​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.

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 47605 (2) (B) and 47605.6 (2) (B) state 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 47614.5. 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 47605 (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 English Language Proficiency Assessments of California (ELPAC) 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 student’s designation and English proficiencies are reported annually to the state for each school on the school’s Language Cen​sus.

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 47605​​​​
   

6. 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 and approved by authorizer.

   Ed. Code 47605​​

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 after holding a public hearing.  These may only 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 47607​​
   

8. 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 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.” 
   
   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, special education, or English learner enrollment practices, even with the purpose of achieving pupil balance reflective of the jurisdiction. 

   Ed. Code 47605​

9. 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 12101-12213), 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 47605​​
   

10. 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 illegal 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).
    
    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:
    • Property tax payment receipt
    • Rental property contract, lease, or payment receipt
    • Utility service contract, statement, or payment receipt
    • Pay stub
    • Voter registration
    • Correspondence from a government agency
    • 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
• ELPAC, CAASPP, SBAC and other testing information
• I.E.P. (for children with disabilities)
• Immunizations/Health Information

Ed. Code 48204.1 and Ed. Code 48002

12. 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.” EC 49011