BP 0420.4 — CHARTER SCHOOL AUTHORIZATION
Philosophy, Goals, Objectives and Comprehensive Plans BP 0420.4(a)
CHARTER SCHOOL AUTHORIZATION
The Board of Education recognizes that charter schools may assist the District in
offering diverse learning opportunities for District students. In considering any petition
to establish a charter school within the District, the Board shall consider the potential
of the charter school to provide students with a high-quality education that enables
them to achieve to their fullest potential.
One or more persons may submit a petition to the Board for a charter school to be
established within the District or for the conversion of an existing District school to a
charter school (Education Code 47605)
Any petition for a charter school shall include all components, signatures, and
statements required by law, as specified in the accompanying administrative regulation.
The proposed charter shall be attached to the petition.
The Superintendent or designee shall consult with legal counsel, as appropriate,
regarding compliance of the charter petition with legal requirements.
The Superintendent or designee may work with charter school petitioners prior to
the formal submission of the petition in order to ensure compliance of the petition with
legal requirements. As needed, the Superintendent or designee may also meet with
the petitioners to establish workable plans for contracted services which the District
may provide to the proposed charter school.
The Board shall not require any District student to attend the charter school, nor shall
it require any District employee to work at the charter school. (Education Code 47605)
Timelines for Board Action
Within 60 days of receiving a charter petition, the Board shall hold a public hearing
on the charter provisions, at which time the Board shall consider the level of support for
the petition by teachers, other District employees, and parents/guardians. A petition is
deemed received on the day the petitioner submits a petition to the District Office, along
with a signed certification that the petitioner deems the petition to be complete.
(Education Code 47605)
The Board shall either grant or deny the petition at a public hearing held within 90 days
of receiving the petition, or within 120 days with the consent of both the petitioner and
the Board. (Education Code 47605)
(cf. 9320 - Meetings and Notices)
BP 0420.4(b)
CHARTER SCHOOL AUTHORIZATION (cont.)
At least 15 days before the public hearing at which the Board will grant or deny the
charter, the District shall publish all staff recommendations regarding the petition,
including any recommended findings and, if applicable, certification from the County
Superintendent of Schools regarding the potential fiscal impact of the charter school on
the District. During the public hearing, the petitioners shall have equal time and
opportunity to present evidence and testimony in response to the staff recommendations
and findings. (Education Code 47605)
The Superintendent or designee shall maintain accurate records, in relation to each
charter petition, of documents submitted, the Board's proceedings, and the findings upon
which the Board's decision is made.
Education Code 47604.32(d) requires that each chartering authority shall “monitor the
fiscal condition of each charter school under its authority.” Article XVI, Section 6, of the
California constitution prohibits state and local agencies from making a gift of public
funds or lending the credit of a public agency to any private persons or corporations.
Education Code 47615(1) states that “charter schools are part of the public school
system.” The Board therefore shall not grant a charter petition when the budget
submitted with the petition is based upon the sale at any time of the charter school’s
future receivables to a private person or corporation.
Approval of Petition
A charter petition shall be granted only if the Board is satisfied that doing so is
consistent with sound educational practice and the interests of the community in which
the school is proposing to locate. In granting charters, the Board shall consider the
academic needs of the students the charter school proposes to serve and shall give
preference to petitions that demonstrate the capability to provide comprehensive
learning experiences for students who are identified by the petitioner as academically
low achieving, based on standards established by the California Department of
Education (CDE). (Education Code 47605)
The Board may initially grant a charter for a specified term not to exceed five years.
(Education Code 47607)
Prior to authorizing any charter, the Board shall verify that the charter includes
adequate processes and measures for monitoring and holding the school accountable
for fulfilling the terms of its charter and complying with all applicable laws, including
Education Code 47604.1. such processes and measures shall include, but are not
limited to, fiscal accountability systems, multiple measures for evaluating the
educational program, inspection, and observations of any part of the charter school, and
regular reports to the Board.
BP 0420.4(c)
CHARTER SCHOOL AUTHORIZATION (cont.)
The approval or denial of a charter petition shall not be controlled by collective
bargaining agreements nor subject to review or regulation by the Public Employment
Relations Board. (Education Code 47611.5)
The Board may approve one or more memoranda of understanding to clarify the
financial and operational agreements between the District and the charter school. Any
such memorandum of understanding shall be annually reviewed by the Board and
charter school governing body and amended as necessary.
When a petition is approved by the Board, it shall be the responsibility of the
petitioners to provide written notice of the Board's approval and a copy of the charter
to the County Superintendent of Schools, the CDE, and the State Board of Education
(SBE). (Education Code 47605)
Denial of Petition
The Board shall summarily deny any charter petition that proposes to:
1. Operate a charter school as or by a for-profit corporation, a for-profit educational
management organization, or a for-profit charter management organization
(Education Code 47604)
2. Convert a private school to a charter school (Education Code 47602)
3. Serve students in a grade level that is not served by the District, unless the petition
proposes to serve students in all the grade levels served by the District (Education
Code 47605)
4. Offer nonclassroom-based instruction (Education Code 47612.7)
Regarding all other charter petitions, the Board shall deny a petition only if the Board
makes written factual findings specific to the petition that one or more of the following
conditions exist: (Education Code 47605; 5 CCR 11967.5.1)
1. The charter school presents an unsound educational program that has a
likelihood of physical, educational, or psychological harm to, or which is not likely
to provide an educational benefit for, the students 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.
BP 0420.4(d)
CHARTER SCHOOL AUTHORIZATION (cont.)
4. The petition does not contain a clear, unequivocal statement described in
Education Code 47605(e), including that the charter school will be nonsectarian
and that the school shall not charge tuition or discriminate against any student
based on the characteristics specified in Education Code 220.
5. The petition does not contain reasonably comprehensive descriptions of the
charter provisions in Education Code 47605(c).
6. The petition does not contain a declaration as to whether the charter school shall
be deemed the exclusive public employer of the school’s employees for purposes
of collective bargaining pursuant to Government Code 3540-3549.3.
7. The charter school is demonstrably unlikely to serve the interests of the entire
community in which the schools is proposing to locate. Analysis of this finding
shall include consideration of the fiscal impact of the proposed charter school.
A written factual finding shall detail specific facts and circumstances regarding:
a. The extent to which the proposed charter school would substantially
undermine existing services, academic offerings, or programmatic
offerings
b. Whether the proposed charter school would duplicate a program
currently offered within the District, when the existing program has
sufficient capacity for the students proposed to be served within
reasonable proximity to where the charter school intends to locate
8. The District is not positioned to absorb the fiscal impact of the proposed charter
school. The District meets this criterion if it has a negative interim certification or
has a qualified interim certification and the county superintendent certifies that
approving the charter school would result in the District having a negative interim
certification.
The Board shall not deny a petition based on the actual or potential costs of serving
students with disabilities, nor shall it deny a petition solely because the charter school
might enroll students with disabilities who reside outside the special education local
plan area in which the District participates. (Education Code 47605.7, 47647)
(cf. 0430 - Comprehensive Local Plan for Special Education)
Appeals
If the Board denies a petition, the petitioners may choose to submit the petition to
the County Board of Education and, if then denied by the County Board, to the
SBE. (Education Code 47605)
BP 0420.4(e)
CHARTER SCHOOL AUTHORIZATION (cont.)
At the request of the petitioner, the Board shall prepare the documentary record,
including a transcript of the public hearing at which the Board denied the charter, no later
than 10 business days after the petitioner makes the request. (Education Code 47605)
Within 30 days of receipt of an appeal submitted to SBE, the Board may submit a written
opposition to SBE detailing, with specific citations to the documentary record, how the
Board did not abuse its discretion in denying the petition. (Education Code 47605)
If either the County Board or SBE remands the petition to the Board because the petition
on appeal contains new or different material terms, the Board shall reconsider the petition
and grant shall or deny the petition within 30 days. (Education Code 47605)
Legal Reference:
EDUCATION CODE
200 Equal rights and opportunities in state educational institutions
220 Nondiscrimination
1240 Duties of County Superintendent
17078.52-17078.66 Charter schools facility funding; state bond proceeds
17280-17317 Field Act
17365-17374 Field Act, fitness for occupancy
32282 Comprehensive safety plan
33126 School Accountability Report Card
41365 Charter school revolving loan fund
42131 Interim certification
42238.51-42238.2 Funding for charter districts
44237 Criminal record summary
44830.1 Certificated employees, conviction of a violent or serious felony
45122.1 Classified employees, conviction of a violent or serious felony
46201 Instructional minutes
47600-47616.7 Charter Schools Act of 1992
47640-47647 Special education funding for charter schools
47650-47652 Funding of charter schools
49011 Student fees
51745-51749.6 Independent study
52052 Accountability: numerically significant student subgroups
52060-52077 Local control and accountability plan
56026 Special education
56145-56146 Special education services in charter schools
CORPORATIONS CODE
5110-6910 Nonprofit public benefit corporations
GOVERNMENT CODE
1090-1099 Prohibitions applicable to specified officers
3540-3549.3 Educational Employment Relations Act
6250-6270 California Public Records Act
54950-54963 Ralph M. Brown Act
81000-91014 Political Reform Act of 1974
CODE OF REGULATIONS, TITLE 5
11700.1-11705 Independent study
BP 0420.4(f)
CHARTER SCHOOL AUTHORIZATION (cont.)
11960-11968.5.5 Charter schools
UNITED STATES CODE, TITLE 20
7223-7225 Charter schools
COURT DECISIONS
Ridgecrest Charter School v. Sierra Sands Unified School District, (2005) 130 Cal.App.4th 986
ATTORNEY GENERAL OPINIONS
Opinion No. 11-201 (2018)
89 Ops.Cal.Atty.Gen. 166 (2006)
80 Ops.Cal.Atty.Gen. 52 (1997)
78 Ops.Cal.Atty.Gen. 297 (1995)
Management Resources:
CALIFORNIA SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Uncharted Waters: Recommendations for Prioritizing Student Achievement and Effective Governance in
California's Charter Schools, September 2018
Charter Schools in Focus, Issue 1: Managing the Petition Review Process, Governance Brief,
November 2016
Charter Schools and Board Member Responsibilities, Education Insights Legal Update Webcast, March
2016
Charter Schools: A Guide for Governance Teams, rev. February 2016
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Sample Copy of a Memorandum of Understanding
U.S. DEPARTMENT OF EDUCATION PUBLICATIONS
Dear Colleague Letter: Guidance Regarding the Oversight of Charter Schools Program and Regulatory
Requirements, including the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, August 2016
Charter Schools Program: Title V, Part B of the ESEA, Nonregulatory Guidance, January 2014
Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary
and Secondary Schools, December 2011
WEBSITES
California School Boards Association: www.csba.org
California Charter Schools Association: www.ccsa.org
California Department of Education, Charter Schools: www.cde.ca.gov/sp/cs
National Association of Charter School Authorizers: www.qualitycharters.org
U.S. Department of Education: www.ed.gov
Chino Valley Unified School District
Policy approved: July 16, 2009
Revised: July 19, 2012
Revised: September 2, 2021