​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 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.(EC 47605(c)(5)(j))​  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 408-453-3600 or 408-453-360​​5.

2. 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 the 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:  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. (EC 47605.6(b)(5)(J)​) ​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 408-453-3600 or 408-453-3605. Once disenrolled, the charter school will send the student’s file to the district of residence.  Please contact your district of residence.​​
   

4. 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 (EDN 35146). After the process is complete, the students' records will be sent to the new district of resi​​dence.

5. Q:  Can I appeal the charter school’s expulsion decision?
   A:  Each charter school sets its own expulsion procedures, which must be described in its “charter” [petition], a document that describes the charter schools' program (EC 47605(c) (5) (J)).  The charter school must ensure that your son/daughter’s due process rights are protected during the expulsion process. At a minimum, the charter school should provide the parents/guardians with the following (EDN 48911):
   • Provide timely, written notice of the charges against the student and an explanation of the student's basic rights;
   • Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the student has a fair opportunity to present testimony, evidence and witnesses and confront and cross-examine adverse witnesses, and at which time the student has the right to bring legal counsel or an advocate.
     
   • Contain a clear statement that no student shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the student has been provided written notice of the intent to remove the student no less than 5 school days before the effective date of the action.  The written notice shall be in the native language of the student or the student's parent or guardian or, if the student is a foster child or youth or a homeless child or youth, the student's educational rights holder, and shall inform him or her of the right to initiate the procedures specified above before the date of action. If the student's parent, guardian, or educational rights holder initiates the procedural process, the student shall remain enrolled and shall not be removed until the charter school issues a final decision
     

   • "Involuntarily removed" includes: disenrolled, dismissed, transferred, or terminated, but does not include suspensions​​​.

6. 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 school 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 (EC 48915.5).