 46392, 47604.33, 47605, 47605.6, 47606.5, 47632, 47635, 48985, 51222, 52064.5, 52065, 52073, 52452, 53070, 53071, 53072, 53073, 53075, 56122, 56836.08, 56836.165, 56836.24, 64001, 65001, 88827, 88828, 88830, 88831, and 88833 of, to amend the heading of Chapter 4.7 (commencing with Section 56475) of Part 30 of Division 4 of Title 2 of, to add Sections 8207, 8236.3, 8266.2, 14002.05, 41207.46, 41404.5, 44226, 56477, and 56836.045 to, to add Article 13.1 (commencing with Section 8280) and Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Article 5 (commencing with Section 44690) to Chapter 3.1 of Part 25 of Division 3 of Title 2 of, to add Article 14 (commencing with Section 45500) to Chapter 5 of Part 25 of Division 3 of Title 2 of, to add Article 6.5 (commencing with Section 56836.39) to Chapter 7.2 of Part 30 of Division 4 of Title 2. . .

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‣ Charter Schools Petition Handbook: includes process, Ed Code, expectations if granted https://www.bcoe.org/documents/FINAL%20BCOE%20Charter%20Admin%20Procuedres.v.3.10.2021.pdf

‣ California Department of Education: Charter Schools https://www.cde.ca.gov/sp/ch/

https://www.bcoe.org/documents/FINAL%20BCOE%20Charter%20Admin%20Procuedres.v.3.10.2021.pdf

https://www.bcoe.org/documents/FINAL%20BCOE%20Charter%20Admin%20Procuedres.v.3.10.2021.pdf

https://www.cde.ca.gov/sp/ch/

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The California Department of Education's (CDE) Charter Schools Division has developed a sample Memorandum of Understanding (MOU) (DOC) for charter schools approved by the State Board of Education.

See the excerpt on the next two pages (title page and table of contents)

https://www.cde.ca.gov/sp/ch/documents/sbemoutempltrev.doc

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California Department of Education Revised October 2007

Template for

Statewide Benefit Charter School

Charter School Approved on Appeal

Countywide Benefit Charter School

Memorandum of Understanding

Between

The California State Board of Education,

The California Department of Education

And

The ________________ Charter School

2007-08

California Department of Education

Charter Schools Division

Memorandum of Understanding



TABLE OF CONTENTS PURPOSE OF MEMORANDUM OF UNDERSTANDING 3 TERM OF MEMORANDUM OF UNDERSTANDING 4 TERM OF CHARTER 4 SECTION 1: GOVERNANCE AND ORGANIZATIONAL MANAGEMENT 5 1.1 Organization 5 1.2 Governing Board Establishment 5 1.3 Governing Board Activities 6 1.4 Administration 8 SECTION 2: EDUCATIONAL PERFORMANCE 13 2.1 Educational Program 13 2.2 Student Achievement Plan 14 2.3 Annual Update 14 2.4 Special Education 15 2.5 Independent Study 15 SECTION 3: FISCAL OPERATIONS 16 3.1 Funding 16 3.2 Fiscal Agent 16 3.3 Student Attendance Accounting and Reporting 16 3.4 Revenue and Expenditure Reporting 17 3.5 Annual Audit 18 3.6 Oversight Fees 19 3.7 State Teachers Retirement System (STRS)/Public Employees Retirement System (PERS) Reporting 19 SECTION 4: FULFILLING CHARTER TERMS 19 4.1 Material Amendments to Charter 20 4.2 State Assessments 20 4.3 Site Visits 20 4.4 Renewals 21 4.5 Notice to Cure and Revocation 22 4.6 Closure Procedures 23 SECTION 5: NONDISCRIMINATION 24 SECTION 6: SEVERABILITY 24 SECTION 7: NON-ASSIGNMENT 24 SECTION 8: WAIVER 24 SECTION 9: NOTIFICATION 24 ATTACHMENT A: Student Achievement Plan Guidelines 26 ATTACHMENT B: Pre-Opening Site Inspection Checklist 28 ATTACHMENT C: Documentation Review Checklist 32 ATTACHMENT D: SBE-Approved Charter Oversight Evaluation Form 36 ATTACHMENT E: School Closure Procedures Checklist 49 ATTACHMENT F: Supplemental Financial Information 55

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California Department of Education, Charter Schools:

https://www.cde.ca.gov/sp/ch/cefcharterschools.asp https://dq.cde.ca.gov/dataquest/dqcensus/EnrCharterSub.aspx?cds=00&agglevel=state&year=2019-20&ro=y


https://dq.cde.ca.gov/dataquest/dqcensus/EnrCharterSub.aspx?cds=00&agglevel=state&year=2019-20&ro=y

https://dq.cde.ca.gov/dataquest/dqcensus/EnrCharterSub.aspx?cds=00&agglevel=state&year=2019-20&ro=y



Education Code 47604.33 (LCAP) Education Code 47604.33 a-g Education Code 47605

Because of this, the general provisions of AB 1200 do not apply to charter schools; however, a charter school and its authorizing entity can agree in an MOU that AB 1200 and related standards will be followed as part of fiscal oversight.

https://www.fcmat.org/PublicationsReports/Fiscal_Oversight_Guide_final_10-2019.pdf

Charter schools are required to submit to the CSS for review the following items: (CBoE notified if there are concerns or need for action)

• Adopted budget • Monthly financial [and attendance] reports • 1st and 2nd interim reports • Unaudited actuals • Annual independent audit • Annual Local Control and Accountability Plan (LCAP)

Education Code 47604.32

(a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority:

(1) Identify at least one staff member as a contact person for the charter school.

(2) Visit each charter school at least annually.

(3) Ensure that each charter school under its authority complies with all reports required of charter schools by law, including the local control and accountability plan and annual update to the local control and accountability plan required pursuant to Section 47606.5.

(4) Monitor the fiscal condition of each charter school under its authority.

(5) Provide timely notification to the department if any of the following circumstances occur or will occur with regard to a charter school for which it is the chartering authority:

(A) A renewal of the charter is granted or denied.

(B) The charter is revoked.

(C) The charter school will cease operation for any reason.

(b) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.

(Amended by Stats. 2016, Ch. 29, Sec. 17. (SB 828) Effective June 27, 2016.)

https://www.fcmat.org/PublicationsReports/Fiscal_Oversight_Guide_final_10-2019.pdf

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What are the oversight responsibilities of a charter authorizing entity?

The charter authorizing entity is responsible for ensuring the charter school operates in compliance with all applicable laws and the terms of its charter. EC Section 47604.32 identifies the duties of a charter authorizing entity. Specifically, the charter authorizing entity must:

• Identify at least one staff member as a contact person for the charter school. • Visit each charter school at least annually. • Ensure that each charter school under its authority complies with all reports required of

charter schools by law. • Monitor the fiscal condition of each charter school under its authority. • Provide timely notification to the department if the charter is revoked or if the charter

school will cease operation for any reason.

In addition to the oversight responsibilities described above, “supervision” includes providing the charter school with general guidance and assistance on various issues, such as funding and compliance. A charter school may opt to contract with its charter authorizing entity or other sources to provide additional services such as administrative, insurance, maintenance, payroll, etc., on a fee-for-service basis.

A charter authorizing entity may establish an agreement with the charter school regarding the format, frequency, and scope of oversight activities. The California Department of Education's (CDE) Charter Schools Division has developed a sample Memorandum of Understanding (MOU) (DOC) for charter schools approved by the State Board of Education.

Who is responsible for student records?

The charter school’s governing board is responsible for developing policies and procedures to address the proper maintenance of student records. EC Section 47605(b)(5)(P) requires each charter to contain a description of the procedures for maintenance and transfer of pupil records including what happens to those records if the school closes.

Are charter schools subject to open meeting requirements?

Yes. Although charter schools are exempt from most laws applicable to school districts, they are not exempt from laws that generally apply to public agencies, including the legal requirement to hold open meetings. California Government Code Section 54950 et. seq. (commonly referred to as the “Brown Act”) requires that the deliberations and actions taken by local (public) agencies be conducted openly.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=47604.32.

https://www.cde.ca.gov/sp/ch/documents/sbemoutempltrev.doc

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=26.8.&chapter=2.&article=

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=26.8.&chapter=2.&article=

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=9.&article=





Teachers hired in 2019-2020 school year have until 2025 to obtain a credential.

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California Department of Education: https://www.cde.ca.gov/sp/ch/csclosurerules.asp

(d) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation is not liable for the debts or obligations of the charter school or for claims arising from the performance of acts, errors, or omissions by the charter school if the chartering authority has complied with all oversight responsibilities required by law, including, but not limited to, those required by Section 47604.32 and subdivision (m) of Section 47605.

And ALL can no longer operate as a for-profit entity (Ed. Code 47604(b)

https://www.cde.ca.gov/sp/ch/csclosurerules.asp

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Determining Charter School Performance Category, California Department of Education: https://www.cde.ca.gov/sp/ch/documents/determinecharterperf.pdf

https://www.cde.ca.gov/sp/ch/documents/determinecharterperf.pdf

DASS Graduation Rate Indicator

The graduation rate for Dashboard Alternative School Status (DASS) is based on the percent of students who attend an alternative high school, are enrolled in grade twelve, and meet enrollment requirements. This indicator applies to DASS schools with students in grades 12.

Note: Unlike the Four-Year Graduation Rate for non-alternative schools, students who earn a Special Education Certificate of Completion, a California High School Equivalency Certificate, or an adult education diploma are counted as graduating.

Calculating Current Year Data

Number of Students Who Earn a Regular High School Diploma plus Number of Students Who Earn a Special Education

Certificate of Completion plus Number of Students Who Earn a California High School

Equivalency Certificateplus Number of Students Who Earn an Adult Education Diploma

DIVIDED BY

Total Number of Students in

Grade 12

The result will fall into one of five levels, ranging from “Very High” to “Very Low.”

Comparing Current and Prior Year Data

We compare current and prior year data to see whether a school or district made improvement (i.e., had a higher rate of graduation in 2019 than it did in 2018) or experienced a decline.

Current Year Data MINUS Prior Year Data

The result will fall into one of five levels, ranging from “Increased Significantly” to “Declined Significantly.”

Taken together—current year data and its comparison with prior year data—a performance level, or color, is given. Access the flyer about How Dashboard Colors are Determined on the California Department of Education (CDE) website at https://www.cde.ca.gov/ta/ac/cm/documents/howcolorsdetermine.pdf. For information on the graduation rate for non-alternative schools, see the Four-Year Graduation Rate Indicator flyer on the CDE website at https://www.cde.ca.gov/ta/ac/cm/index.asp, under the Communications Toolkit tab.

For more information, please visit the CDE Accountability Model & School Dashboard web page at https://www.cde.ca.gov/ta/ac/cm/index.asp.

November 2019

https://www.cde.ca.gov/ta/ac/cm/documents/howcolorsdetermine.pdf

https://www.cde.ca.gov/ta/ac/cm/documents/howcolorsdetermine.pdf

https://www.cde.ca.gov/ta/ac/cm/index.asp



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Federal Public Charter Schools Grant Program (PCSGP) (expansion): https://www.cde.ca.gov/sp/ch/pcsgp.asp

Public and Private Grant Resources: http://library.ccsa.org/sections/grants/#source-federal

Walton Family Foundation Public Charter Start-up Grant: https://www.waltonfamilyfoundation.org/grants/public-charter-startup-grants

• Ten partner charter organizations • Unaffiliated start-ups ($100,000-$325,000)

https://www.cde.ca.gov/sp/ch/pcsgp.asp

http://library.ccsa.org/sections/grants/

https://www.waltonfamilyfoundation.org/grants/public-charter-startup-grants

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California School Finance Authority: https://www.treasurer.ca.gov/csfa/cschronology.asp

https://www.treasurer.ca.gov/csfa/cschronology.asp

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CSBA, Charter Schools: https://www.csba.org/charterschools

https://www.csba.org/charterschools

course 3 - ccsesa

Documents