​​​​ 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:  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(c) (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?
   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 47604.32 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 47​60​5(c)(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 47​604 , 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 ben​efit 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 47604 (a)​
   

5. Q:  Does the Brown Act (e.g., open meetings, public disclosure, etc.) apply to the governing body of the charter school?
   A:  Yes. EC 47604.1.​ 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 54950 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 school’s 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. 

   Ed. Code 47605​​​

7. 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
   • 1st and 2nd Interim Reports
   • Unaudited actuals
   • Annual independent audit
     
   • Annual Local Control and Accountabilty Plan (LCAP)
     

   • Ed. Code 47604.33 (a), Ed. Code 47605 (I) and Ed. Code ​​ 47605 (m)

8. 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.