Charter School Staffing 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 qualifications
are required of charter school teachers? Are charter school
teachers required to be credentialed? What qualifications are required of charter school teachers? Are charter school teachers required to be credentialed?The law states that teachers in charter schools are required to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. However, the law also states that it is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses. The flexibility provided by this section does not apply to teachers of core or college preparatory courses. Teachers in such courses must hold a valid credential equivalent to that which would be required of a teacher in a non-charter public school. Except for noncore, noncollege preparatory areas, the credentialing requirements are the same for charter school teachers and for traditional public school teacher, and the grade and subject assignment of a charter school teacher must be consistent with the credential or other valid document the charter school teacher has received. While the law allows for some flexibility with regard to courses that are deemed noncore and noncollege preparatory, it is unlikely that an elementary charter school with self-contained classrooms would be able to assert any flexibility in meeting credentialing requirements because elementary teachers generally cover many subject areas, both core and noncore. Any class/course required for college admission is a core class. Because the law is not explicit in this area, the California Department of Education recommends that charter petitions specify which courses are not considered core and, therefore, may be taught by non-credentialed teachers. This section of law does not apply to non-teaching staff, e.g., administrators. However, the charter should specify the requirements for these positions, as applicable. For more information on teacher requirements, refer to the No Child Left Behind (NCLB) Teacher Requirement Resource Guide at: http://www.cde.ca.gov/nclb/sr/tq/documents/nclbresguide.doc (DOC; 550KB, 71pp.) Does the flexibility provided in Education Code Section 47605(l) allow a charter school to hire and pay, for example, a part-time, non-credentialed music teacher?Yes, if the course is not college preparatory (i.e., the course is not used to meet the arts requirements for college admissions). Is compliance with credentialing requirements a condition of apportionment?Yes, a charter school that does not meet the requirement of Education Code Section 47605(l) may be subject to a reduction in allowable average daily attendance, which can result in a funding reduction. What happens if a charter school does not comply with credentialing requirements?The law specifically authorizes a chartering entity to inspect the credentials of charter school teachers on a periodic basis, as part of their oversight responsibility. Non-compliance with credentialing requirements may affect the charter school’s funding. Does the county office of education (COE) have the flexibility to monitor credentials for a charter school based on Education Code Section 47605(l)?Education Code sections 47604.3 and 47604.4 provide county offices of education with general authority to request information from a charter school and to investigate complaints about a charter school. Therefore, a county office may request credential information under their general authority. However, Education Code Section 47605(l) specifically provides for the monitoring of credentials by the charter authorizer. How does the Educational Employees Rights Act (EERA) apply to charter schools?All charter schools are part of the public school system and must comply with Education Code Section 47611.5 and Chapter 10.7 (commencing with Section 3540) of the Government Code. These sections relate to a public education employee’s right to be represented through a collective bargaining process. The charter must specify whether it will comply with these sections as part of the chartering entity or as an independent public school employer. A charter school that is operated by a nonprofit corporation must also comply with these requirements. Employees who work in a charter school, but are hired by a nonprofit corporation, are entitled and afforded the same rights under these code sections. |
