All-Charter District Issues
Responses to these frequently asked questions are advisory only. Charter schools and 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. Can a school district convert
all of its schools to charter schools?
Q.2. How might a petition for conversion of
a school district to an all-charter district comply with the requirement
to provide alternative enrollment options for pupils who do not
wish to attend a charter school?
Q.3. Are the terms 'all-charter district' and
'districtwide charter' synonymous?
Q.4. Are the timeline and approval process for
all-charter district petitions different from that for other charter
petitions?
Q.5. What are required components of an all-charter
district charter petition?
Q.6. Do the State Superintendent of Public Instruction
(SPI) and the State Board of Education (SBE) require that an all-charter
petition include specific language regarding the resolution of
disputes between the all-charter district and the SBE and/or SPI?
Q.7. What is the focus of the California Department
of Education (CDE) review of the all-charter petition?
Q.8. How are all-charter districts evaluated?
Q.9. What are the terms for revocation of an
all-charter district?
Can a school district convert all of its schools to charter schools?
Yes. A school district may convert all of its schools to charter schools if 50 percent or more of the teachers in the district sign the petition and the State Board of Education (SBE) and the State Superintendent of Public Instruction (SSPI) approve the charter petition. However, pupils may not be required to attend charter schools, and teachers may not be required to teach in them. Hence, the charter must specify alternative public school arrangements for pupils who choose not to attend charter schools and must provide employment alternatives for teachers who choose not to teach in charter schools.
Reference: Education Code sections 47605(e) (Outside Source) and (f) (Outside Source) and 47606 (Outside Source).
How might a petition for conversion of a school district to an all-charter district comply with the requirement to provide alternative enrollment options for pupils who do not wish to attend a charter school?
A petition for conversion to an all-charter district would have to spell out alternative attendance options for students in another district. If the options include transfer to another district, the charter petition should contain evidence of an agreement with the other district to unconditionally accept any pupils who choose not to attend charter schools.
Are the terms 'all-charter district' and 'district wide charter' synonymous?
Yes. Education Code Section 47606 (Outside Source) refers to a “school district converting all schools to charter schools.” In practice, the terms “all-charter district” and “districtwide charter” have evolved and are alternatively used.
Are the timeline and approval process for all-charter district petitions different from that for other charter petitions?
Yes. Approval of an all-charter district requires action by both the State Board of Education (SBE) and the State Superintendent of Public Instruction (SPI). The Advisory Commission on Charter Schools (ACCS) also reviews all-charter district petitions and recommends approval or non-approval to the SBE and the SPI.
The California Department of Education (CDE) requires receipt of all-charter petitions at least three months prior to the SBE meeting at which action on the petition is anticipated. In practical terms, all-charter district petitions must be approved by their local board of education and received in the Charter Schools Division no later than February 15 for all-charter districts to be considered for approval effective the following fiscal year.
Once the CDE receives a petition to form an all-charter district, staff will review the petition, assess the fiscal health of the district, and provide advice and assistance to the district on completing any areas of the proposal that appear inadequate, prior to making a recommendation to the Advisory Commission on Charter Schools. Joint action by the SSPI and SBE is required to approve the petition.
What are required components of an all-charter district charter petition?
A school district may convert all of its schools to charter schools if the charter petition meets the following conditions:
- Fifty percent of the teachers within the school district sign the charter petition.
- The petition specifies the alternative attendance arrangements for pupils residing within the school district who choose not to attend charter schools.
- The petition contains all the requirements set forth in subdivisions (b), (c), (d), (e), and (f) of Education Code Section 47605 (Outside Source).
These three components are required. In addition, the CDE must determine the fiscal health of the district, incorporating an assessment from the county superintendent. The petition ideally should include an operating budget and information on liability insurance and facilities. The statement from the county superintendent should address current and future years and fiscal health viability of the applicant district. The petition also should specify how it will accommodate special education students and provide choices for district students not wishing to attend an all-charter district.
Reference: Education Code Section 47605(L) (Outside Source).
Collectively, the petition should provide a clear picture of the purpose of the all-charter district and the relationships among the schools, the district office, and the county office of education in the formation of an all-charter district (e.g., Why is the district proposing to become an all-charter district? What are the projected programmatic and fiscal effects of the change? What will be the roles of the county office of education, the district office, and the school(s) for programmatic and fiscal services? How will required services be provided?).
Reference: Education Code sections 47605 (Outside Source) and 47606 (Outside Source).
Do the State SPI and the SBE require that an all-charter petition include specific language regarding the resolution of disputes between the all-charter district and the SBE and/or State SPI?
The CDE strongly recommends that districts considering becoming an all-charter district refer to California Code of Regulations, Title 5, Division 1, Chapter 11, Subchapter 19 “Criteria for the Review and Approval of Charter School Petitions.” Although these criteria technically pertain only to individual charter school petitions reviewed and approved by the SBE on appeal, Section 11967.5.1(f)(14) (Outside Source) outlines procedures to be followed by the charter school and the charter authorizer to resolve disputes relating to provisions of the charter. These procedures are a useful guide that could be incorporated into any petition for an all-charter district submitted to the SBE and SPI for approval.
What is the focus of the CDE review of the all-charter petition?
Once the CDE receives a petition to form an all-charter district, staff reviews the petition to ensure that it includes and addresses all requirements. Particular attention is paid to those elements in subdivisions (b), (c), (d), (e), and (f) of Education Code Section 47605 (Outside Source) which relate to the proposed education program.
Specifically, the proposal is reviewed to determine how all pupils of the district will be asked to demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the district's educational program.
Staff also focus on how the proposal addresses the requirement that charter schools meet all statewide standards and conduct pupil assessments required by Education Code Section 47605(e)(1) (Outside Source) (relating to the Standardized Testing and Reporting Program) and any other statewide standards authorized in statute or pupil assessments applicable to pupils in non-charter public schools. Staff assesses the fiscal health of the district and future fiscal projections of all-charter district conversion, incorporating comments provided by the county superintendent of education.
After the initial review has been completed, staff members prepare a review of the charter petition that is presented to the Advisory Commission on Charter Schools for consideration and to the SPI and the SBE for their subsequent review.
How are all-charter districts evaluated?
Education Code Section 47604.32 (Outside Source) states the duties imposed on the charter authorizer with respect to each charter school under its authority including: identify at least one staff member as a contact person for the charter school, visit each charter school at least annually, ensure that each charter school under its authority complies with all reports required of charter schools by law, and monitor the fiscal condition of each charter school under its authority.
Education Code Section 47607 (Outside Source) states that a charter, or renewal of a charter (including all-charter district petitions), may be granted for no more than five years and that the charter authorizer may inspect or observe any part of the charter school at any time. That section further stipulates specific criteria to be met by a charter school prior to receiving a renewal of the charter.
The CDE staff will visit each all-charter district no less than annually and will regularly collaborate with the county office of education. During a visit, CDE staff verify whether the district is operating in accordance with the terms of its original charter, paying particular attention to those terms required by Education Code Section 47605 (Outside Source). After visitation, if CDE staff determines that any term of the district’s charter required by Education Code Section 47605 (Outside Source) is not being met, the CDE staff will advise the district and the county office of education of the areas that need to be addressed. If resolution is not achieved, CDE staff will recommend action to the State Superintendent of Public Instruction, including a notice to cure and possible revocation of the all-charter district.
Effective January 1, 2005, new criteria were established that must be met prior to receiving a charter renewal (Education Code Section 47607(b)) (Outside Source). CDE staff will review school/district data and supporting documentation in order to determine if the criteria have been met prior to making a recommendation for renewal of the charter. The CDE recommends that the district request renewal of its charter petition a year in advance of the end of the charter's term, providing sufficient time for the CDE staff to schedule a visit, and for the CDE staff and district staff to cooperatively resolve any issues that may be identified as a result of the review.
What are the terms for revocation of an all-charter district?
Education Code Section 47605 (Outside Source) provides that an all-charter district may be revoked if the SBE and the SPI determine that the district:
- Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.
- Failed to meet or pursue any of the pupil outcomes identified in the charter.
- Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.
- Violated any provision of law.
Education Code Section 47607(d) (Outside Source) requires that, if the SBE and the SPI make one or more of the above determinations, they must notify the district of the violations and give it a reasonable opportunity to cure the violations, unless the SBE and the SPI determine in writing that a violation constitutes a severe and imminent threat to the health or safety of the pupils. In that case, the SBE and SPI may immediately revoke the charter of the all-charter district.
