The Governing Board recognizes that charter schools may assist the district in offering diverse learning opportunities for students. In considering any petition to establish a charter school within the district, the Governing Board shall give thoughtful consideration to the potential of the charter school to provide students with a high-quality education that enables them to achieve to their fullest potential.
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\nOne or more persons may submit a petition to the Governing 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)
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\nAny 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. (Education Code 47605)
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\nThe Superintendent or designee shall consult with legal counsel, as appropriate, regarding compliance of the charter petition with legal requirements.
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\nThe 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.
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\nThe Governing 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)
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\nTimelines for Board Action
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\nWithin 60 days of receiving a charter petition, the Governing Board shall hold a public hearing on the charter provisions, at which time the Governing Board shall consider the level of support for the petition by district 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)
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\nThe Governing 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 Governing Board. (Education Code 47605)
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\nAt least 15 days before the public hearing at which the Governing 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)
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\nThe Superintendent or designee shall maintain accurate records, in relation to each charter petition, of documents submitted, the Governing Board's proceedings, and the findings upon which the Governing Board's decision is made.
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\nApproval of Petition
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\nA charter petition shall be granted only if the Governing 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 Governing 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 California Department of Education (CDE). (Education Code 47605)
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\nPrior to authorizing any charter, the Governing 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 Governing Board.
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\nThe 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 Governing Board. (Education Code 47611.5)
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\nThe Governing Board may approve one or more memoranda of understanding (MOU) to clarify the financial and operational agreements between the district and the charter school. Any such MOU shall be annually reviewed by the Governing Board and charter school governing body and amended as necessary.
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\nThe Governing Board may initially grant a charter for a specified term not to exceed five years. (Education Code 47607)
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\nWhen a petition is approved by the Governing Board, it shall be the responsibility of the petitioners to provide written notice of the Governing Board's approval and a copy of the petition to the County Superintendent, CDE, and the State Board of Education (SBE). (Education Code 47605)
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\nDenial of Petition
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\nThe Governing 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)
\n\n2. Convert a private school to a charter school (Education Code 47602)
\n\n3. 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)
\n\n4. Offer nonclassroom-based instruction (Education Code 47612.7)
\n\nRegarding all other charter petitions, the Governing Board shall deny a petition only if the Governing 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)
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