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Overview, Approval, Start-Up, and Renewal Issues

Responses to these frequently asked questions are advisory only. Charter schools and charter authorizers are encouraged to review the actual laws and regulations that provide the basis for these responses and consult with their own legal counsel regarding the application of any of these issues to a specific situation.

Q.1. What is a "charter school"?
Q.2. What is the purpose of a "charter school"?
Q.3. From what laws are charter schools exempt?
Q.4. Is there a cap on the number of charter schools?
Q.5. Who is eligible to write a charter?
Q.6. What are the restrictions on the establishment of a charter school?
Q.7. Who may approve a charter school petition?
Q.8. What is the timeline for developing and approving a charter petition?
Q.9. On what basis might a local governing board deny a charter?
Q.10. What are the required elements of a charter petition?
Q.11. What other information, if any, is required of petitioners?
Q.12. Can the governing board amend the charter prior to adoption?
Q.13. What happens if a district denies a charter request?
Q.14. How should we go about requesting a number from the State Board of Education (SBE)?
Q.15. When may I open my charter school?
Q.16. Does the requirement for a charter school number issued by the SBE constitute SBE approval of my charter petition?
Q.17. What happens after the SBE numbers my school?
Q.18. For what period of time may a charter be initially granted?
Q.19. Does a charter become operative immediately after approval by the charter authorizer?
Q.20. May a charter be renewed?
Q.21. May a charter be revoked?
Q.22. Can a charter school continue to operate if its charter expired, even though renewal is expected from the charter authorizer?
Q.23. What are the requirements for renewing a charter school?
Q.24. What documentation must be sent to the CDE to communicate and confirm charter renewal?
Q.25. What happens if a charter is not renewed?
Q.26. May a school seek renewal from its current charter authorizer if it is not operating within its boundaries?
Q.27. May a school seek renewal from its current charter authorizer if the grade levels served by the school and the charter authorizer do not align?
Q.28. Can a charter school change its name?
Q.29. If a county board of education approves a charter petition, does the county board become responsible for continuing oversight of the charter school?
Q.30. What constitutes a "school"?
Q.31. What is the residency requirement for pupils in a charter school?
Q.32. Can a charter school have admission preferences?
Q.33. Is there a minimum age threshold for attendance at a charter school?
Q.34. May a private school convert to a charter school?
Q.35. May charter schools enroll pupils who continue to attend private schools that charge tuition?
Q.36. May a charter school offer sectarian studies?
Q.37. May a district board approve a petition to establish a charter school if the grade levels served by the school are not currently served by that district?

What is a charter school?

A charter school is a public school and may provide instruction in any of grades kindergarten through twelve. A charter school is usually created or organized by a group of teachers, parents, community leaders, or a community-based organization, and is authorized by an existing local public school board, county board of education, or the State Board of Education (SBE). Specific goals and operating procedures for the charter school are detailed in a legally binding agreement (or "charter") between the authorizing board and charter organizers.

What is the purpose of a charter school?

The purpose of a charter school is to: (1) improve pupil learning; (2) increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils identified as academically low achieving; (3) encourage the use of different and innovative teaching methods; (4) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; (5) provide parents and students with expanded educational opportunities within the public school system without the constraints of traditional rules and structure; (6) provide schools a way to shift from a rule-based to a performance-based system of accountability; and (7) provide competition within the public school system to stimulate improvements in all public schools.

Ref. Education Code Section 47601 (Outside Source)

From what laws are charter schools exempt?

Except where specifically required, charter schools are generally exempt from California State laws governing school districts, whether or not these laws are in the California Education Code.

Some of the laws with which charter schools must comply are:

State and federal constitutions
The California Charter Schools Act (Education Code Section 47600 et. seq.) (Outside Source)
All federal laws (e.g., Individuals with Disabilities Education Improvement Act, Americans with Disabilities Act, and the Rehabilitation Act)
Laws that generally apply to governmental entities but not specifically to school districts (e.g., open meeting laws, employment laws, conflict of interest, contracting laws, and health and safety laws) NOTE: A charter school’s legal status (e.g., not-for-profit corporations) may not affect the extent to which these laws apply
All laws that are specifically a condition of funding for a specific program for which the charter school chooses to participate (e.g., No Child Left Behind)
Laws establishing minimum age for school attendance
Laws governing nonclassroom-based independent study programs (whether defined as independent study, home schooling, distance learning, or otherwise)
Educational Employees Relations Act (Government Code Section 3540 et. seq.) (Outside Source)
State pupil testing programs (e.g., Physical Fitness Test (PFT), Standardized Testing and Reporting (STAR), California High School Exit Examination (CAHSEE), California English Language Development Test (CELDT)
Specific provisions of law related to teachers retirement and employee relations

Ref. Education Code Section 47610

Is there a "cap" on the number of charter schools?

Yes. The cap is currently set at 1,150 (for the 2007-08 fiscal year), and it increases by 100 each July 1. During 2006-07, there were approximately 619 active charter schools operating in 49 California counties and serving about 220,000 students.
Ref. Education Code Section 47602

Who is eligible to write a charter?

Anyone may write a charter. However, for new charter schools (not conversions of existing public schools), charter developers must obtain the signatures of either 50 percent of the teachers meaningfully interested in teaching at the school, or 50 percent of the parents of pupils expected to enroll at the school. For conversion schools, signatures of 50 percent of the teachers at the school to be converted are required. The petition must contain a prominent statement that a signature means that the person signing is meaningfully interested in teaching in, or in having his or her child attend, the school. The proposed charter must be attached to the petition.
Ref. Education Code Section 47605(a)

What are the restrictions on the establishment of a charter school?

There are some restrictions on the establishment of a charter school. With a few exceptions, a new charter school may only be located in the district that approves it. The law expressly prohibits the conversion of private schools to public charter schools. A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A charter school may not discriminate against any pupil and may not charge tuition. In addition, the school’s charter must include a description of the school’s means for achieving a racial and ethnic balance among its pupils that is reflective of the general population residing in the district. Pupils may not be required to attend a charter school, nor may teachers be compelled to teach there.
Ref. Education Code Sections 47602(b), 47605(a), (b), (d), (e), and (f)

Who may approve a charter school petition?

Under California law, it is the local school district governing board that serves as the primary charter authorizer. With a few exceptions, a school district may only approve a new charter that will operate within the district boundaries. Also, a non-unified district (i.e., elementary or high school district) may generally approve a charter petition only if the school serves the grade levels served by the district, e.g., a charter school that will serve kindergarten through grade three would generally be approved only by an elementary district, but not a high school district. There is a narrow exception for a charter school that serves all the grade levels served by an elementary or high school district. Such a school may be approved by the elementary or high school district even though it also serves other grade levels, e.g., an elementary district could approve a K-10 charter school; a high school district could approve a 6-12 school; and either an elementary or a high school district could approve a K-12 charter school.

A petitioner may seek approval of a charter from a county board of education, if the pupils to be served are pupils who would normally be provided direct education and related services by the county office of education, the petition has been previously denied by a local school district governing board within the county, or if the charter provides countywide services that cannot be provided by a district-approved charter school.

Petitioners may request the State Board of Education to review a charter petition if the petition has been previously denied by a local school district governing board and a county board of education, or if the charter school will provide services of a statewide benefit that cannot be met through chartering at the local level.
Ref. Education Code Section 47605(a)(6), (b) and (j), 47605.6, and 47605.8

What is the timeline for developing and approving a charter petition?

Charter developers may begin developing their charter petition at any time. The law specifies that a local governing board must hold a public hearing to consider the proposed charter within 30 days from receipt of the completed petition, and, within 60 days from receipt of the petition, must either grant or deny the charter. This time line may be extended by 30 days if both parties agree to the extension. Once approved by a local board, a charter petition must be forwarded to the SBE for assignment of a charter number. A charter school in its first year of operation must commence instruction between July 1 and September 30 in order to be eligible for any apportionment for the fiscal year.
Ref. Education Code Section 47605 (6)(b) and 47652(c)

On what basis might a local governing board deny a charter petition?

The law specifies that the chartering authority should be guided by legislative intent, which encourages the establishment of charter schools; there is a presumption that charter petitions meeting the requirements of law will be approved. A local educational agency may not deny a charter petition unless it makes written factual findings, specific to the particular petition, that: (1) the charter school presents an unsound educational program; (2) the petitioners are demonstrably unlikely to successfully implement the program set forth in the petition; (3) the petition does not contain the required number of signatures; (4) the petition does not contain an affirmation of each of the conditions described in Education Code Section 47605(d); or (5) the petition does not contain reasonably comprehensive descriptions of all of the 16 required elements of the petition.
Ref. Education Code Section 47605(b)

What are the required elements of a charter petition?

Each charter petition must contain reasonably comprehensive descriptions of each of 16 required elements, at a minimum. They are:

A description of the educational program of the school, as specified. If the proposed charter school will serve high school pupils, a description of how the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements must be included in the charter petition
The measurable pupil outcomes identified for use by the school
The method by which pupil progress in meeting those pupil outcomes is to be measured
The schools governance structure, including parental involvement
The qualifications to be met by individuals employed by the school
Procedures to ensure health and safety of pupils and staff
The means by which the school will achieve racial and ethnic balance among its pupils, reflective of the general population residing in the district
Admission requirements, if applicable
The manner in which annual financial audits will be conducted, and the manner in which audit exceptions and deficiencies will be resolved
The procedures by which pupils may be suspended or expelled
Provisions for employee coverage under the State Teachers Retirement System, the Public Employees Retirement System, or federal social security
The public school alternatives for pupils residing within the district who choose not to attend charter schools
A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school
A dispute resolution process
A declaration whether or not the charter school will be the exclusive public school employer of the charter school employees
The procedures to be used if the charter school closes

Ref. Education Code Section 47605(b)(5)(A-P)

What other information, if any, is required of petitioners?

While not part of the 16 elements required to be addressed in the petition, school district governing boards must also require petitioners to provide information regarding the proposed operation and potential effects of the school, including, but not limited to:

The facilities to be used by the school
The manner in which administrative services are to be provided
Potential civil liability effects, if any, upon the school and upon the school district

Further, petitioners are required to provide financial statements that include a proposed first-year operational budget, including start-up costs and cash flow and financial projections for the first three years of operation.

Finally, each charter petition must affirm that:

The charter school will be nonsectarian in its programs, admission policies, employment practices, and all other operations
The charter school will not charge tuition
The charter school will not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability

Ref. Education Code Section 47605(d) and (g)

Can the governing board amend the charter prior to adoption?

The governing board may amend the charter if the petitioners agree. However, if the charter has been amended substantively, this becomes a material revision to the charter and the petitioners must re-obtain signatures from the requisite number of teachers or parents.

What happens if a district denies a charter request?

If the governing board denies a petition, the petitioner may elect to submit the petition to the county board of education in which the district is located. A charter petition that has been denied by the governing board of a school district must be received by the county board of education not later than 180 calendar days after the denial. Reviews by a county board of education must be completed within 60 days of receipt, but an extension of up to 30 days is possible if both parties are willing. Any petition received more than 180 calendar days after denial by a district will not be acted upon by the county board of education, and the right to appeal denial of the charter petition is lost.

If the county board of education denies the petition, the petitioners may submit the petition to the SBE. A charter petition that has been denied by the county board must be received by the SBE not later than 180 calendar days after the denial. Not later than 90 days after receiving a complete petition package and following review of the petition and a public hearing, the SBE must schedule, at its next regular board meeting, an action item to grant or deny the charter petition. This date may be extended by an additional 30 days if both parties agree. Any petition received more than 180 calendar days after denial by the county board will not be acted upon by the SBE, and the right to appeal the county board’s denial of the charter petition is lost. The SBE has adopted regulations that provide review criteria for charter school approvals. These regulations can be found in sections 11967.5 through 11967.5.1 of Title 5 of the California Code of Regulations, and are available on the CDE Web site at http://www.cde.ca.gov/sp/cs/lr/csregsmar04.asp.

When submitting an appeal of a charter denial, petitioners must provide the county board or the SBE evidence of the district governing board actions and findings to deny the charter (as well as the county board actions and findings, if the appeal is being made to the SBE). The petitioners must also submit a copy of the charter as it was denied by the district, along with a signed certification of compliance with applicable law, and a description of any changes to the petition necessary to reflect the county board (or the SBE) as the chartering authority.

For a variety of reasons, local district approval of charter schools is generally preferred to the appeal process. Instead of initiating the formal appeal process, the law does not prohibit a charter petitioner from revising its charter to address the district’s concerns and resubmitting it for local approval as a new charter.

Ref. Education Code Section 47605(j), Title 5, California Code of Regulations, Sections 11967 through 11967.5.1

How should we go about requesting a number from the SBE?

After obtaining local district approval, the petitioner must provide written notice of that approval, together with a copy of the charter petition to the county superintendent of schools, the CDE and the SBE and a completed charter petition package must be submitted to the CDE Charter Schools Division for placement on the agenda of the next State Board of Education meeting.

Specific information about obtaining an SBE charter number and other important information for new charter schools is posted on the CDE Web site at http://www.cde.ca.gov/sp/cs/re/cssbenum .

Ref. Education Code Sections 47602 and 47605(i)

When may I open my charter school?

The law requires a new charter school to commence instruction between July 1 and September 30. Within this time frame, a charter school is authorized to operate once it has been approved by the charter authorizer and may begin accruing average daily attendance for apportionment purposes. However, the CDE cannot allocate any funding to a school until it has a SBE charter number and an assigned county-district-school (CDS) code.
Ref. Education Code Section 47652(b)

Does the requirement for a charter school number issued by the SBE constitute SBE approval of my charter petition?

No. charter schools are typically approved by a local educational agency. The role of the SBE and CDE in approving charter schools is limited to all-charter districts, multi-site charter schools of statewide benefit, and charter schools that have been denied by a local school district and county board of education and successfully appealed to the SBE. The SBE must provide a charter number to each school that is approved, for the purpose of ensuring that the number of charter schools statewide does not exceed the allowable number. An SBE number is also necessary before the charter school can be set up in the CDE systems of funding and identification. As part of the numbering process, the CDE reviews the charter for the SBE. CDE staff may offer comments to districts or petitioners, or inform the SBE if concerns are noted during this review, e.g., missing elements or incomplete petition.

Ref. Education Code Section 47602

What happens after the SBE numbers my school?

After the SBE numbers a charter, the CDE will send a letter notifying the school of the action, and providing information on next steps, including forms for the charter school to complete. The school must request a county-district-school (CDS) code from the CDE using the form on the CDE Web site. Information about requesting a CDS code is available on the CDE Web site at http://www.cde.ca.gov/ds/si/ds. The school must also complete a charter school Funding Survey by May 31, prior to the school’s opening, in order to receive special advance apportionment funding. The Funding Survey is mailed to each charter school in the spring. Schools that receive their charter number from the SBE in July may also receive special advance apportionment funding, if the CDS code application and the Funding Survey are submitted to the CDE no later than the end of the week that the SBE numbers the charter. The most recent Funding Survey is available on the CDE Web site at http://www.cde.ca.gov/sp/cs/re/csabout.asp.

If a charter school is going to be direct-funded, the school must also submit the Payee Record Data form (STD 204). The CDS code request, the Payee Data Record form, and the annual Funding Survey must be completed and returned to the CDE before any operational funding can be provided to the charter school.

For what period of time may a charter be initially granted?

A charter may be initially granted for a period not to exceed five years at the discretion of the charter authorizer.
Ref. Education Code Section 47607

Does a charter become operative immediately after approval by the charter authorizer?

Not necessarily. A charter authorizer may approve a charter and defer the charter's operative date. For example, a charter authorizer may approve a charter in January, but specify that it becomes operative the following July 1.

Unless otherwise specified, the CDE assumes that the date a charter authorizer approves a charter is the charter's operative date. However, the CDE recommends that charter authorizers defer the effective date of each charter to July 1. In this way, the number of school years covered by the charter's term will be clear.

May a charter be renewed?

Yes. A charter may be renewed an unlimited number of times. However, each renewal must be for exactly five years.
Ref. Education Code Section 47607

May a charter be revoked?

Yes. A charter may be revoked by the authority that granted the charter. However, the action to revoke must be supported by substantial evidence that the charter school committed a particular violation as specified in Education Code Section 47607(c). In general, prior to revocation, a chartering authority must give the charter school notification of the violation, a reasonable opportunity to remedy the violation, and the opportunity to appear at a public hearing. In most cases, a charter school may initially appeal a revocation action to the county board of education, then (if unsuccessful) to the SBE. The appeal addresses exclusively whether the revocation decision was supported by substantial evidence. While an appeal is pending, and if a revocation is reversed, the charter school continues to operate under the approval of the original chartering authority, not the appeals body.

While an appeal filed under EC Section 47607 is pending, a charter school, whose revocation proceedings are based on a material violation of the school’s charter or failure to meet pupil outcomes identified in the charter, may continue to receive funding (until the appeals provisions have been exhausted). In cases of charter revocation proceedings based on a violation of law or fiscal mismanagement, funding will cease unless a revocation decision is overturned on appeal.

A charter may also be revoked for specified reasons by the SBE, based on the recommendation of the State Superintendent of Public Instruction, regardless of whether the SBE was the chartering authority.

Ref. Education Code Sections 47604.5 and 47607

Can a charter school continue to operate if its charter expired, even though renewal is expected from the charter authorizer?

No. Schools whose charters have expired cannot legally operate as public schools nor receive apportionment credit or funding.

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What are the requirements for renewing a charter school?

Renewals of charters are governed by Education Code Section 47607, which allows a school district governing board, a county board of education, or the SBE to grant one or more subsequent renewals of charters they have authorized. Charter renewals must be granted for five-year periods. After a charter school has been in operation for four years, a charter school must meet at least one of the following criteria to receive a charter renewal:

Attained its Academic Performance Index (API) growth target in the prior year or in two of the last three years, or in the aggregate for the prior three years.
Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years.
Ranked in deciles 4 to 10, inclusive, on the API for a demographically comparable school in the prior year or in two of the last three years.
(A) The school district or county office of education that granted the charter determines that the academic performance of the charter school is at least equal to the academic performance of the public schools that the charter school pupils would otherwise have been required to attend, as well as the academic performance of the schools in the school district in which the charter school is located, taking into account the composition of the pupil population that is served at the charter school.
(B) The determination made pursuant to this paragraph shall be based on all of the following:
(i) Documented and clear and convincing data
(ii) Pupil achievement data from assessments, including, but not limited to, the Standardized Testing and Reporting (STAR) program for demographically similar pupil populations in the comparison schools
(iii) Other information submitted by the charter school
(C) A chartering authority shall submit to the State Superintendent of Public Instruction copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The State Superintendent of Public Instruction shall review the materials and make recommendations to the chartering authority based on that review. The review may be the basis for a recommendation made pursuant to Education Code Section 47604.5.
(D) A charter renewal may not be granted to a charter school prior to 30 days after than charter school submits materials pursuant to this paragraph.
Renewals and material revisions of charters are governed by the standards and criteria in Education Code Section 47605. Whenever a charter is renewed or a material revision is granted, the charter petition must be revised to reflect any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.

Ref. Education Code Section 47607(a)(2)
Has qualified for the Alternative Accountability System (ASAM) pursuant to subdivision (h) of Education Code Section 52052.

Education Code Section 47605(k)(3) also specifies that a charter school that has been granted a charter through the SBE on appeal must submit a renewal request to the governing board of the school district that initially denied the charter. If the school district denies the renewal it may then be submitted to the SBE for renewal consideration.

SBE-approved charter schools will receive a notice from the CDE approximately one year prior to the expiration of their current charter informing them that they should initiate the renewal request with the school district that originally denied the petition. The CDE recommends that SBE-approved charter schools begin the renewal request process a year in advance of the end of the charter’s term so that there will be sufficient time to submit the renewal request to the SBE if it is denied at the local level. The approval of the SBE-approved charter school renewal request by the SBE must occur before the expiration date of the current charter. The Advisory Commission on Charter Schools (ACCS) will review all renewal requests prior to consideration by the SBE. Renewals are governed by standards and criteria in Education Code Section 47607.

Finally, Education Code Section 47607.5 provides that if either a school district governing board or a county board of education does not grant a renewal of a charter, the charter school may submit its application for renewal to the SBE.

What documentation must be sent to the CDE to communicate and confirm charter renewal?

Charter schools must submit to the CDE (Charter Schools Division) written notice of approval that a public hearing and board action was taken to formally approve the renewal. This information is routinely referenced in the board meeting minutes. If the charter underwent material revisions, the school must also include a copy of the updated, approved charter, both hard and electronic copies.

Ref. Education Code Section 47605 (i)

What happens if a charter is not renewed?

A school may appeal the decision to deny its charter renewal, submitting its charter first to the county board of education within whose boundaries the school is operating. If the county board of education then denies the charter on appeal, it may be submitted to the SBE on appeal. Regardless of whether a school’s originally planned time line is lengthened by the receipt of a denial, it must have a currently approved charter in order to operate and receive apportionment funding.

Ref. Education Code Section 47607

May a school seek renewal from its current charter authorizer if it is not operating within its boundaries?

No. A school must seek authorization from the local educational agency (LEA) within whose geographical boundaries it is operating.
Ref. Education Code sections 47605, 47605.1

May a school seek renewal from its current charter authorizer if the grade levels served by the school and the charter authorizer do not align?

A unified school district (or a county board of education) may typically be the authorizer of a charter for a school that serves any grade level or combination of grade levels. However, as noted above, a non-unified district (i.e., elementary or high school district) may approve a charter petition only if the school serves the grade levels served by the district, e.g., a charter school that serves kindergarten through grade three could be approved by an elementary district but not by a high school district. There is a narrow exception though for a charter school that serves all the grade levels served by the elementary or high school district and additionally serves other grade levels, e.g., an elementary district could approve a K-10 charter school; a high school district could approve a 6-12 charter school; and either an elementary or a high school district could approve a K-12 charter school.

Renewals and material revisions of charters are governed by the standards and criteria in Education Code sections 47605 and 47607, and the renewals and material revisions shall include, but are not limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. Therefore, the law generally requires elementary and high school districts may renew a charter only if it is consistent with the grade level restrictions described above.

Ref. Education Code sections 47605 and 47607

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Can a charter school change its name?

Yes. A charter school may change its name if the charter’s governing board approves the change. Upon approval of the name change, the charter school should send a copy of the board action to all interested parties. At a minimum, notification should be provided to the charter authorizer, the county office of education, the CDE Charter Schools Division, and the county-district-school (CDS) Data Administrator in the Data Management Division of the CDE to be sure that all data systems identifying the school are updated.

If a county board of education approves a charter petition, does the county board become responsible for continuing oversight of the charter school?

Yes. A county board’s authority to approve a charter school is limited to a charter school that will serve pupils for whom the county office of education would otherwise be responsible, a charter of countywide benefit, or a charter school that has been previously denied by a local school district. In any case, if the county board approves the charter, it is the charter authorizer. As such, it retains the power to renew or revoke the charter, and it has oversight responsibilities for the charter school.

Ref. Education Code sections 47605.6, 47607

What constitutes a "school"?

Charter school law does not define a “school.” In order to ensure consistency among the divisions, the CDE has noted the following definitions of a school and a public school.

The term “school” is used to refer to all educational institutions having the following characteristics:

One or more teachers to provide instruction
An assigned administrator
Based in one or more buildings
Enrolled or prospectively enrolled students

The term “public school” is defined as a K-12 and/or adult educational institution that:

Is supported with public funds
Is authorized by action of and operated under the oversight of a publicly constituted local or state educational agency
Provides educational services to all students who are enrolled
Has appropriately credentialed teacher (or teachers) who provides instruction
Has at least one appropriately credentialed administrator, usually a principal, who is responsible for all aspects of school administration, including supervision and evaluation of staff, fiscal responsibility, student discipline and safety, supervision and evaluation of curriculum, and assessment of academic achievement and school accountability. Charter school administrators are not required to hold a standard teaching or administrative teaching credential
Administers California statewide assessments to its students at the required grade levels
Responsibility for maintaining official student records for all enrolled students
Implements a curriculum that fully meets state requirements as specified in the California Education Code relating to required courses of study
Is nonsectarian
Except for charters, the entity’s budget structure is consistent with the budget structure of schools operated by the authorizing agency

The SBE has adopted regulations (California Code of Regulations, Title 5, Section 11969) related to the numbering of charter schools. Under these regulations, each petition numbered by the SBE is assigned a single charter number and constitutes one school for all purposes, including apportionments and data reporting (e.g., California Basic Education Data System, Academic Performance Index, pupil testing data). The CDE applies these regulations to each charter petition for the purposes of ensuring compliance with the statutory limitation on the number of charter schools authorized to operate in the state, as well as for charter school monitoring and funding allocations.

To ensure compliance with this requirement and consistency in the CDE’s charter school record keeping, each charter petition numbered by the SBE will be assigned only one county-district-school (CDS) code, except for statewide benefit charter schools. CDS codes are unique numbers assigned by the CDE to each school in the state. They are used by CDE to identify individual schools for a variety of data and administrative functions. A CDS code must be assigned before any state funds can be released to the charter school.

Each charter school (except statewide benefit charter schools) are treated as a single entity for purposes of:

Oversight and Compliance – The charter authorizer is responsible for meaningful oversight of the charter school, including compliance at each site operated by the school. Since a multi-site charter is technically one school, noncompliance at a single site would constitute noncompliance for the whole charter school.
Funding – Each charter school will receive a single apportionment. A charter school with multiple sites will receive a single apportionment based on the collective information from all of its sites. The same would be true for grants (unless otherwise specifically addressed in the specific grant enabling legislation, each charter school would be eligible for only one “school-based” grant).
Test Scores and Demographic Information – A charter school with multiple sites will aggregate test scores and student and staffing information from the individual sites and report as one charter school. Student test scores and demographic information can be reported by grade level, but not by site.
Accountability – A charter school with multiple sites will be reported as a single school for the Academic Performance Index (API) and other state testing programs. The STAR test results can also be reported by grade level, but not by site.

Ref. Title 5, California Code of Regulations, Section 11969

Statewide benefit charter schools, which are authorized and overseen by the SBE, are treated differently than other charter schools. A statewide benefit charter school, regardless of the number of individual schools, is treated as a school district for all purposes, including compliance monitoring, data reporting and collection, student performance data, oversight, and funding. For purposes of compliance monitoring and oversight, the SBE will look at each individual school’s independent progress in meeting federal and state growth targets.

What is the residency requirement for pupils in a charter school?

A pupil must be a resident of California in order to enroll in a charter school. A charter school may not restrict its enrollment on the basis of residency of the pupil’s parents within the state. However, for nonclassroom-based charter schools, pupils must be a resident of the county in which the charter is authorized, or of an adjacent county.
Ref. Education Code sections 47605(d) and 47612.5(b)

Can a charter school have admission preferences?

A charter school may have admission preferences, as long as they are not discriminatory. Admission to a charter school may not be determined on the basis of residency of the pupil. An exception to this requirement is made in the case of any public school converting to charter status, wherein the charter petition must include a policy giving preference to pupils residing in the former attendance boundaries of the conversion school.

The law states that a charter school shall admit all pupils who wish to attend the school. However, if the number of pupils wishing to attend the school exceeds capacity, admission (except for pupils already attending the charter school and pupils residing in the district) must be determined by a public random drawing. Other preferences, such as for siblings of current enrollees at the charter school, may be permitted by the charter authorizer but only if consistent with the law. Any and all admission preferences must be carefully defined in the charter school petition.

Ref. Education Code Section 47605(d)

Is there a minimum age threshold for attendance at a charter school?

Yes. A charter school must comply with all laws establishing minimum age for public school attendance. Ref. Education Code Section 47610

May a private school convert to a charter school?

No. The law very clearly states that a private school may not convert to a charter school.
Ref. Education Code Section 47602(b)

May charter schools enroll pupils who continue to attend private schools that charge tuition?

No. Charter schools are not eligible to receive public funds for the attendance of a pupil if that pupil also attends a private school that would satisfy compulsory education requirements for the pupil and that charges tuition for the pupil.
Ref. Education Code Section 47602(b), 5 CCR 11965(a)

May a charter school offer sectarian studies?

No. The law clearly states that a charter school must be nonsectarian in its programs, admissions policies, employment practices, and all other operations.
Ref. Education Code Section 47605(d)(1)

May a district board approve a petition to establish a charter school if the grade levels served by the school are not currently served by that district?

A unified school district (or a county board of education) may typically be the authorizer of a charter for a school that serves any grade level or combination of grade levels. However, a non-unified district (i.e., elementary or high school district) may approve a charter petition only if the school serves the grade levels served by the district, e.g., a charter school that serves kindergarten through grade three would typically be approved by an elementary district and not by a high school district. There is a narrow exception, however, for a charter school that serves all the grade levels served by the elementary or high school district and additionally serves other grade levels, e.g., an elementary district could approve a K-10 charter school; a high school district could approve a 6-12 charter school; and either an elementary or a high school district could approve a K-12 charter school.

In the case of a charter approved (or renewed) by an elementary or high school district, the charter may propose to serve all of the district’s grade levels on a reasonable phase-in basis, and need not necessarily serve all of the district’s grade levels immediately upon opening (or renewal). For example, a charter that opens with grades 6-9, then adds grades 10-12 over a three-year period, could be chartered by a high school district. In general, it appears reasonable that a charter school would be compliant with the requirement of serving all grade levels of the district if the school phased in the coverage of all the district’s grade levels over the term of the charter (i.e., up to five years in the case of an original charter or five years in the case of a charter renewal).

Ref. Education Code Sections 47605(b); 47601; 47605(a)(6)

Questions and answers associated with this topic were revised to conform with recent changes in the law. Please review the legislative update at Charter School Legislation for a summary of the recent changes.

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