Charter Schools Department Frequently Asked Questions

Transcription

1 Charter Schools Department Frequently Asked Questions The information below relies heavily on the California Department of Education s FAQs website at and, where applicable, Santa Clara County Board of Education policy. The California Education Code is referred to below as Education Code or EC. These FAQs will be expanded periodically to include additional questions and answers. General 1. Q: What is a charter school? A: Charter schools are public schools, and they may provide instruction in grades kindergarten through twelve. A charter school is typically organized by a group of teachers, parents, community leaders, or a community based organization, and is authorized by an existing local public school board, county board of education, or the State Board of Education (SBE). Specific goals, operating procedures and a thorough description of the educational program for the charter school are detailed in a legally binding agreement or "charter" between the authorizing board and charter organizers. A charter school is exempted from many of the statutes and regulations that apply to school districts. Students enroll in charter schools on a voluntary basis. 2. Q: Are charters public schools? A: Yes. Charter schools are under the jurisdiction of the Public School System, as specified in California Education Code (EC) Section Q: Where can I find a list of all charter schools within Santa Clara County? A: A list of all charter schools located within Santa Clara County may be found at: 4. Q: Who may approve a charter school petition? A: Under EC Section 47605(b) the local school district governing board may approve charter schools, with a few exceptions, that will operate within its boundaries. EC sections 47605(j) and allow a petitioner to seek approval of a charter petition from a county board of education if the pupils to be served would normally be provided direct education and related services by the county office of education, if the petition has been previously denied by a local school district governing board within the county, or if the charter provides countywide services that cannot be provided by a district-approved charter school. EC Section allows a petitioner to request the State Board of Education (SBE) to approve 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 the approval of a charter petition by a local charter authorizing entity. 5. Q: Who is eligible to write and apply for a charter? A: Anyone may write and submit a charter petition. However, for new charter schools (not conversions of existing public schools) charter developers must obtain the signatures of either 50 percent (50%) of the teachers meaningfully interested in teaching at the school, or 50 percent (50%) of the parents of pupils expected to enroll at the school. For conversion schools, signatures of 50 percent (50%) 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 his or her child attend, the school. The proposed charter must be attached to the petition. Education Code Section (a) provides additional information about required signatures. 6. Q: What information must a charter school petition include? Page 1

2 A: Each charter petition must contain reasonably comprehensive descriptions of each of 16 required elements. The 16 elements, as specified in EC Section 47605(b)(5)(A-P) are: 1. A description of the educational program of the school. If the proposed charter school will serve high school pupils, a description of how the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements must be included in the charter petition. 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. The 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. A countywide charter petition must contain reasonably comprehensive descriptions of each of the 17 required elements. The 17 elements, as specified in EC Section (b) (5) (A-Q) are: 1. A description of the educational program of the school. If the proposed charter school will serve high school pupils, a description of how the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements must be included in the charter petition 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 location of each charter school facility that the petitioner proposed to operate. 5. The school s governance structure, including parent involvement. 6. The qualifications to be met by individuals employed by the school. 7. The procedures to ensure health and safety of pupils and staff. 8. The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. 9. The manner in which annual financial audits will be conducted, and in 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 Retire System, or federal social security. 12. A dispute resolution process. Page 2

3 Page A declaration whether or not the charter school will be the exclusive public school employer of the charter school employees. 14. Admissions requirements, if applicable. 15. The public school alternatives for pupils residing within the county who choose not to attend charter schools. 16. A description of the rights of any employee of the school district upon leaving 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. 17. The procedures to be used if the charter school closes. 7. Q: What is the timeline for developing, submitting, and approving a charter petition? A1: Developing- Charter developers may begin developing their charter petition at any time. A2: Submitting: The Santa Clara County Board of Education (BP b) encourages petitioners seeking approval to commence charter school operations at the start of the next school year to initiate the process not later than the prior December 15th. In the case of petitions received after that date, the County Board reserves the right to consider approval on the basis of a one-year delay in the commencement of the charter school operation. A3: Approving: EC Section 47605(b) specifies that a local governing board must hold a public hearing for a proposed charter within 30 days of receipt of the completed petition, and, within 60 days from receipt of the petition, either approve or deny the charter. This time line may be extended by 30 days if both parties agree to the extension. EC Section 47652(c) requires that a charter school commence instruction between July 1 and September 30. A county board of education must hold a public hearing for a charter petition received on appeal from a school district within 30 days of receipt of the completed petition and make a decision on the charter within 60 days of receipt of the petition. A public hearing for a petition for a countywide charter school must occur within 60 days of receipt of the petition and the county board must render a decision within 90 days of receipt of the petition. 8. Q: What is the process for applying to the County Board of Education to open a charter school? A: The Santa Clara County Office of Education (SCCOE) strongly recommends that a prospective petitioner schedule an interview to become oriented to the process for opening a charter school. The process includes, but is not limited to, an orientation interview, submission of the completed charter petition and application (2 hard copies and flash-drive), completion of the SCCOE Staff Charter Review Matrix, and submission of any supplementary documents at the time the petition is submitted. 9. Q: Who, at the Santa Clara County Office of Education, will review and evaluate a charter school petition and the capacity of the petitioner group? A: SCCOE staff experts from Business Services, Personnel Services, Education Services, Student Services, and the Charter School Department, Office of the Superintendent review and evaluate the charter petition using the SCCOE Charter School Staff Review Matrix. 10. Q: What are the restrictions on the establishment of a charter school? A: There are some 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. Additionally the following restrictions apply to charter schools: 1. EC Section 47602(b) prohibits the conversion of private schools to public charter schools. 2. EC Section 47605(d) requires that a charter school be nonsectarian in its programs, admission policies, employment practices, and all other operations; that it not discriminate against any pupil; and not charge tuition. 3. EC Section 47605(b)(5)(G) requires that the charter 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.

4 Page 4 4. EC sections 47605(d)(3)(e) and 47605(d)(3)(f) prohibit the governing board of a school district from requiring pupils to attend a charter school or from requiring any employee of the school district to be employed in a charter school. 11. Q: On what grounds can a local governing board deny approval of a charter petition? A: EC Section 47605(b) specifies that a local educational agency shall not deny the approval of a charter petition 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 EC Section 47605(d). (5) The petition does not contain reasonably comprehensive descriptions of all of the 16 required elements of the petition. 12. Q: On what grounds can a county board deny approval of a countywide charter petition? A: EC (b) specifies that the county board of education shall deny a petition for the establishment of a charter school if the board finds one or more of the following: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.] (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by EC (a). (4) The petition does not contain an affirmation of each of the conditions described in EC Section 47605(d). (5) The petition does not contain reasonably comprehensive descriptions of all of the 17 required elements of the petition. EC (a) (1) specifies that the county board of education may only approve a countywide charter if it finds, in addition to the other requirements of this section that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. EC (b) specifies that, A county board of education may grant a charter for the operation of a school under this part only if the board 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. 13. Q: Can the County Office of Education consider the impact on local district schools when deciding whether to authorize a charter school? A: The County Office of Education, or any authorizing agencies, cannot consider the impact on local district s schools when deciding whether to authorize a charter school. 14. Q: What is the process for closing a charter school? What happens to the school's assets and remaining fund balances? A: EC Section 47605(b)(5)(P) requires each charter to contain a description of the procedures to be used if the school closes, including a final audit, plans for disposing of all assets (fixed assets and remaining fund balances), and maintenance and transfer of pupil records. If a charter school is established as a nonprofit corporation, the corporate bylaws and the statutes governing nonprofit corporations apply. Regulations pertaining to charter school closure are found in California Code of Regulations, Title 5, sections and A recommended process for closing a charter school can be found on the California Department of Education s Charter Schools Division Web page at

5 15. Q: How does the Santa Clara County Board of Education determine whether to approve a petition? A: EC (b) states that a school district governing board shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. 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, specific to the particular petition, setting forth specific facts to support one, or more, of the following findings: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by subdivision (a) (4) The petition does not contain an affirmation of each of the conditions described in subdivision (d). (5) The petition does not contain reasonably comprehensive descriptions of all of the [required charter elements]. A petition must present a sound educational program and those identified to lead and operate the school must demonstrate a strong capacity to successfully implement the program as set forth in the petition. Reasonably comprehensive descriptions of each required element are thus evaluated based on the extent to which the soundness of the educational program and the capacity of the petitioner can be established. 16. Q: Can the Superintendent s/board of Education s denial of a charter petition be appealed? A: Yes. A petitioner may submit the same charter petition to the County Board of Education for review and approval, and if that is not successful, then the denied petition may be further submitted to the State Board of Education for approval. District staff may choose to defend its denial recommendation at the county and state level in an effort to reiterate the material nature of the findings outlined in the staff report, as well as to encourage petitioners to address these findings and resubmit their charter petition for consideration by the District Board of Education. 17. Q: Can the county board s denial of a charter petition be appealed? A1: If the denial concerns a charter petition that was submitted to the county board either directly or on appeal from a district, the denied petition may be further submitted to the State Board of Education for approval. A2: EC (k) specifies, If a county board denies a [countywide charter] petition, the petitioner may not elect to submit the petition for the establishment of the charter school to the State Board of Education. 18. Q: What is SCCOE's process for reviewing charter petitions received on appeal? A: Charter petitions denied by a local school district governing board within the Santa Clara County may be submitted to the County Board for review within 180 calendar days of the school district's denial. The SCCOE has a team of charter petition reviewers that is composed of experts from Business Services, Personnel Services, Educational Services, Student Services, the Charter Schools Department, Office of the Superintendent. The process for reviewing a charter petition on appeal is the same as the initial process used for the initial review of a charter petition and is specified in Education Code Section (b) and for a countywide charter petition, Education Code (b). Staff reports and board transmittals from the denying school district are generally requested during the review of a charter petition that has been received on appeal. 19. Q: Who is responsible for student records? A: 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. Page 5

6 Page Q: Will I be required to volunteer? A: While parental involvement is a critical key to student success, no student would ever be punished or lose their place at a school based on a parent's volunteer hours. Decisions about parental involvement often involve an agreement between parents, teachers, and administrators. 21. Q: What is the protocol for filing a complaint about a charter school? A: Complaints should first be addressed at the school site by talking with the teacher and, if necessary, the school principal. If the problem is not resolved, the school s governing board should be contacted, followed by the school s charter authorizing entity. Charter schools receiving federal funds are subject to provisions of the Uniform Complaint Procedure. 22. Q: Can a traditional high school refuse to accept credits earned by a student who transfers from a charter high school? A: Yes. California EC Section 47605(b)(5)(A)(ii) requires that each charter for a school serving high school students include a description of procedures the school will use to notify parents about course transferability to other public high schools and the eligibility of courses to meet college entrance requirements. A school district governing board may establish criteria for accepting course credits earned at another school and may disallow credits where it deems it appropriate to do so. 23. Q: Is it OK for charter schools to charge for books and instructional materials? A: No. For required courses during the school day or during intervention, charter schools may not charge for books and instructional materials. They may charge for supplemental programs, child care and sports. 24. Q: Why is the local school district, rather than the County Office of Education, responsible for providing facilities to charter schools authorized by the County Office of Education? A: Prop 39 legislation provides charter schools the option of applying to a school district for facilities if the charter school enrollment includes at least 80 students from the school district. Prop 39, introduced in the November 2000 ballot, amended California Education Code with the intent that public school facilities should be shared fairly among all public school pupils, including those in charter schools. The County Office of Education provides facilities for programs that it is mandated by law to provide (e.g., Alternative Education and Special Education); however, it does not provide school buildings and/or facilities to charter schools or regular public schools or school districts. Key provision of Prop 39 can be found in the State Board of Education (SBE) adopted regulations (California Code of Regulations, Title 5 (5 CCR) sections Additional information on Prop 39 can be accessed from the California Department of Education s website at and and from the California Code of Regulations, Title 5, sections , , , , , , , , at Q: What criteria does the County Board of Education follow when considering a charter petition? A: In order to deny the establishment of a charter school, the authorizing board must find one or more of the following: Charter law requires that the charter shall be granted unless the authorizing board makes written factual finds, citing specific facts that one or more of the following conditions exist: The charter petition presents an unsound educational program for the students to be enrolled in the charter school. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. The petition does not contain the number or required signatures. The petition does not contain an affirmation of each of the condition described in Education Code 47605(d).

7 The petition does not contain reasonably comprehensive description of the 16 required charter elements. Ed Code (b) The [authorizing] board is not allowed to consider the potential impacts a charter school would have on the other educational programs of a district or the district s fiscal health or state of its facilities, among other issues (November 2009, CSBA, p. 33) Admissions Requirements 1. Q: How can I apply for a charter school? Are there admission requirements? A: Any child eligible for admission to a traditional public school is eligible for admission to a public charter school. Admission to a charter school cannot be limited on the basis of disability, race, creed, gender, national origin, religion, ancestry, intellectual ability, measures of achievement or aptitude, or athletic ability. Charter schools must accept all students who wish to attend, so long as there is space. 2. Q: What if more students apply than a charter school can enroll? A: If the number of applicants exceeds the number of available seats, a random public lottery, must be held. Education Code Section (2) (B) states that,. if the number of pupils who wish to attend the charter school exceeds the school s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in Section Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law. 3. Q: Can students be counseled out of enrolling in or continuing to attend, a charter school? A: No. According to California Education Code Section (2) (A), A charter school shall admit all pupils who wish to attend the school. Additionally, Charter schools may not discriminate against or discourage enrollment of any student with an Individualized Education Program (IEP) who would otherwise be admitted to the charter school. 4. Q: What responsibilities do charter schools have to identify students as English learners? A: During initial enrollment in a California public school, parents or guardians of all students are required to complete a Home Language Survey (HLS) comprised of four questions. When the HLS indicates a language other than English, the student s English language proficiency is determined using the California English Language Development Test which is administered within 30 calendar days of school enrollment. During initial enrollment, students identified as English learners are further assessed in their primary language to determine proficiencies in listening, speaking, reading, and writing. Results of each student s assessments are to be sent to parents or guardians in a language they understand. Final results of students designation and English proficiencies are reported annually to the state for each school on the school s Language Census. 5. Q: Who is eligible to enroll in a public charter and how are they selected? A: A charter school shall admit all pupils who wish to attend the school. However, if the number of pupils who wish to attend the charter school exceeds the school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district. Ed. Code Q: Can a charter petition include other enrollment preferences (e.g., siblings, children of staff, geographic areas, etc.)? A: Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law. Ed. Code Page 7

8 Page 8 7. Q: Can enrollment preferences in a charter petition be changed? A: All enrollment preferences (other than being currently enrolled or residing in the district) must be included in the petition authorized by the district/county board. These may be changed through a material revision approved by the district/county board that approved the charter. Material revisions may only be initiated by the charter petitioner. Ed. Code Q: Are charter schools required to have enrollment demographics that match those of the district in which they operate? A: The charter petition must include a description of The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. This is understood to be an outreach and recruitment plan to encourage applications for enrollment that is reflective of the general population within the district. Charters are charged with developing and implementing effective outreach and recruitment plans; however, they are prohibited by law from implementing racial and ethnic enrollment practices, even with the purpose of achieving racial and ethnic balance reflective of the jurisdiction. Ed. Code Q: Can charter schools be required to enroll students according to their demographic characteristics in order to achieve specific targets or equity with district averages? A: No. Enrolling students based upon their race, ethnicity or other characteristics is illegal. While charter schools may enroll pupils using legal preferences (i.e., previously enrolled, within district, etc.) racial/ethnic preferences are not legal. Ed. Code 220 and 47605, Gov. Code 11135, Title VI of the Civil Rights Act of 1964 (42 USC 2000d-2000d- 7),Americans with Disabilities Act (42 USC ), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) In addition, Education Code requires that all students be admitted unless there is limited enrollment space, and then they be admitted according to a random public lottery. Ed. Code Q: What is the responsibility of the charter school in enrolling and serving students with disabilities? A: It is the responsibility of the charter school to ensure that its recruitment, enrollment processes, and application requirements in no way discriminate against students of a particular race, color, or national origin, or against students with disabilities. The charter school must enroll students with disabilities and must provide all students who are eligible for special education with a free appropriate public education in the least restrictive environment. (IDEA, 1990) Regarding the submission of an application to attend a charter school, it is advisable that the charter school refrain from asking for health and disability-related information until after the student has been accepted into [the] school or has decided to enroll. 11. Q: What information is required to apply for charter school enrollment? A: The charter school may request information on the child s name, parent/guardian contact information, age, and grade. If a lottery system will be used to select applicants, additional information may be requested to determine preference eligibility. After the lottery process and once an offer of placement has been accepted by the student/family additional information may be requested as part of the enrollment process. This may include proof of residence (for preference eligibility) and age (for kindergarten or first grade).

9 Page 9 Evidence of residency may be established by documentation showing the name and address of the parent/guardian within the district, including, but not limited to, any of the following: 1. Property tax payment receipt 2. Rental property contract, lease, or payment receipt 3. Utility service contract, statement, or payment receipt 4. Pay stub 5. Voter registration 6. Correspondence from a government agency 7. Declaration of residency executed by the student's parent/guardian A variety of documents may be used to verify age including: a certified copy of a birth record or a statement by the local registrar or a county recorder certifying the date of birth, or a baptism certificate duly attested, or a passport, or, when none of the foregoing is obtainable, an affidavit of the parent, guardian, or custodian of the minor, or any other appropriate means of proving the age of the child as prescribed by the governing board of the school district. Once enrolled, the charter school may request additional information to facilitate planning for the pupil s education such as Transcripts CELDT and other testing information I.E.P. (for children with disabilities) Immunizations/Health Information Ed. Code and Ed. Code Q: Can a charter school require donations as a condition of enrollment? A: No. Charter schools are public schools and may not require donations or fees as a condition of enrollment. According to the California Code of Regulations, Title 5, Section 350, a pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law. A school can solicit a voluntary donation as long as it truly is voluntary and a child s ability to participate in a school activity is not conditioned on making a donation. Governance, Oversight and Liability 1. Q: What is the governance structure of a charter school? A: Charter school governance structures vary. Many schools involve the school s stakeholders, including parents, teachers, administrators, classified staff, and community leaders. California Education Code (EC) Section 47605(b) (5) (D) requires the charter include a reasonably comprehensive description of the school s governance structure. If a charter school elects to operate as a nonprofit, public benefit corporation, as allowed by EC Section 47604, the charter authorizing entity is entitled to a representative on the corporation s board of directors. When a charter school is governed by a nonprofit public benefit corporation, the charter authorizing entity may not be liable for any of the debts or obligations of the charter school. Nonprofit corporations operating charter schools in California are subject to the laws governing nonprofit corporations in the California Corporations Code and all charter school laws. 2. Q: What are the oversight responsibilities of a charter authorizing entity like the Santa Clara County Office of Education?

10 Page 10 A: The charter authorizing entity is responsible for ensuring the charter school operates in compliance with all applicable laws and terms of its charter. EC Section identifies the duties of a charter authorizing entity. Specifically, the charter authorizing entity must: 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. 4. Monitor the fiscal condition of each charter school under its authority. 5. Provide timely notification to the department if the charter is revoked or if the charter school will cease operation for any reason. 3. Q: Who is responsible for the governance of a charter school? A: Charter school governance structures vary. Many schools involve the school s stakeholders, including parents, teachers, administrators, classified staff, and community leaders. California Education Code 47605(b)(5)(D) requires that the charter include a reasonably comprehensive description of the school s governance structure. If a charter school elects to operate as a nonprofit, public benefit corporation, as allowed by EC 47604, the charter authorizing entity is entitled to a representative on the corporation s board of directors. When a charter school is governed by a nonprofit public benefit corporation, the charter authorizing entity may not be liable for any of the debts or obligations of the charter school. Nonprofit corporations operating charter schools in California are subject to the laws governing nonprofit corporations in the California Corporations Code and all charter school laws. (CDE, Charter Schools FAQs) 4. Q: What are the requirements for sitting on the governance body of the charter school? A: The requirements for sitting on the governance body of the charter school are delineated in the by-laws of the charter if the charter has elected to operate as a non-profit public benefit corporation. Ed. Code (a) 5. Q: Does the Brown Act (e.g., open meetings, public disclosure, etc.) apply to the governing body of the charter school? A: According to the CDE s Frequently Asked Questions (FAQs), 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 et. seq. (commonly referred to as the Brown Act ) requires that the deliberations and actions taken by local (public) agencies be conducted openly. From CDE Charter School FAQs 6. Q: How does the County Office of Education monitor charter schools recruitment and enrollment practices? A: The COE s annual monitoring protocols include a review of the charter schools plans and practices to achieve student balance, admission requirements, and programs to respond to diverse student needs, including students with special needs and English Learners. In addition to reviewing plans and protocols, COE staff review records and compare charter patterns and district patterns and may make recommendations for change if significant differences are found between the charter school and district patterns. Ed. Code Q: How does the County Office of Education monitor the finances and operations of the charter schools authorized by the County Board of Education? A: Charter schools are required to submit to the authorizer for review the following items: Adopted budget Monthly financial [and attendance] reports

11 1 st and 2 nd Interim Reports Unaudited actuals Annual independent audit Ed. Code (a), Ed. Code (I) and Ed. Code (m) Legal Compliance 1. Q: From what laws are charter schools exempt? A: Charter schools are generally exempt from California State laws governing school districts, except where specifically imposed by California Education Code (EC) Section Some of the laws with which charter schools must comply are: 1. State and federal constitutions. 2. The California Charter Schools Act (EC Section et. seq.). 3. All federal laws (e.g., Individuals with Disabilities Education Improvement Act, Americans with Disabilities Act, and the Rehabilitation Act). 4. All laws that are a condition of funding for a specific program for which the charter school chooses to participate (e.g., No Child Left Behind [NCLB] Act of 2001) 5. Laws establishing minimum age for school attendance. 6. Laws governing nonclassroom-based programs (whether defined as independent study, home schooling, distance learning, personalized learning or virtual). 7. Educational Employees Relations Act (California Government Code Section 3540 et. seq.). 8. State pupil testing programs (e.g., Physical Fitness Test, Standardized Testing and Reporting, California High School Exit Examination, California English Language Development Test.) 9. Specific provisions of law related to teachers retirement and employee relations. 2. Q: Are charter schools exempt from federal requirements? A: No. While EC Section exempts charter schools from most of the California laws governing school districts, charter schools are not exempt from federal requirements. Some examples of federal laws with which charter schools must comply are the Individuals with Disabilities Education Improvement Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the No Child Left Behind Act of 2001, and any requirements that are a condition of receiving of federal funding. 3. Q: Are charter schools required to have a school site council or a Single Plan for Student Achievement? A: No. EC Section exempts charter schools from most EC sections, including the requirement for the Single Plan for Student Achievement and school site councils referenced in EC Section Q: Are charter schools subject to open meeting requirements? A: Yes. Although charter school are exempt from most laws applicable to school districts, they are not exempt from laws that generally apply to all public agencies, including the legal requirement to hold open meetings. California Government Code Section et. seq. (commonly referred to as the Brown Act ) requires that the deliberations and actions taken by local public agencies be conducted openly. 5. Q: What health and safety requirements apply to charter schools? A: EC Section 47605(b)(5)(F) specifies that the charter must describe the procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures must include the requirement that each employee of the school furnish the school with a criminal record summary as described in EC Section 44237, a full description of a school's health and safety policies which may include a variety of issues, such as immunizations, tuberculosis testing, and disaster procedures. The California Health and Safety Code Section requires children to have a comprehensive health screening and evaluation upon school entry. Page 11

12 Testing and Accountability 1. Q: What are the instructional time requirements for a charter school? A: A charter school must offer the minimum number of annual minutes by grade level as required by California Education Code (EC) sections and 46201(a)(3). Page 12 Charter schools are required to operate 175 days to receive a full apportionment but have scheduling flexibility for meeting the total annual minute requirement within the fiscal year. 2. Q: Must charter schools develop a School Accountability Report Card? A: Yes. Article XVI Section 8.5(e) of the California Constitution requires that a "school district maintaining an elementary or secondary school shall develop and cause to be prepared an annual audit accounting for such funds and shall adopt a School Accountability Report Card [SARC] for each school. 3. Q: Can a charter school require each student to participate in state testing? A: Charter school pupils are required to participate in all statewide assessments that are applicable to pupils in non-charter public schools. Parents have the right to waive, under specified conditions, state testing requirements for the STAR program. A charter school cannot disregard or take away this parental right. Charter Expulsions Information provided in these responses relies heavily on the San Diego Unified School District s FAQs website at 1. Q: What should I do if I have been asked or told to disenroll my son /daughter from the charter school? A: Unless a student is expelled, a charter school may not deny admission, readmission, enrollment or reenrollment to any student who has satisfied the charter school s admission process, which may include a lottery or random public drawing. Charter schools may not disenroll a student for behavior, academic performance, or on the basis of disability. If you have questions or believe that your son/daughter has been disenrolled by a charter school, please contact the Charter Schools Department, Santa Clara County Office of Education at or Q: I reside within a school district different from the district in which the charter school my son/daughter attends is located. What happens after my son/daughter has been expelled from the charter school? A: The charter school will send the student s file to your school district of residence. The school district of residence will review the charter school s expulsion decision and speak with you about your options, which may include programs offered by the district, county, or other charter schools. 3. Q: My son/daughter attends a countywide charter school. What should I do if I have been asked or told to disenroll my son/daughter from the countywide charter school? A: The charter school will send the student s file to your district of residence. Please contact your district of residence. 4. Q: I do not reside within the school district in which the charter is located. What happens after my son/daughter has been expelled from the charter school? A: The charter school will send the student s file to your district of residence. Please contact your district of residence. 5. Q: What if the student moves to another district during the expulsion process? A: Charter schools are responsible for completing the expulsion process, including notification of the student s rights, applicable deadlines, and results of the expulsion hearing. 6. Q: Can I appeal the charter school s expulsion decision? A: Every charter school sets its own expulsion procedures, which must be described in its charter [petition] a document that describes the charter schools program. The charter school must ensure that your son/daughter s

13 due process rights are protected during the expulsion process. At a minimum, the charter school should provide the parents/guardians with the following: Written notice of the date and place of the expulsion hearing; A statement of the specific facts and charges upon which the proposed expulsion is based; A copy of the charter school s disciplinary rules that relate to the alleged violation; and Notice of the opportunity for the student or parent/guardian to appear in person or be represented by legal counsel or by a non-attorney adviser, to inspect and obtain copies of all documents to be used at the hearing, to confront and question all witnesses who testify at the hearing, to question all other evidence presented, and to present oral and documentary evidence on the student s behalf, including witnesses. 7. Q: My son/daughter has a 504 Plan or IEP. Is the charter school required to convene a manifestation determination meeting prior to expelling my son/daughter from the charter school? A: Yes, charter schools students who are eligible for either a 504 Plan or IEP are entitled to a manifestation determination meeting prior to expulsion. The respective 504 Plan or IEP procedural safeguards apply to charter school students, consistent with IDEA and Section 504 of the Rehabilitation Act. Page 13