The information below relies heavily on the California Department of Education’s website at
http://www.cde.ca.gov/sp/cs/re/cefcharterschools.asp 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.
Q: What is a charter school?
A: Charter schools are public schools, and they may provide instruction in grades transitional-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.
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
47615.
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: https://www.sccoe.org/supoffice/charter-schools-office/Pages/Santa-Clara-County-Charter-Schools.aspx
-
Q: Who may approve a charter school petition?
A: Under EC Section
47605(c) 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
47605.6 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.
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 validated 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
47605 (a) provides additional information about required signatures.
-
Q: What information must a charter school petition include?
A:
Each charter petition must contain reasonably comprehensive descriptions
of each of 15 required elements. The 15 elements, as specified in EC Section
47605(c)(5)(A-O) are:
- A description of the educational program of the school, including, who the charter school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. 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.
- The measurable pupil outcomes identified for use by the school.
- The method by which pupil progress in meeting those pupil outcomes is to be measured.
- The school’s governance structure, including parental involvement.
- The qualifications to be met by individuals employed by the school.
- The procedures to ensure health and safety of pupils and staff, including: employee criminal background checks, safety plans which include topics per EC 44237, and updated and reviewed safety plans by March 1 each year,
- The means by which the school will a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated English proficient pupils, reflective of the general population residing in the territorial jurisdiction of district where the charter is located.
- Admissions policies and procedures consistent with EC 47605(e).
- The manner in which annual financial audits will be conducted, and the manner in which audit exceptions and deficiencies will be resolved.
- The procedures by which pupils may be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason (see EC 47605(c)(5)(J)).
- Provisions for employee coverage under the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
- The public school alternatives for pupils residing within the district who choose not to attend charter schools.
- 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.
- A dispute resolution process.
The procedures to be used if the charter school closes.
A
countywide charter petition must contain reasonably comprehensive descriptions of
each of the 16 required elements. The 16 elements, as specified in EC Section
47605.6 (b) (5) (A-P) are:
- A description of the educational program of the school, including, who the charter school is attempting to educate, what it means to be an educuated person in the 21st century, and how learning best occurs . 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
- The measurable pupil outcomes identified for use by the school.
- The method by which pupil progress in meeting those pupil outcomes is to be measured.
- The location of each charter school facility that the petitioner proposed to operate.
- The school’s governance structure, including parent involvement.
- The qualifications to be met by individuals employed by the school.
- The procedures to ensure health and safety of pupils and staff, including: employee criminal background checks, safety plans which include topics per EC 44237, and updated and reviewed safety plans by March 1 each year.
- The means by which the school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated English proficient pupils, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.
- The manner in which annual financial audits will be conducted, and in the manner in which audit exceptions and deficiencies will be resolved.
- The procedures
which pupils may be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason, see EC 47605.6(b)(5)(G).
- Provisions for employee coverage under the State Teachers Retirement System, the Public Employees Retire System, or federal social security.
- A dispute resolution process.
- Admissions policies and procedures.
- The public school alternatives for pupils residing within the county who choose not to attend charter schools.
- 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.
The procedures to be used if the charter school closes.
-
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 0420.4) 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 60 days of receipt of the completed petition, and, within 90 days from receipt of the petition, either approve or deny the charter. This timeline 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 60 days of receipt of the completed petition and make a decision on the charter within 90 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.
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 (1 hard copy and a flash-drive of all electronic documents and appendices), completion of the SCCOE Staff Charter Review Matrix, and submission of any supplementary documents at the time the petition is submitted. Submission Process for Petitions Submitted on Appeal
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's Charter Schools Department staff in consultation with SCCOE staff experts from Business Services, Personnel Services, Education Services, Student Services, and the Office of the Superintendent review and evaluate the charter petition using the SCCOE Charter Schools Department Review Matrix.
-
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:
- EC Section
47602(b) prohibits the conversion of private schools to public charter schools.
- EC Section
47605(e) 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.
- EC Section
47605(c)(5)(G) requires that the charter include a description of the school’s means for achieving a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated English proficient pupils, that is reflective of the general population residing in the territorial jurisdiction of district in which the charter school is located.
EC sections
47605(e)(3)(e) and
47605(e)(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.
-
Q: On what grounds can a local governing board deny approval of a charter petition?
A: EC Section
47605(c) 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:
- The charter school presents an unsound educational program.
- The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
- The petition does not contain the required number of signatures.
- The petition does not contain an affirmation of each of the conditions described in EC Section 47605(d).
- The petition does not contain reasonably comprehensive descriptions of all of the 15 required elements of the petition.
- The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
- The charter 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 based on (a) the extent to which the charter school would substantially undermine the existing services or (b) whether the proposed charter school would duplicate a program currently offered by the district and whether the existing program has sufficient capacity for the proposed students being offered to be served.
- The school district is not positioned to absorb the fiscal impact of the proposed charter.
-
Q: On what grounds can a county board deny approval of a
countywide charter petition?
A: EC
47605.6 (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:
- The charter school presents an unsound educational program for the pupils 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 of signatures required by EC
47605 (a).
- The petition does not contain an affirmation of each of the conditions described in EC Section
47605(d).
- The petition does not contain reasonably comprehensive descriptions of all of the 16 required elements of the petition.
- The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
- Any other basis that the county board of education finds justifies the denial of the petition
EC
47605.6 (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
47605.6 (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….”
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.
-
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(c)(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 11962 and 11962.1. A recommended process for closing a charter school can be found on the California Department of Education’s Charter Schools Division Web page at https://www.cde.ca.gov/sp/ch/csclosurerules.asp
-
Q: How does the Santa Clara County Board of Education determine whether to approve a petition?
A: EC
47605 (c) 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:
- The charter school presents an unsound educational program for the pupils 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 of signatures required by subdivision (a)
- The petition does not contain an affirmation of each of the conditions described in subdivision (d).
- The petition does not contain reasonably comprehensive descriptions of all of the [required charter elements].
- The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. ”
- The charter 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 based on (a) the extent to which the charter school would substantially undermine the existing services or (b) whether the proposed charter school would duplicate a program currently offered by the district and whether the existing program has sufficient capacity for the proposed students being offered to be served.
- The school district is not positioned to absorb the fiscal impact of the proposed charter.
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.
Q: Can the 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 review to determine whether the County Board of Education abused its discretion. 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.
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 review to determine whether the County Board abused its discretion.
A2: EC
47605.6 (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.”
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 30 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, and the Charter Schools Department. 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
47605 (c) and for a countywide charter petition, Education Code
47605.6 (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.
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(c)(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.
Q: Will parents 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. Volunteering is NOT expected or a requirement (EC
49011 (c)).
Q: What is the protocol for filing a complaint about a charter school?
A: As each charter school is its' own entity, complaints should be addressed following each school's individual complaint process. This process usually starts by first 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.
SCCOE's Charter Schools Department's process upon receiving a complaint is to provide information and clarification regarding the process and redirect the complaint back to the charter school.
Charter schools receiving federal funds are subject to provisions of the Uniform Complaint Procedure. SCCOE's Charter Schools Department staff are available to clarify and assist if this step is necessary. Contact (408) 453-3600 for assistance or visit the California Department of Education at https://www.cde.ca.gov/re/cp/uc/ for more information.
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(c)(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.
Q: Is it OK for charter schools to charge for books and instructional materials?
A: No. As a public school, charter schools may not charge tuition or fees (EC
49011). 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.
-
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 47614 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 11969.1 - 11969.11.
Additional information on Prop 39 can be accessed from the California Department of Education’s website at
http://www.cde.ca.gov/sp/cs/as/proposition39.asp and
http://www.cde.ca.gov/ls/fa/cs; and from the
California Code of Regulations, Title 5, sections 11969.1, 11969.2, 11969.3, 11969.4, 11969.6, 11969.7, 11969.8, 11969.10, 11969.11 at
http://government.westlaw.com/linkedslice/default.asp?SP=ccr-1000.
-
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 [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.”