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Alameda County Office of Education

Charter School Authorizers’ Resource Handbook Table of Contents Section One – Petition Review

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Overview/Definitions Types of Charter Schools Petition Review Timeline Petition Review Process Description of Required Elements, 4 Conditions & 3Prohibitions Required Supplemental Information Geographic Limitations Facilities

Section Two – Recommendation and Approval

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The 5 Findings Initial Governing Board Approval Memorandum of Understanding Amendments or Revisions Pre-Opening Requirements

Section Three – Oversight and Monitoring

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Authorizer’s Responsibility Charter’s Responsibility Proactive Oversight Mandated Cost Reimbursement Revocation of Charter Surrender of Charter (voluntary surrender, non-renewal, or revocation)

Section Four – Charter Renewal Overview Standards and Criteria Charter Renewal Timeline Approval/Denial of Renewal

Appendices A. B. C. D. E. F. G. H. I. J. K.

Active Charter Schools in Alameda County ACOE Board Policy and Regulations for Charter Schools California Education Code - Charter School Provisions Memorandum of Understanding (MOU) Monitoring/Reporting Activities (attachment to MOU) Monitoring and Oversight Framework Petition Application Packet Petition Review Checklist Renewal Application Packet Site Visitation Protocol Useful Charter School Websites

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Alameda County Office of Education

Charter School Authorizers’ Resource Handbook

A Special Thanks to the following who provided the resources and information for this Workshop and Authorizer’s Handbook:

California County Charter School Authorizer’s Forum Workgroup: Teresa Kapellas, Alameda COE Alison Watson, Butte COE Jamie Perry & Donna Ellis, Fresno COE Jan Isenberg, Los Angeles COE Patti Crawford, Riverside COE

and California Department of Education The Fiscal Crisis and Management Assistance Team (FCMAT) School Services of California, Inc.


Section One:

The Petition Review Overview/Definitions What is a Charter School? A charter school is a public school that may provide instruction in grades kindergarten through 12. Charter schools are usually created by community leaders or community-based organizations, a group of parents, or teachers. A charter school can be authorized by a local school district board, county board of education, or the state board of education. An initial school charter can be granted for up to five years. (See Appendix A for a list of active charter schools in Alameda County.) After a charter petition is approved, the charter document and any related memorandum of understanding becomes a contract between the chartering agency and the charter school. A memorandum of understanding/agreement spells out the specific expectations and responsibilities between the charter school and the authorizing agency. Charters are excluded from many statues and rules guiding traditional public schools. In exchange for this freedom from regulation, the public charter school guarantees certain levels of student performance. The chartering agency must ensure that the charter school is living up to that contract and meeting its accountability goals. These requirements include annual site visits of the charter school, ensuring the charter school complies with all reports required by law, and monitoring the fiscal condition of the charter school. (See Appendix C for a complete list of laws and requirements charter schools are subject to.)

How Charter Schools Get Started A carefully developed application process clearly spells out charter school requirements, criteria, timelines and procedures – providing the guidance that petitioners need to develop quality proposals. Our application process is provided to petitioners and those seeking an appeal of their petition to the County Board of Education. Petitions that are received by the Charter Schools Office are treated as though the petitioner has provided the strongest petition possible for consideration for approval.

Who can enroll in a charter school? Any student who is a resident of the State of California can enroll in a California charter school. All students who wish to attend the school must be admitted. Preference can be given to students who reside in the district. If more students apply than there are spaces at the charter, qualified students are selected randomly (e.g. by lottery.)

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Best Practices Effectively managing charter schools encompasses four components - which make up the definition of good charter authorizing. (See Appendix B- ACOE’s Board Policy and Regulations for Charter Schools.) 1. A comprehensive petition review process that clearly defines our expectations for what is a reasonably comprehensive charter petition. 2. A Memorandum Of Understanding that spells out the expectations and responsibilities between charter schools and the authorizing agency. 3. A proactive and rigorous oversight & monitoring process that includes tracking and analysis of documents and reports as required in the education code and the MOU, along with conducting site visits to the school. 4. A thorough renewal process which includes a review of data and information collected during the schools’ previous 4 years of operation, and a thorough review of the charters plan for the next 5 years.

California’s Charter School Law It was the intent of the Legislature to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish:       

Improved pupil learning Increase learning opportunities, with emphasis on expanding experiences for pupils who are identified as academically low achieving Encourage the use of different and innovative teaching methods Create new professional opportunities for teachers Provide parents and pupils with expanded choices Hold schools accountable for measurable pupil outcomes Provide vigorous competition to stimulate continual improvements in all public schools

Types of Charter Schools There are 3 different types of petitions that may come to a County Office of Education for approval: 1. Petitions on Appeal (Ed. Code § 47605(j)) If the governing board of a school district denies a charter school petition, the petitioner may submit an appeal to the county board of education. There are three types of charter petition appeals:

New charter school petition denied by a school district – Charter law and regulations spell out appeal process – Charter must submit complete petition including district findings of fact for denial – Charter must be able to begin the school year by September 30

Revocation of an existing charter – Charter law and regulations spell out appeal process – Charter can continue to operate while appealing the revocation

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Non-renewal of an existing charter – Charter law allows an appeal, but is largely silent on appeal process – No state regulations to guide procedures (as of June 2009) – Charter must submit complete petition including district findings of fact for denial – Charter funding ceases with the expiration date of the charter

If the county board denies the petition, the petitioner may submit it to the State Board of Education (SBE). If either the county board of education or the SBE fails to act on a petition within 120 days of receipt, the decision of the governing board of the district to deny a petition shall be subject to judicial review. 2. Direct COE-Operated Programs (Ed. Code § 47605.5) A petition may be submitted directly to a county board of education for charter schools “that will serve pupils for whom the county office of education would otherwise be responsible”. Direct Petitions should propose to provide instructional programs to students similar to the instructional services generally provided by the county office such as a county community school. Such a petition uses the same processes and timelines as for a school district petition. 3. Countywide Petitions (Ed. Code § 47605.6) A county board of education may only approve a countywide charter if it finds that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one district in the county. The charter school must have reasonable justification for why it could not be established by petition to a school district. In addition to the regularly required elements, a countywide petition must be accompanied by an abstract justifying the establishment of a countywide petition. A County board can deny a countywide charter petition for any reason. Countywide Petitions cannot appeal to the SBE.

Petition Review Timeline The life cycle of a charter school can be defined into several phases: 1) pre-petition development, 2) petition signature acquisition, 3) petition submittal and preliminary review, 4) formal review and approval by the County Board of Education (CBE) and, 5) charter school start-up and implementation if approved. The following chart lays out the timeline and events of a charter School petition.

Action

Appeal Timeline

Countywide Timeline

Petitioner submits Form A:

Notice of Intent to Submit Application Petitioner submits a Complete packet as described in the Application Packet (see Appendix G for details)

Upon determination that the Petition Package submitted is complete, a public hearing is held

Decision by the County Board of Education

Agreement by petitioner and ACOE that additional time is required (optional)

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Petitioner determines that the required documents are completed as described Within 30 days from receipt of all required documents Within 60 days from receipt of all required documents

Petitioner determines that the required documents are completed as described Within 60 days from receipt of all required documents Within 90 days from receipt of all required documents

30 day extension of timeline

30 day extension of timeline

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Public Hearing (Ed. Code § 47605[b]) At the public hearing, the Board shall consider the “level of support for the petition by teachers employed by the district, other employees of the district, and parents”. Note that while lack of support is not one of the criteria for denial, it is a warning sign of its ability to successfully implement the charter program. Decision Within 60 calendar days of receipt of a “complete” petition, the school district must either grant or deny the charter. For a countywide petition, the decision must be made within 90 days.

Petition Review Process A highly rigorous and thorough review process results in authorizing charters only for petitioners who have demonstrated a strong capacity for establishing and operating quality charter schools. The charter petition process is governed by California Charter School Law (Ed. Code § 4760047664), State Board Of Education adopted regulations, and County Board Policies and Procedures. This process follows consistent and fair procedures by using a petition review checklist. The process also incorporates a team approach to reviewing petitions which may include expert staff knowledgeable in the following areas:

     

Charter School Petition Requirements Educational Program English Language Learners Finance Governance & legal Health and Safety

     

Independent Study Personnel Special Education Student Discipline Dispute Resolution Facilities

The Preliminary Review Anyone may initiate a charter; there are no qualifications to be a charter petitioner. Once a petition has been developed by the person or group of lead petitioners, the charter school collects the required number of signatures and addresses all the required and supplemental elements. Once it is determined by the Charter Schools Office that the petition is complete, it is distributed to the ACOE Review Team for a formal review and analysis. (See Appendix H for a sample Petition Review Checklist.)

Required Signatures 1. Start-Up Charters - New School, including a countywide or statewide charter school. (Ed. Code § 47605[a].) 

The Petition must be signed by a number of parents or guardians (who are meaningfully interested in enrolling their children in the charter school during its first year of operation) who represent at least 50% of the expected first-year enrollment, or

The Petition must be signed by a number of teachers (who are meaningfully interested in teaching at the charter school) equal to at least 50% of the number of teachers that the charter school estimates will be employed at the school during the

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first year of operation. Teachers signing the petition need to meet the credential standard for the proposed school, but need not yet be employed by the charter school 2. Conversion of An Existing Public School (Ed. Code § 47605[a][2])  The petition must be signed by not less than 50% of the permanent status teachers currently employed at the public school to be converted Signature requirements also apply when a Program Improvement (PI) school becomes a charter school. Some districts have initially “closed” a PI school and subsequently approved a charter for that site. See http://www.cde.ca.gov/ta/ac/ti/clarification.asp for more information about Program Improvement schools. 3. District-wide Charter (Ed. Code § 47606)  At least 50% of teachers within the school district must sign the petition.  A District-wide charter petition must be approved by both the State Board of Education (SBE) and Superintendent of Public Instruction.

Submission of A Complete Petition A complete petition is more than a list of signatures. It must also include:     

16 Required Elements 4 Conditions 3 Prohibitions Proposed Location of the Charter School Required Supplemental Information

Upon request, charter school applicants will receive a copy of ACOE’s Charter School Application Packet, which includes detailed instructions of the requirements and procedures for filing a petition with the Alameda County Board of Education. (See Appendix G for a sample Petition Application Packet.)

Description of Required Elements The petition must contain reasonably comprehensive descriptions of the following elements:        

Education Program Measurable Student Outcomes Student Progress Measurement Government Structure Employee Qualifications Health and Safety Racial & Ethnic Balance Annual Financial Audits

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Suspension and Expulsion Staff Retirement System Dispute Resolution Process Labor Relations Admissions Requirements Attendance Alternatives Description of Employee Rights Closure Procedures

Title 5 of the California Code of Regulations Section 11967.5.1 provides guidance that clarifies what a review team should be looking for when reviewing under Education Code Sections 47605(b)(5). This guidance states that a “reasonably comprehensive” description should include but not be limited to information that: 1. Is substantive and is not, for example, a listing of topics with little elaboration.

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2. For elements that have multiple aspects, addresses essentially all aspects of the elements, not just selected aspects. 3. Is specific to the charter petition being proposed, not to charter schools, or charter petitions generally.

Element 1 - The Educational Program “A description of the educational program of the school, designed, among other things, to identify those whom the school is attempting to educate, what it means to be an ‘educated person’ in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.” Ed. Code § 47605 (b)(5)(A) A “reasonably comprehensive” description must:  Target School Populations  Age, grade levels and number of students  Describe students whom the charter will attempt to educate  Provide Attendance Information as follows:  School year, academic calendar, number of school day and instructional minutes  Attendance expectations and requirements  Describe What it Means to be an Educated Person in The 21st Century  Provide objectives of enabling pupils to become self motivated, competent, lifelong learners  Provide a clear list of general academic skills and qualities important for an educated person  Provide a clear list of general non-academic skills and qualities important for an educated person  Provide a Description of How Learning Best Occurs to include:  Persuasive instructional design  Broad outline (not entire scope and sequence) of the curriculum content  Description of instructional approaches and strategies  Description of learning setting (e.g. traditional, home-based, distance learning, etc.)  Proposed program strongly aligned to school's mission  Affirmation that, or description of, how curriculum aligns to California Content Standards  Outline a plan or strategy to support students not meeting pupil outcomes  Instructional design or strategies based upon successful practice or research  Describe instructional strategies for special education, Insufficient English proficient students, etc  Additional Requirements for Charter Schools Serving High School Students are:  How Charter School will inform parents about the transferability of courses to other public high schools  How Charter School will inform parents about the eligibility of courses to meet college entrance requirements

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Element 2 – Measurable Student Outcomes “The measurable pupil outcomes identified for use by the charter school. ‘Pupil outcomes,’ for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the school’s educational program.” Ed. Code § 47605 (b)(5)(B) A “reasonably comprehensive” description must:  Describe how pupil outcomes are measurable (i.e. specific assessments listed for each exit outcome)  Describe how pupil outcomes will address state content and performance standards in core academics  Provide clearly stated exit outcomes and include acquisition of academic and nonacademic skills  Provide affirmation that "benchmark" skills and specific classroom-level skills will be developed  Provide affirmation/description that exit outcomes will align to mission, curriculum and assessments  Provide affirmation that college-bound students wishing to attend California colleges or universities will have the opportunity to take courses that meet the “A–G” requirements  Provide lists of school-wide student performance goals that students will achieve over a given period of time including projected attendance levels, dropout percentage, graduation rate goals, etc.  Provide acknowledgements that exit outcomes and performance goals may need to be modified over time  If high school, define graduation requirements and address WASC accreditation

Element 3 – Student Progress Measurement “The method by which pupil progress in meeting those pupil outcomes is to be measured.” Ed. Code § 47605 (b)(5)(C) A “reasonably comprehensive” description must include the following criteria:  Assessment tools including all required state and federal assessments (STAR, API, and AYP)  At least one assessment method or tool listed for each of the exit outcomes  Assessments including multiple, valid and reliable measures using traditional/alternative tools  Chosen assessments that are appropriate for standards and skills they seek to measure  Affirmation/description of how assessments align to mission, exit outcomes, and curriculum  Describe minimal required performance level necessary to attain each standard  Outline plan for collecting, analyzing/utilizing and reporting student/school performance

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Element 4 – Government Structure “The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement” Ed. Code § 47605 (b)(5)(D) A “reasonably comprehensive” description must:  Describe what role parents have in the governance and operation of the school  Describe key features of governing structure (usually a board of directors):  Compliance with Brown Act, Public Records Act and Conflict of Interest Policy  Size/composition of board, board committees and/or advisory councils  Board's scope of authority/responsibility  Method for selecting initial board members  Identified initial governing board members by name and/or the process to be used to select them  Board election/appointment and replacement  Provide affirmation of future development of, or set of, proposed bylaws, policies or similar documents  Provide clear description of the legal status of the charter school  Outline other important legal or operational relationships between school and granting agency

Element 5 – Employee Qualifications “The qualifications to be met by individuals to be employed by the school.” Ed. Code § 47605 (b)(5)(E) A “reasonably comprehensive” description must:  Identify all key staff positions with the school  Describe specific key qualifications (knowledge, experience, education, certification, etc.)  Define core, college preparatory teachers and affirm they will hold appropriate Commission on Teacher Credentialing certificate, permit or other equivalent document as required by Law including the No Child Left Behind Act  Identify any non-core, non-college prep teaching positions staffed by non-certified teachers, along with required qualifications

Element 6 – Health and Safety “The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in § 44237.” Ed. Code § 47605 (b)(5)(F) A “reasonably comprehensive” description must:  Affirm that each employee will furnish the school with a criminal record summary  Outline specific health and safety practices addressing key areas:  Seismic safety (structural integrity and earthquake preparedness)  Natural disasters and emergencies  Immunizations, health screenings and administration of medications  Tolerance for use of drugs and/or tobacco  Staff training on emergency and first aid response  Provide references accompanied by a detailed set of health and safety related policies/ procedures or the date by which they will be adopted and submitted to ACOE ACOE Charter School Handbook – rev 7/1/2010

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Element 7 – Racial and Ethnic Balance “The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.” Ed. Code § 47605 (b)(5)(G) A “reasonably comprehensive” description must:  Lists specific practices/policies designed to attract a diverse applicant pool/enrollment  Provide practices and policies to achieve targeted racial and ethnic balance

Element 8 – Admission Requirements “Admission Requirements, if applicable.” Ed. Code § 47605 (b)(5)(H) A “reasonably comprehensive” description must have:  Mandatory assurances regarding non-discriminatory admission procedures  Proposed admissions and enrollment process and timeline, as well as procedures for public random drawings, if necessary  Clearly described admission requirements, including any preferences  Admission preferences which are required for conversion charter schools, if applicable

Element 9 – Annual Financial Audits “The manner in which annual, independent, financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.” Ed. Code § 47605 (b)(5)(I) A “reasonably comprehensive” description must have:  Procedures to select and retain independent auditor  Qualifications of independent auditor  Audits to employ generally accepted accounting procedures  The manner in which the audit will be conducted  The scope and timing of the audit, as well as required distribution of completed audit  A process for resolving audit exceptions and deficiencies to the satisfaction of the Alameda County Office of Education

Element 10 – Suspension and Expulsion “The procedures by which pupils can be suspended or expelled.” Ed. Code § 47605 (b)(5)(J) A “reasonably comprehensive” description must:  Detail a step-by-step process by which students may be suspended or expelled  Reference a comprehensive set of student disciplinary policies  Outline or describe strong understanding of relevant laws protecting constitutional rights of students, generally, and of disabled and other protected classes of students  Have policies to balance students' rights to due process with responsibility to maintain a safe learning environment  Explains how ACOE may be involved in disciplinary matters

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Element 11 – Staff Retirement System “The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.” Ed. Code § 47605 (b)(5)(K) A “reasonably comprehensive petition” must:  Have a statement of whether staff will participate in STRS, PERS, or Social Security (if STRS, then all teachers must participate)

Element 12 – Attendance Alternatives “The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.” Ed. Code § 47605 (b)(5)(L) A “reasonably comprehensive petition” must:  State that students may attend other schools or pursue an inter-district transfer in accordance with existing enrollment and transfer policies of their district or county of residence and/or description of other attendance alternatives

Element 13 – Description of Employee Rights “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.” Ed. Code § 47605 (b)(5)(M) A “reasonably comprehensive petition” must:  State that collective bargaining contracts of ACOE will be controlling  Whether and how staff may resume employment within the district or ACOE, if applicable  Describe sick/vacation leave and the ability to carry it over to and from charter school, if applicable  Identify whether staff will continue to earn service credit (tenure) in district or ACOE while at charter school, if applicable

Element 14 – Dispute Resolution Process “The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.” Ed. Code § 47605 (b)(5)(N) A “reasonably comprehensive petition” must:  Outline a simple process for the charter school and the Alameda County Office of Education to settle disputes relating to the provisions of the charter  Outline a process by which charter school will resolve internal complaints and disputes

Element 15 – Labor Relations “A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (Chapter 10.7 ( commencing with Section 3540) of division 4 of Title 1 of the Government Code).” Ed. Code § 47605 (b)(5)(O) A “reasonably comprehensive petition” must:  State whether charter or ACOE will be the employer for EERA purposes. If ACOE is to be the employer, include provisions clarifying charter's role in collective bargaining process ACOE Charter School Handbook – rev 7/1/2010

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Element 16 – Closure Procedures “A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.” Ed. Code § 47605 (b)(5)(P) A “reasonably comprehensive petition” must:  Outline a description of the process to be used if the charter school closes  The process should include a final audit of the charter school, specific plans for disposition of all net assets and liabilities, as well as for the maintenance and transfer of pupil records

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Four Conditions Charter schools: 1. Shall be nonsectarian in its programs, admission policies, employment practices, and all other operations. 2. Shall not charge tuition. Fees are okay for home-to-school transportation offered as a service, but fees cannot be charged for any and all educational activities, including extra curricular activities. (ref. Hartzell v. Connell 35 Cal. 3d 899 [1984]) 3. Shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability. 4. Shall admit all students who reside in California who wish to attend (up to the school’s capacity based upon space, staff, or charter school policy.)  If the number of applicants exceeds the school’s capacity, enrollment shall be determined by a random drawing.  Conversion schools shall adopt a policy giving “admission preference to pupils who reside within former attendance area of that public school”.  Preferences shall also be extended by the charter school to: a. Pupils currently attending the charter school b. Pupils who reside in district  Preferences may be permitted by the chartering agency on an individual school basis, if consistent with the law.

No charter school shall receive any public funds for a pupil if the pupil also attends a private school that charges the pupil’s family for tuition (ref.Ed. Code 47602[b])

Three Prohibitions 1. An employee of the school district cannot be required to be employed in a charter school. (ref.Ed. Code 47605(e) 2. A pupil enrolled in the school district cannot be required to attend a charter school. (ref.Ed. Code 47605[f]) 3. No charter school shall be granted that authorizes the conversion of any private school to a charter school (ref.Ed. Code 47602[b]) including a private school that is “going out of business” only to reopen as a charter school.

Required Supplemental Information The governing board can require that petitioners provide information regarding the proposed operation and potential effects of the charter school upon the school district including:    

A description of how the petitioner will provide Special Education Services Financial Plan including financial statements Impact Statement Facilities to be utilized

Special Education The petition must identify whether the charter will be an independent LEA for Special Education purposes, and/or will provide documentation that they have consulted with a SELPA and are in the process of good faith negotiations for providing services. The petition must include an overview of how special education funding and services will be provided.

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If The Charter is Not An Independent LEA The charter petition or MOU must clearly delineate the responsibilities of each party and how the following services will be delivered:  Referrals and Assessments  Instruction  Due Process  Agreements describing allocation of actual and excess costs  The transition process to or from a district when a student with an IEP enrolls in or transfers out of the charter school If the Charter is an LEA within a SELPA The special education services described must be consistent with the SELPA Plan and/or policies and procedures. The charter school shall be responsible for complying with all provisions of 20 U.S.C., Chapter 33 and its implementing regulations as they relate to LEAs. The school provides a copy of the Local Plan and approval of the School as an LEA into the SELPA to the County Board as part of the pre-opening requirements. The School must assume all responsibility, including but not limited to, full financial responsibility, specifically any and all costs associated with the provision of special education and related services and accommodations under Section 504 of the Rehabilitation Act, for all students who are enrolled in the School, over and above any state or federal funding received for such purposes. Student Enrollment Requirements It is understood that all children have access to the School and no student shall be denied admission due to disability. Any student who is a resident of the State of California can enroll in a California charter school and all students who wish to attend the school must be admitted. Students do not need permission to enroll from their school district nor do they have to request inter-district transfers to enroll. Some charter schools do have admission requirements and students may need to meet the admission requirements of that charter school to enroll. Charter school admission requirements cannot discriminate by residency, race, religion, or economic status.

Financial Plan A detailed financial plan is required when submitting a petition that includes:   

A first year operational budget which clearly identifies all major start up costs such as staffing, facilities, equipment and supplies and professional services. Annual Operating Budget that shows annual revenues and expenditures clearly identified and that reflect the school design plan. Cash Flow Analysis showing a positive cash balance each month and/or identifies sources of working capital and monthly projections of revenue receipts in conjunction with local/state/federal funding apportionments. A long-term plan that includes a multi-year budget and planning assumptions for at least two additional years.

Revenue from “soft” sources such as promised donations, etc. must be less than 10% of ongoing operational costs.

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Impact Statement This section must describe in detail the administrative framework for the charter school operations, and the legal status of the school (i.e. 501c3 public benefit corporation). This section also addresses potential civil liability effects, if any, upon the school and the ACOE.

Geographic Limitations Proposed Location of the School for a School District Petition Charter schools must operate within the geographic boundaries of the school district receiving the petition. The petition may propose to operate at multiple sites within a school district, as long as each location is identified in the charter school petition. The petition must include a description of the facilities to be used and specify where the charter school intends to locate. (Ed. Code § 47605(a) and (g). Notification of the location of the approved charter school must be made to the county superintendent of schools and the Superintendent of Public Instruction before the charter school commences operations. After receiving approval, the charter school may propose to establish operations at one or more additional sites through a request for a material revision to the charter.

Proposed Location of the School for a Countywide Petition Countywide petitions must list at least 2 proposed locations in 2 different districts as part of its justification for establishing a countywide charter school. The proposed budget must contain adequate resources to operate more than one site. The countywide charter school petitioner and shall give at least 30 days notice of the applicant's intent to operate a school to each of the school districts where the applicant proposes to operate a facility.

Nonclassroom-Based Charter Schools Charter Schools may establish a resource center, meeting space, or other satellite facility located in a county adjacent to that in which the charter school is authorized if “the facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school” and “the charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the school is authorized” (Ed. Code § 47605.1)

Facilities Who May Request Facilities? Any charter school that is operating in a district that is either:  Currently educating at least 80 in-district students.  Not yet serving district pupils, but having identified at least 80 in-district students who are meaningfully interested in enrolling in the charter school next year.

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Proposition 39 Timeline Proposition 39 requires that school districts provide comparable, contiguous, and furnished and equipped space to charter schools serving district residents in classroom-based instruction. New or proposed charter schools must submit charter application for facilities annually. Following is the timeline under the Prop. 39 regulations:  

Nov. 1: The charter application is due. Dec. 1: The school district shall review the charter school’s projected needs and let the charter school know of any objections. These objections must be in writing and the district must state the projections that they feel are reasonable. Jan. 1: The charter school must respond to any objections expressed by the school district and to the district’s projections by this date. Keep in mind that this is the middle of the holiday season, so expect these responses earlier. Feb. 1: Deadline for the school district to prepare, in writing, a preliminary proposal regarding the space to be allocated to the charter school and/or to which the charter school is to be provided access. The preliminary proposal shall include, but not be limited to, the following: – Projections of in-district classroom ADA on which the proposal is based. – Specific location or locations of the space. – All conditions pertaining to space, including a draft of any proposed agreement pertaining to the charter school’s use of the space. – The projected pro-rata share amount and description of the methodology used to determine that amount. – A list and description of the comparison group schools used in developing its preliminary proposal, and a description of the differences between the preliminary proposal and the charter school’s facilities request. March 1: The charter school shall respond in writing to the school district’s preliminary proposal informing the district of any concerns, addressing differences between the preliminary proposal and the charter school’s facilities request and making a counter proposal if necessary. April 1: The school district shall submit in writing a final notification of the space offered to the charter school. The notification shall include a response to the charter school’s concerns, if any, and a counter proposal, if necessary. May 1: The charter school must notify the school district in writing whether or not it intends to occupy the space offered.

Under Proposition 39, the facilities must be available for occupancy 10 working days prior to when the charter school begins instruction. An agreement worked out in the regulation development process allows this period to be reduced by the school district for good cause. However, the timeline should not be reduced below seven working days.

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Section Two:

Recommendation and Approval Once staff concludes their review, a summary report is completed based on their findings. This report is submitted to the County Board for consideration of approval or denial of the petition. The County Board must either grant or deny the charter petition no later than 60 days after receiving the complete petition package on appeal, or 90 days if it is a countywide charter petition. This date may be extended if the petitioner(s) and the County Board agree to the extension. (See Appendix B, Charter Schools Policy and Regulations, for more information). The Board has the authority to approve or deny the petition based on the information provided by petitioner, the level of support provided during the public hearing, and staff’s analysis and recommendation of the merits of the petition document. Initial approval of a charter may be for a period of up to five years (Ref: E.C. 47607)

The Five Findings (6 if countywide charter) The Five Grounds for denying a charter school petition under Education Code § 47605 are: 1. 2. 3. 4. 5. 6.

“The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.” “The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.” “The petition does not contain the number of signatures required.” “The petition does not contain an affirmation of each of the [four] conditions described in subdivision (d) of Ed Code § 47605.” “The petition does not contain reasonably comprehensive descriptions of the required 16 elements.” In addition, The Board can deny a Countywide charter petition for any reason.

Additional Countywide Finding A county board may impose additional requirements that it considers necessary for the sound operation of a countywide charter school. A countywide charter school will only be recommended for approval if the review team is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Education Code Section 47605. (See Appendix C for Education Code reference.)

If the Petition is Denied If the County Board denies the charter petition, a letter stating the Board’s findings of facts will be prepared and mailed to petitioners. If the County Board denies a petition on appeal, the petitioner may submit it to the State Board of Education. A petitioner does not have any appeal rights when applying as a countywide petition. If either the County or State Board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny a petition shall be subject to judicial review. ACOE Charter School Handbook – rev 7/1/2010

16


Initial Governing Board Approval Initial approval of a charter may be for a period of up to five years. A governing board may grant “conditional approval” which is approval of the charter now provided that certain conditions are met, such as:  Signing a Memorandum of Understanding.  Providing A Facility Lease Agreement.  Confirmation of additional financing that secures the financial viability of the school, if necessary, such as grants, donations, loans, etc..  SELPA Membership as an LEA or written proof that Special Education Services are Secured.

Memorandum of Understanding The Memorandum of Understanding (MOU) is not required under charter law but highly recommended by agencies such as the California Department of Education, Fiscal Crisis Management and Assistance Team (FCMAT) and School Services of California. A sample copy of ACOE’s MOU is included as Appendix D. A well designed Memorandum of Understanding (MOU) clearly spells out the specific expectations for how the school will operate as well as what the school can expect from the authorizer. It addresses those items that have not been covered in the charter petition, provides guidance on the oversight policies and procedures of the authorizer, and outlines the fiscal and administrative responsibilities and legal relationships. It is an important tool that allows the authorizer to be reasonably assured that the school is:  Implementing the provisions of the Charter as approved.  Obeying all requirements of federal, state and local laws that apply to the school.  Being operated prudently in all respects.  Providing a sound education for all of its students. Once signed, the MOU is considered a binding legal agreement and is enforced as part of the charter, replacing any inconsistent language in the charter.

Pre-Opening Checklist After charter approval, there are several requirements under law and agreed to in the MOU that the charter must comply with prior to opening their school. Compliance of these requirements may include providing documentation in the areas of:    

Governance and Organizational Management Educational Performance Fiscal Operations Fulfilling the Charter Terms

A pre-opening checklist is included as an attachment to the MOU. See Appendix E for a detailed list of required items.

ACOE Charter School Handbook – rev 7/1/2010

17


Amendments or Revisions A material revision is any revision that substantially alters the intent of the charter. Minor changes, such as changes in dates or small deviations in numeric data, are not considered material revisions. The charter schools office will negotiate requested revisions with the governing entity of the charter school and bring recommended revisions to the County board for public review and approval.

ACOE Charter School Handbook – rev 7/1/2010

18


Section Three:

Oversight and Monitoring "The Legislature intended charter schools to increase innovation and learning opportunities while being accountable for achieving measurable student outcomes. In order to hold the charter schools accountable, the Legislature required that each charter petition contain certain elements, including measurable student outcomes proposed by the school to accomplish its educational program. These outcomes give the chartering entity criteria against which it can measure the school’s academic performance and hold it accountable. The charter agreement is critical for accountability, as it outlines the standards the school is agreeing to be held to." - State Auditor Report, 2002

Authorizer Responsibility The Charter authorizer is responsible for meaningful oversight of the charter school. The goal is to balance the responsibilities of ensuring quality oversight through the legislated compliance requirements while minimizing administrative burdens on charters. At minimum, the authorizer must:      

Identify at least one staff member as a contact person for the charter school Visit each charter school at least annually. (Note, the authority that granted the charter may inspect or observe any part of the charter school at any time.) Ensure that each charter school under its authority complies with all reports required of charter schools by law. Monitor the fiscal condition of each charter school under its authority. Monitor that the charter is acting in accordance with its approved petition and Memorandum of Understanding. Notify CDE if a charter is granted, denied or revoked.

The MOU includes a list of specific reports and activities required from charter schools that will assist in ensuring quality oversight. These required documents, collected throughout the term of the charter, are used in addition to other information to make a recommendation for renewal. See Appendix E, sample Monitoring/Reporting Activities.

County Superintendent’s Role Charter schools are not subject to AB 1200 requirements; however, a county superintendent of schools may audit a charter school in his/her county for suspected fraud or illegal fiscal practices, investigate the operations of a charter school, based upon written complaints by parents or other information that justifies the investigation, and request Fiscal Crisis and Management Assistance Team (FCMAT) review of a charter school.

ACOE Charter School Handbook – rev 7/1/2010

19


Proactive Oversight Quality authorizing is more than the collection of charter school data. A proactive oversight process includes multiple data-gathering systems to ensure the charter school is living up to its charter contract and the Memorandum of Understanding. At minimum, responsible authorizing includes tracking, analyzing, and measuring the information and data we collect for the schools we’ve authorized, and in turn providing quality feedback to the charter as well as reporting quality output regarding the status of the charter back to the Board. Monitoring and oversight responsibilities cover a broad area of topics:      

Budget and Finance Board Governance/Legal Issues Educational Programs Performance and Services Enrollment and Student Attendance Credentialing/NCLB Requirements Facilities

These oversight topics fall under the following categories: Education Code Section 47605 A-P (The same requirements used in the petition review process) i. Ed Code 47605.6 (b): A County Board may impose any additional requirements that it considers necessary for the sound operation of a countywide charter school. ii. Ed Code 47605.6 (b)(5)(D): The location of each charter school facility that the petitioner proposes to operate (countywide) iii. Ed Code 47605 (c)(2)(d)(1): 4 Assurances – nonsectarian, non-discriminatory, tuition free, admission preferences iv. Ed Code 47607(a)(1) : The authority that granted the charter may inspect or observe any part of the charter school at any time. v. Ed Code 47607(b): At least one must be met for Renewal: (1) Attain API growth target (2) Ranked in deciles 4 to 10 (3) Ranked in deciles 4 to 10 for a demographically comparable school (4) at least equal to the in academic performance to the public schools the students would have gone to and the district that the school is located. (5) Has qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052. vi. Charter Petition vii. OTHER authorized School Agreements/Memorandum of Understandings (MOUs) Monitoring and Oversight is completed by the ACOE in two parts, allowing for the charter to provide evidence that it is adhering to the charter petition, California Education Code, and the MOU. The Desk Review ensures the reports that are submitted by the charter school are in compliance with its charter, California Education Code, and the authorizer’s agreement/MOU. Site Reviews are conducted by a Site Review Team on the school campus or the charters administrative office. Below is a detailed list of information that may be reviewed under each topic.

ACOE Charter School Handbook – rev 7/1/2010

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Oversight Topic

Fiscal Operations (Ed Code 47605 A, F, I, L, and sections i, iv, vii)

Educational Performance and Ongoing Assessment (Ed Code 47605 A, B, C, and sections i, vi, vii)

Desk Review • • • • • • • • • • • • • • • • • • • •

• • • •

Facilities and Operations (Ed Code 47605F, I, and sections i, ii, vii)

Board/Governance (Ed Code 47605 D, E, F, G, H, I, J, M, N, O, P, and sections i, iv, vii)

• • • • • • • • • •

• • • • • •

Personnel (Ed Code 47605 E,K,M,O, and sections i, iv, vii)

• • • • • • •

Annual Budget & Interim Reports Unaudited Actuals Audit Report Aligns with Ed. Program Internal Controls/Procedures Short or long term debt Potential Liability Claims Bank Account Statements/Cash Flow/Reserves Staffing, Enrollment Projections Property Liability General Liability & Worker’s Comp CON APP Grants Attendance Reports School Calendar (days) Bell Schedule (minutes) Master Calendar (high school) Curriculum Materials Professional Development Annual Report (Academic Performance, ELL Plan, Economically Disadvantaged, etc.) Parent Handbook (parent complaint process) API/AYP scores Program Improvement Status Achievement Plan (Alternative Assessment Measures - if required) CAHSEE Results (high school) CELDT, Physical Fitness NCLB (if receiving Title I Funding) SARC Report Building Code Compliance Lease Agreements Certificate of Occupancy Prop 39 Facility Requests SARC Report Emergency Evacuation Plans

Brown Act Compliance Policies & Procedures Agenda/Minutes Conflict of Interest/R700 Parental Involvement (policies, surveys, etc.) Amendments to Charter or MOU (as needed) Hiring Practices & Policies Credential Match w/ Schedule Criminal Background Checks Employee Handbook (universal complaint procedures) Employee Contract Professional Development (agendas) SARC Report

ACOE Charter School Handbook – rev 7/1/2010

Site Review • • • • • • •

Student records School Forms Business Practices Accounts Payable System Independent Study docs (if app) Attendance logs/teacher rosters Interview attendance and business staff

• Evidence of adherence to charter educational program • Special Programs: ELL, Special Ed., GATE • Classroom Observation (CSR classroom, Student Work/Pupil progress, Content Standards, Instructional Materials, Differentiating for special learners) • Interview teachers and parents

• Adherence to Safety Plan • Disaster Preparedness • Adequate space for number of students • Playground space • ADA compliance • Health/Safety-Maintenance • Interview staff & students • Board Meetings • Parent Involvement (volunteer logs, TB results, surveys) • Interview Board Members

• Classroom Observation (match credential w/subject) • Interview business office and admin staff • Universal Complaint Procedures

21


Oversight Topic Student Services (Ed Code 47605 G,H,J, L, and sections i, iii)

Desk Review

Site Review

• Annual Report (Promotion of Racial Balance) • Admission Policies and Preferences • Disciplinary Policies • Special Ed. (Annual Assurances, IEPs, Triennials) • SARC Report • Universal Complaint Procedures

• Enrollment Forms • CUMs/Case Files (Authorized Personnel, Access Logs) • Discipline Records/Due Process • Universal Complaint Procedures Posted • Attendance Accountability • Interview administrator

The amount of time spent monitoring and overseeing charter schools vary from charter to charter based on criteria such as size, number of sites, and the charter’s adherence to required deadlines. Attached as Appendix F is a sample of the Authorizer’s Monitoring and Oversight Checklist, which includes specific details of what information and documentation may be reviewed as part of our oversight responsibilities.

Liability Issues (Ed. Code § 47604(c)) Board Policy and the MOU require that charter schools be adequately insured. However liability insurance typically does not cover contractual or regulatory obligations or state claim for reimbursement of erroneous or misapplied apportionment. Prudent supervision is key to eliminating an authorizer’s potential liability. An authority that grants a charter to a charter school to be operated by, or as, a nonprofit public benefit corporation is not liable for the debts or obligations of the charter school, or for claims arising from the performance of acts, errors, or omissions by the charter school, but only if the authority has complied with all oversight responsibilities required by law, including, but not limited to those required by Education Code Section 47604.32 and subdivision (m) of Section 47605 (relating to annual audits).

Multi-Site Charter Schools Since a multi-site charter is technically one school, noncompliance at a single site would constitute noncompliance for the whole charter school. Thus, it is important that each site is visited at least annually.

Charter’s Responsibility Each charter school is required to annually provide:  A preliminary budget by July 1  First interim report by December 15  Second interim report by March 15  A final unaudited report by September 15 Charters must meet all statewide standards and conduct the pupil assessments applicable to pupils in traditional school district public schools. It is their responsibility to consult with parents, legal guardians, and teachers regarding the school’s educational programs on a regular basis. Charters must notify the superintendent of the school district of the pupil’s last known address within 30 days if a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason. Upon request, the charter school shall provide that school district with a copy of the student’s cum record, including transcript of grades or report card and health information. ACOE Charter School Handbook – rev 7/1/2010

22


Charters must promptly respond to all reasonable inquiries from the chartering authority, the county office of education, and the State Superintendent, and may consult with these agencies regarding any inquiries.

Mandated Cost Reimbursements The following charter-related mandates have been deemed to be reimbursable:      

Responding to information requests about Charter School Law and the LEA’s policies. Evaluating charter petitions (both new and renewals) Holding public hearings Monitoring the charter (with costs offset by administrative fees received.) Petition appeals Notifying charter of violations prior to revocation.

These claimable costs include salaries and benefits for management and clerical staff. Superintendents or board members costs cannot be claimed. Other costs included materials and supplies, contract services (such as attorney fees), allowable indirect costs. Time spent planning and preparing procedures for implementation of the Charter School Act, disseminating information to staff, students, parents and community cannot be claimed.

Reimbursement for Oversight The chartering agency may charge for the actual costs of supervision, not to exceed 1%, (3% if a countywide charter) of a charter schools general purpose and categorical block grant revenues. A county board that approves a countywide petition may enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board.

Revocation of a Charter The County Board has the right to revoke a Charter school in accordance with Education Code Section 47607 or other applicable state and federal statute or regulations. The bases for revoking a charter include, but are not limited to:    

A material violation of any of the conditions, standards, or procedures set forth in the Charter Schools Act Failure to meet or pursue any of the pupil outcomes identified in the charter Failure to meet Generally Accepted Accounting Principles or engaging in fiscal mismanagement Failure to comply with the terms of the charter

Prior to the County Board instituting revocation proceedings, the ACOE will provide progressive notices that correction of a problem needs to occur within specified time lines. A revocation can be immediate if it is determined that the violation constitutes a severe and imminent threat to the health and safety of pupils. Details of the revocation process and progression of notification of corrective action are included in the memorandum of understanding (Appendix D.)

ACOE Charter School Handbook – rev 7/1/2010

23


Surrender of Charter (voluntary surrender, non-renewal, or revocation) A description of the procedures to be used if the charter school closes should be included in the charter petition. Any clarification of the procedures for a school closure is included in the memorandum of understanding. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of student records. The charter is required to provide updates as are reasonably necessary from time to time to the description of the procedures. The categories that must be addressed in such procedures include, but are not limited to:  Identification of a responsible person(s) –This provision shall include a process to ensure that it is updated no less than annually or when any change is made.  Notification of students and families of school closure.  Security of student and business records.  Processing of final employee payroll and benefits.  Identification of all assets and liabilities and plan for transfer as detailed in the renewed Charter.  Final close-out audit to be paid for by the charter school.  Identification of a source of funding to be used for closeout expenses including the final audit.  If applicable, dissolution of the nonprofit corporation. If the charter closes permanently for any reason, the ACOE on behalf of the County Board shall serve written notice to the charter that the closure procedures have been invoked. The school will immediately identify the specific individual who is responsible for coordinating the close out activities. ACOE, on behalf of the County Superintendent of Schools (pursuant to Ed. Code § 47604.4), may gain full access and copies of all student and business records at any time after the County Board gives written notice that it is invoking the closure procedures.

ACOE Charter School Handbook – rev 7/1/2010

24


Section Four:

Charter Renewal Overview When the Alameda County Board of Education has approved a charter petition, the new charter school has the freedom to organize around a core mission, and set their own goals and objectives in establishing and running a successful program. It is allowed to control its own budget, and hire (and fire) teachers and staff. In return, a charter school is held accountable for its performance and must demonstrate good results within its five year term, or risk losing its charter. A thorough renewal process helps to determine that the school has demonstrated success in achieving its goals and objectives as outlined in their original charter petition, and determines that the charter has sustained operational viability throughout its approved term. Charter Schools are evaluated and measured based on the criteria specific to the mission and goals of the school. A charter school that has been denied renewal by a school district has the opportunity to appeal its renewal to the County Board of Education. The ACOE uses the same process for renewal appeals as it does when considering its own authorized charter schools for renewal, except that we will also take into consideration the information and reports submitted by the denying school district.

Standards and Criteria Charter schools must comply with the standards and criteria in Education Code Section 47605. Charter petitions being considered for renewal must be revised to reflect any new requirements enacted into law after the charter was originally granted. Charter School Renewals are also governed by standards and criteria under Education Code Section 47607. At least one of the following five criteria must be met:     

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 positive determination by the chartering authority regarding the comparative academic performance of the charter school Qualification by the charter school for the Alternative School Accountability Model, if applicable. (see California Code of Regulations, Title 5, Sections 10681074)

A chartering authority engages in the same evaluation on renewal as it does on granting an initial charter – based upon current law, not law in effect when charter was first granted. Renewals must also include a description of any new legal requirements adopted since charter was granted (E.C. 47607[a][2]). Protocols and checklists, developed by the charter schools office, assist the ACOE Charter School Handbook – rev 7/1/2010

25


review team in completing a thorough renewal analysis. A sample of these checklists is included as Attachment I. The following questions are used as a guideline in assessing whether the charter school has met its goals and objectives as stated in their Charter and Memorandum of Understanding:    

Is the academic program a success? Is the organization effectively lead and managed? Is the school being operated prudently and meeting all regulatory requirements? Is the school faithful to the terms of its charter and MOU?

The answers to these questions are based on a variety of information. Annual site visits, Reports provided by the school, and a thorough review of the charter’s plans for the next five years are all part of the renewal application process.

Renewal Timeline In the spring of the 4th year of operation, the charter school will send ACOE a letter of intent to seek renewal. This letter will be submitted no later than June 30th of the 4th year of operation. The charter school will submit its revised charter no sooner than on October 1st. Once a petition for renewal is received, the same timeline as the petition review process for a countywide petition will be followed. Action Petitioner submits a complete petition renewal package Upon determination that the Renewal Petition submitted is complete, a public hearing is held. Additional information may be requested from the petitioner. CBE shall grant or deny the charter petition renewal. Agreement by petitioner and ACOE that additional time is required (optional)

Timeline 

 

Petitioner will be notified in writing of acceptance of complete Charter Petition Renewal. No later than 60 days after receipt of a complete petition renewal.

No later than 90 days after receipt of a complete petition renewal. 30 day extension or more of timeline as agreed to by all parties.

Approval/Denial of Renewal A charter renewal may not be granted to a charter school prior to 30 days after that charter school submits materials pursuant to renewal. The approval for renewing the operations of a charter shall be granted in increments of five years. If the county board of education does not grant a renewal of a charter, the charter school may submit its application for renewal to the State Board of Education.

ACOE Charter School Handbook – rev 7/1/2010

26


ROSTER OF CHARTER SCHOOLS IN ALAMEDA COUNTY Alameda County Office of Education 1

Aspire California College Preparatory (7-10)

2125 Jefferson Ave.

Berkeley

(510) 486.8133

2

Cox Elementary (K-5)

9860 Sunnyside St.

Oakland

(510) 904.6300

3

Envision Academy of Arts & Tech (9-11)

1515 Webster St.

Oakland

(510) 596.8901

4

FAME Public Charter School (K-12)

39899 Balentine Dr., #335

Newark

(510) 687.9111

Alameda Unified School District 5

Alameda Community Learning Center

210 Central Ave.

Alameda

(510) 521.7543

6

The Academy of Alameda Middle School

401 Pacific Ave.

Alameda

(510) 748.4017

7

Bay Area School of Enterprise (9-12)

1900 3rd St.

Alameda

(510) 748.4314

8

Nea Community Learning Center

500 Pacific Ave.

Alameda

(510) 748.4008

4700 Calaveras Ave.

Fremont

(510) 797.0100

Fremont Unified School District 9

Circle of Independent Learning (K-12)

Hayward Unified School District 10

Impact Academy of Arts & Technology (9-10)

2560 Darwin St.

Hayward

(510) 300.1560

11

Golden Oak Montessori School of Hayward

951 Palisade St.

Hayward

(510) 931.7868

12

Leadership Public Schools-Hayward (9-12)

28000 Calaroga Ave.

Hayward

(510) 300.1340

Livermore Valley Unified School District 13

Livermore Valley Charter Prep.

2451 Portola Ave.

Livermore

(925) 456.9000

14

Livermore Valley Charter School (K-8)

543 Sonoma Ave.

Livermore

(925) 443.1690

Oakland

(510) 904.6440

Oakland Unified School District 15

Achieve Academy (4-5) ACOE Charter School Handbook – rev 9/30/2010

1700 28th Ave.


16

American Indian Public High School (9 -12)

3637 Magee Ave.

Oakland

(510) 482.6000

17

American Indian Public Charter School (6-8)

3637 Magee Ave.

Oakland

(510) 482.6000

18

American Indian Public Charter School II (6-8)

171 12th St.

Oakland

(510) 893.8701

19

ARISE High School (9 - 12)

3301 E. 12th St. Ste 205

Oakland

(510) 436.5487

20

Bay Area Technology School (6-12)

4521 Webster St.

Oakland

(510) 645.9932

21

Berkley Maynard Academy (K-5)

6200 San Pablo Ave.

Oakland

(510) 658.2900

22

Civicorps Academy (adult)

1021 Third St.

Oakland

(510) 992.7855

23

Civicorps Elementary (K-4)

1086 Alcatraz Ave.

Oakland

(510) 420.3701

24

Civicorps Middle (5-8)

1086 Alcatraz Ave.

Oakland

(510) 420.3701

25

Conservatory of Vocal/Instrumental Arts COVA (K-8)

3800 Mountain Blvd.

Oakland

(510) 285.7511

26

East Oakland Leadership Academy (K-8)

2614 Seminary Ave.

Oakland

(510) 562.5238

27

East Oakland Leadership Academy High (9-12)

2614 Seminary Ave.

Oakland

(510) 562.5238

28

ERES Academy (K-8)

1936 Courtland Ave.

Oakland

(510) 436.9760

29

KIPP Bridge Charter School (5-8)

991 14th St.

Oakland

(510) 879.2421

30

Lighthouse Community Charter (K-8)

444 Hegenberger Rd.

Oakland

(510) 562.8801

31

Lighthouse Community Charter High School (9-12)

444 Hegenberger Rd.

Oakland

(510) 562.8225

32

LPS – Oakland (9-12)

8601 MacArthur Blvd. Bldg. 100

Oakland

(510) 633.0750

33

Millsmont Academy (K-5)

3200 62nd Ave.

Oakland

(510) 638.9445

34

Millsmont Academy Secondary (6-12)

8030 Atherton St.

Oakland

(510) 562.8030

35

Monarch Academy (K-5)

1445 101st Ave.

Oakland

(510) 568.3101

36

North Oakland Community Charter (K-7)

1000 42nd St.

Oakland

(510) 655.0540

37

Oakland Aviation High School (9-12)

7850 Earhart Rd.

Oakland

(510) 633.6375

38

Oakland Charter Academy (6-8)

3001 International Blvd.

Oakland

(510) 532.6751

39

Oakland Charter High (9-12)

345 12th St.

Oakland

(510) 893.8700

40

Oakland Military Institute (6-12)

3877 Lusk St.

Oakland

(510) 594.3900

41

Oakland School for the Arts (6-12)

530 18th St.

Oakland

(510) 873.8800

42

Oakland Unity High (9-12)

6038 Brann St.

Oakland

(510) 635.7170

ACOE Charter School Handbook – rev 9/30/2010


43

Reems (Ernestine C.) Academy (K-8)

8425 MacArthur Blvd.

Oakland

(510) 729.6635

44

Wilson (Lionel) College Prep. (6-12)

400 105th Ave.

Oakland

(510) 635.7737

45

World Academy (K-3)

1700 28th Ave.

Oakland

(510) 904.6400

San Lorenzo Unified School District 46

KIPP King Collegiate High School (9-10)

2005 Via Barrett

47

KIPP Summit Academy (5-8)

2005 Via Barrett

ACOE Charter School Handbook – rev 9/30/2010

San Lorenzo San Lorenzo

(510) 317.2330 (510) 258.0106


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE I.

AR 0420.4(a)

Guidelines for Establishing a Charter School on Appeal or CountyOperated Charter School The Legislature established the Charter Schools Act of 1992 (Chapter 781, Statutes of 1992), as amended, to provide opportunities for students, teachers, parents, and community members to establish and maintain nonsectarian schools that operate independently from the existing school district structure. No charter shall be granted under this administrative regulation that authorizes the conversion of any private school to a charter school or authorizes the establishment of a charter school located outside the territorial jurisdiction of the County Board of Education. Accordingly, in order to implement state law fully and fairly, and to provide petitioner(s) with a thorough description of how the county shall meet its obligations under law, the County Board adopts the following procedures to establish a charter school.

II.

Appeals of Charter Petitions That Have Been Denied A.

A charter school petition that has been previously denied by the governing board of a school district must be received by the County Board of Education no later than 180 calendar days after the denial. Any petition received by the County Board more than 180 days after denial shall not be acted upon by the County Board.

B.

When filing an appeal with the County Board of Education for the establishment of a charter school, petitioner(s) shall provide the following: 1. A complete copy of the charter petition as denied, including the signatures required by E.C. section 47605. 2. A copy of the governing board’s action of denial of the petition and the governing board’s written factual findings specific to the particular petition, as required by E.C. section 47605(b). 3. A signed certification of compliance with applicable law. 4. 15 copies of the charter petition with appropriate changes making ACOE the authorizing entity. Include a description of any necessary changes to the petition to reflect the County Board of Education as the chartering entity.

C.

The County Board shall grant or deny the charter petition no later than 60 days after receiving the complete petition package. This date may be extended if the petitioner(s) and the County Board agree to the extension.

D.

In considering a charter petition previously denied by a school district, the County Board of Education shall not limit the review to the reasons for denial stated by the school district, but shall conduct the required review and findings and report said findings as stipulated in this regulation.

CSRU:Policy&Regs\ACOE CharterAdminRegulations 01_08

January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE III.

AR 0420.4(b)

Steps to Establish a Charter School A.

Step 1: Petition The charter petition shall present a sound educational program for students to be enrolled in the charter school. The program shall demonstrate it is likely to be successfully implemented by the charter school. It shall contain specified educational elements as well as compliance-based components. These elements include, among other things, clearly defined goals and measurable student outcomes, and the governance structure of the charter school. Components include required number of signatures, affirmations of specified conditions, and a reasonably comprehensive description of the required elements of the charter school as described in E.C. sections 47605 and 47611.5. Petitions should also include information regarding the proposed operation and potential effects of the school, including, but not limited to, plans for facilities, fiscal allocation plan, and how special education services shall be provided (E.C. sections 42130 & 42131). The County Board shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to academically low achieving students.

B.

Step 2: Circulate the Charter School Petition The petition must be signed by a number of parents/guardians not less than one-half of the number of students estimated to enroll in the school the first year of operation, or by one-half of the number of teachers estimated to be employed at the school during its first year of operation pursuant to E.C. section 47605 (a)(1). The affirmation shall include a prominent statement that the parent/guardian is meaningfully interested in having his/her child/ward attend the charter school, or the teacher is meaningfully interested in teaching at the charter school.

C.

Step 3: Submit Petition to County Board of Education In an effort to ensure appropriate planning and implementation time, petitioner(s) are strongly encouraged to submit petitions a minimum of nine (9) months prior to commencement of charter school operations.

CSRU:Policy&Regs\ACOE CharterAdminRegulations 01_08

January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE

AR 0420.4(c)

While a charter school petition may be submitted at any time during the year, petitioner(s) are encouraged not to submit a petition during typical recess periods when regular County Board of Education meetings are not scheduled within the next 30 days. These times include winter recess, spring break and summer vacation. Petitioner(s) should check the County Board of Education’s meeting calendar for specific dates. Following the application format provided below enables the objective review of petitions. Petitioners are strongly encouraged to:        

Include a Table of Contents that list page numbers for each section of the application Follow the same format and order as outlined in the Petition Review Checklist Include the proposed charter with appropriate changes making ACOE the authorizing Entity Include petition signatures (if signatures are credentialed teachers, include social security numbers and birthdates) Include affirmations/assurances as required under ed code 47605 Limit the overall length of the application to approximately 50 pages, with approximately additional 30 pages of attachments Include tabs to separate each of the sections of the application, except in the duplicating master Submit one electronic copy and at least 15 hard copies of the application with appropriate changes to the attention of the County Superintendent of Schools

Once a complete petition has been received, the timeline for the review process will begin. A petition shall be deemed complete, for purposes of the review timelines, after verification of signatures and the receipt of all required items of the petition are received as stated above. D.

Step 4: Public Hearing Within 30 days after receiving the complete charter school petition, the County Board of Education shall hold a public hearing on the provisions of the charter petition. The level of support for the petition by teachers employed by the county or district, other employees of the county or district, and parents, shall be considered. Charter petitioner(s) shall appear and provide testimony to the County Board of Education. Petitioner(s) are encouraged to respond to questions or concerns raised at the public hearing. This date may be extended if both parties agree to the extension.

CSRU:Policy&Regs\ACOE CharterAdminRegulations 01_08

January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE E.

AR 0420.4(d)

Step 5: Review Process The County Superintendent shall conduct the required review. A Charter School Petition Checklist which includes detailed components required under current law may be used to evaluate each charter petition. A written report and analysis shall be presented to the County Board. Following is a list of the steps taken to review a charter school petition that is submitted to the County Board: 1.

2.

3. 4.

5.

6.

F.

The County Superintendent shall determine the sufficiency of signatures to support the statement that the signatories are meaningfully interested in participating in the charter. The County Superintendent may select and convene a panel to review the petition for a charter school. Individuals knowledgeable in curriculum and instruction, human resources, school business, and special education should be included in the review process. The panel members will facilitate the review and evaluation of the charter petition within required timelines. The panel will provide a written report and analysis to the County Superintendent to support the approval or denial of the charter petition. After the Public Hearing and prior to the formal County Board of Education review and decision concerning the charter petition, the County Superintendent or designee shall conduct an analysis of the responses submitted by the charter school petitioner regarding any questions or concerns about the petition. This analysis shall be submitted to the County Board of Education prior to the formal review and decision regarding the charter petition. Written responses should be submitted to the County Superintendent in sufficient time to be incorporated into the review process. The final review and analysis and/or recommendations of the County Superintendent shall be provided to the County Board prior to formal action.

Step 6: Memorandum of Understanding The County Superintendent or designee may meet with the charter school petitioner to develop a Memorandum of Understanding (MOU) or Operating Agreement which shall describe the legal relationship between the charter school and County Board of Education and/or the County Superintendent of Schools. The MOU must be executed before a final approval of the charter petition is made. The County Board may approve the charter petition before an MOU is fully executed, contingent upon agreement and execution within a specified time period; and before the petition is forwarded to the State Board of Education.

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January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE G.

AR 0420.4(e)

Step 7: County Board Approval/Denial Within 60 days of receipt of the petition, or longer, based upon agreement between the petitioner(s) and the County Board, the County Board of Education shall either grant or deny the petition at a duly noticed public meeting. The County Superintendent or designee shall communicate in writing the decision of the County Board to the charter school petitioner(s). The initial term of the charter may be granted for up to three years and may be limited to one year. If the County Board denies the charter petition, the communication shall include factual findings, specific to the information and materials which were submitted, setting forth specific facts under E.C. sections 47605(b), (d), and 47611.5.

H.

Step 8: Provide Notice to State Board of Education If the County Board grants the petition, the petitioner shall provide written notice of the approval, including a copy of the petition, to the State Board of Education. The petition shall not be presented to the State Board of Education until the final petition has been granted. (See section III. F, above.)

I.

Step 9: State Board of Education Assigns Charter School Number The State Board of Education has the responsibility of ensuring that the submitted charter petition has the appropriate signatures, has been granted by the County Board of Education, and contains all the provisions specified by law. Upon meeting the State Board requirements, each charter school shall receive an assigned number and the charter school may officially begin operation. It is the responsibility of the charter school to notify the chartering authority of its state assigned number.

IV.

Conditions, Monitoring and Supervision of Approved Charters A.

Petitioners are strongly encouraged to operate the charter school as a non-profit public benefit corporation, pursuant to the California non-profit public benefit corporation law. Should a charter school elect to operate as, or be operated by, a nonprofit public benefit corporation, the County Board of Education may appoint a representative to serve on the board of directors of the corporation, and the corporation shall confer upon the Board's appointee all rights and responsibilities exercised by any other director of the corporation.

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January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE

AR 0420.4(f)

B.

Oversight and supervisory assistance of the charter school shall be limited to that required or authorized by law. However, additional services may be provided as described in the MOU and/or a separate operating agreement.

C.

As a condition of approval for an appeal or county-operated charter, the County Board may enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the County Board of Education on the operations of the charter school. The County Board may prescribe the aspects of the charter school's operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the County Board of Education. The County Board of Education as the chartering authority may charge a fee to the charter school for supervisory oversight, not to exceed the maximum amount permitted by law.

D.

Charter schools which are contemplating incurring debt, including loans from the State Treasury, must obtain County Board approval prior to applying for such loans as stated in E.C. section 47600 et seq., and 5 CCR section 11967. Financial records and repayment plans shall be submitted for review. Approval shall be determined by the County Board after receipt of such documentation. A security bond for the approved debt or loan shall be required in an amount determined by the County Superintendent.

E.

Charter schools shall be held accountable for fulfilling the terms of their charters. This includes meeting measurable student outcomes set forth in their charter school petitions. The charter school shall meet all statewide standards required by law and shall conduct all student assessments required by law or applicable to students in non-charter public schools.

F.

The County Board of Education or its designee may inspect or observe any part of the charter school at any time. The charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its financial records. The charter school shall maintain written contemporaneous records that document all student attendance and shall make these records available for audit and inspection.

G.

Not less than annually, the County Board or designee shall review the audit report of the charter school and shall ensure the charter school has satisfactorily addressed and corrected any and all audit exceptions and deficiencies.

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January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE

AR 0420.4(g)

H.

The County Board or designee shall inspect, not less often than annually, documents on file at the charter school which shall verify that all teachers at the school hold a certificate, permit or other documents as required by County Board of Education policies and the Education Code.

I.

Not less than annually, the County Board or designee shall monitor the operation of the charter school. The County Board or designee may at any time, based upon written complaints by parents or other information that justifies the investigation, conduct an investigation of the operation of the charter school.

J.

The process of monitoring and supervision shall be guided by the Education Code including the criteria for charter revocation. A charter may be revoked by the authority that granted the charter under this chapter if the authority finds that the charter school did any of the following: 1. 2. 3. 4.

K.

Committed a material violation of any of the conditions, standards, or procedures set forth in the charter petition. Failed to meet or pursue any of the student outcomes identified in the charter petition. Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. Violated any provision of law.

Upon written findings by the County Board that the charter school committed any of the violations at paragraph 47607(b) (1) through (4) of the Education Code inclusive, the County Board shall notify the charter school accordingly, providing notice that the County Board may revoke the charter, and give the school reasonable opportunity to cure the violation (unless the County Board determines that the violation constitutes a severe and imminent threat to the health or safety of students). After a reasonable period, if satisfactory evidence is not presented to the County Board that the violation has been cured, the County Board may revoke the charter effective on such date as the County Board determines appropriate. Upon evidence satisfactory to the County Board that the violation has been cured, the County Board shall rescind the notice of intent to revoke.

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January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART ONE

V.

AR 0420.4(h)

L.

The charter school shall hold harmless and indemnify the County Board of Education and its officers, and the County Superintendent of Schools and his/her officers and employees from any claim or demand of whatever nature, including those based upon the negligence of the County Board of Education and its officers, and the County Superintendent of Schools and his/her officers and employees brought by any person, institution, or organization.

M.

The charter school, at its own expense and risk, shall defend any legal proceedings that may be brought against the County Board of Education and its officers, and the County Superintendent of Schools and his/her officers and employees, by any person, including any institution or organization, on any claim or demand of whatever nature arising out of the County Board of Education granting a charter, and shall satisfy any judgment that may be rendered against any of them. The County Board of Education and the County Superintendent of Schools shall notify the charter school of the receipt of any such claims or demands.

N.

The County Board shall charge, and the charter school shall pay, for the actual costs of monitoring and supervision not to exceed 1% of the revenue of the charter school except as otherwise provided by law.

Charter Renewal or Material Modification of an Approved Charter A.

Applications to renew or materially modify the charter shall include all the same information, be processed in the same way, be subject to approval or denial on the same basis as proposals for new charter schools. Any renewal approval shall be for a period of five years from the expiration date of the charter. A material modification when approved shall not affect the expiration date of the charter as originally approved.

B.

Applications to renew the charter shall be submitted no later than six months prior to the date of charter expiration.

C.

If a charter school proposes to establish operations at additional sites within the geographic boundaries of Alameda County, the charter school shall request a material revision of its charter by the County Board of Education as the chartering authority and shall notify the school districts where those sites shall be located. The County Board shall consider whether to approve additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites shall be located. If granted, the location of the approved sites shall be a material revision of the charter school's approved charter.

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January 2008


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART TWO

I.

AR 0420.4( )

Guidelines for Establishing a Countywide Charter School A.

A charter petition may be submitted directly to the County Board of Education for the operation of a countywide charter school if the students to be served are students that would normally be provided direct education and related services by the Alameda County Office of Education. An existing public school may not be converted to a countywide charter school.

B.

A charter petition may also be submitted to the County Board for the operation of a charter school that provides instructional services that are not generally provided by the Alameda County Office of Education if the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county.

C.

District Notification A charter school that proposes to operate at multiple sites within Alameda County shall identify the location of each facility in the charter school petition and shall give at least 30 days notice of the applicant's intent to operate a school to each of the school districts where the applicant proposes to operate a facility.

D.

Justification for Countywide Petition Countywide petitions must be accompanied by an abstract justifying the establishment of a countywide petition. The charter school must provide reasonable justification for why it could not be established by petition to a school district pursuant to E.C. section 47605.

E.

Multiple Sites Countywide petitions must list at least 2 proposed locations in 2 different districts. The proposed budgets must contain adequate resources to operate more than one site.

January 18, 2005


Alameda County Office of Education Philosophy-Goals-Objectives and Comprehensive Plans CHARTER SCHOOLS PART TWO

AR 0420.4( )

F. Review, Public Hearing and Decision The steps to establish a countywide charter petition shall follow the same steps and processes that are used in establishing a county operated charter school and charter school on appeal except for the timelines as described below. 

Within 60 days after receiving the complete countywide charter school petition, the County Board of Education shall hold a public hearing on the provisions of the charter petition, at which time the County Board shall consider the level of support for the petition by teachers, parents/ guardians, and the school district(s) where the charter school applicant proposes to place school facilities. This date may be extended if both parties agree to the extension.



Within 90 days of receipt of the complete countywide charter school petition, or longer, based upon agreement between the applicant and the County Board, the County Board of Education shall either approve or deny the petition at a duly noticed public meeting. The County Superintendent or designee shall communicate in writing the decision of the County Board to the charter school petitioner. The County Board may only approve a countywide charter if it finds, in addition to the other requirements of E.C. section 47605.6, that the educational services to be provided by the charter school shall offer services to a student population that shall benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county.

G.

County Board Approval/Denial If the County Board approves the charter petition, the initial term of the charter may be granted for up to five years and may be limited to one year. If the County Board denies the charter petition, the communication shall include factual findings, specific to the information and materials which were submitted, setting forth specific facts under E.C. sections 47605.

January 18, 2005


CHARTER SCHOOLS ACT Education Code Section 47600 Title of Act .........................................................................................................................................6 Section 47601 Legislative Intent................................................................................................................................6 Section 47602 Limit on number of schools .................................................................................................................6 Section 47603 Private assistance allowed...................................................................................................................6 Section 47604 Operating as or by a non-profit corporation..........................................................................................6 Section 47604.3 Response to reasonable inquiries.........................................................................................................6 Section 47604.32 Oversight duties of chartering authority ...............................................................................................7 Section 47604.33 Periodic financial reports .....................................................................................................................7 Section 47604.4 County Superintendent may investigate ...............................................................................................7 Section 47604.5 Revocation by State Board of Education...............................................................................................7 Section 47605 Petition: required elements .................................................................................................................7 Section 47605.1 Geographical limits on charters granted after July 1, 2002 ..................................................................10 Section 47605.2 Delta Charter High School .................................................................................................................11 Section 47605.3 Admissions preference for certain elementary schools.........................................................................11 Section 47605.5 County Charters ...............................................................................................................................11 Section 47605.6 County Board-approved petitions.......................................................................................................12 Section 47605.7 No denial of petition for special education costs .................................................................................14 Section 47605.8 State-approved petition ....................................................................................................................14 Section 47606 Charter Districts ...............................................................................................................................14 Section 47607 Charter term; renewal.......................................................................................................................15 Section 47607.5 Nonrenewal appeals .........................................................................................................................16 Section 47608 Compliance with Brown Act ...............................................................................................................16 Section 47610 Megawaiver; exceptions....................................................................................................................16 Section 47610.5 Building code exemptions..................................................................................................................16 Section 47611 STRS available..................................................................................................................................16 Section 47611.3 STRS and PERS reports.....................................................................................................................16 Section 47611.5 Exclusive public employer .................................................................................................................17 Section 47612 Charter school under control of public school officers..........................................................................17 Section 47612.1 Exemption from satisfactory progress requirement .............................................................................17 Section 47612.5 Apportionment conditions .................................................................................................................17 Section 47612.6 State Board instructional minutes waiver............................................................................................18 Section 47612.7 Special funding for joint powers agreement........................................................................................19 Section 47613 Supervisorial oversight fees...............................................................................................................19 Section 47613.1 Apportionments for converted districts...............................................................................................20 Section 47614 Prop 39: Public school facilities..........................................................................................................20 Section 47614.5 Charter School Facility Grant Program................................................................................................20 Section 47615 Legislative Findings...........................................................................................................................21 Section 47620 Elementary school at UCLA ...............................................................................................................21 Section 47621 School district may charter................................................................................................................21 Section 47622 State board may charter ...................................................................................................................21 Section 47624 UC liability........................................................................................................................................21 Section 47625 UCLA charter operative .....................................................................................................................21 Section 47626 UC as public employer ......................................................................................................................22 FUNDING MODEL Section 47630 Operational funding equal to similar district........................................................................................22 Section 47630.5 Operational funding ..........................................................................................................................22 Section 47631 County-sponsored charter schools .....................................................................................................22 Section 47632 Funding model definitions .................................................................................................................22 Section 47632.5 Cap on funding for conversion charter schools ...................................................................................23 Section 47633 General purpose entitlement .............................................................................................................23 Section 47634.1 Revised block grants for 2005-2008 ...................................................................................................23 Section 47634.2 SB740: Funding for non-classroom-based instruction ..........................................................................24 Section 47634.3 Statewide average ADA.....................................................................................................................25 Section 47634.4 Right to apply for program funding outside block grant.......................................................................25 Section 47635 Amounts in lieu of property taxes ......................................................................................................26 Section 47636 Application for funding sources not in block grant or apportionments...................................................27 Section 47638 Charter school is a school district for lottery funds ..............................................................................27 SPECIAL EDUCATION Section 47640 “LEA” for special education purposes .................................................................................................27 Section 47641 Charter school deemed a local educational agency .............................................................................28 Section 47642 Charter student funding included in allocation plans ...........................................................................28

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Section 47643 Change in SELPA allocation plan for charter school ............................................................................ 28 Section 47644 Apportionment for special education ................................................................................................. 28 Section 47645 Request to participate in SELPA ........................................................................................................ 28 Section 47646 Funding and services at charter school.............................................................................................. 28 Section 47647 No denials solely because school may enroll from other SELPA ........................................................... 29 APPORTIONMENT OF FUNDS Section 47650 Charter school deemed a school district ............................................................................................ 29 Section 47651 Receipt of state aid .......................................................................................................................... 29 Section 47652 Advance apportionment for first year of operation ............................................................................. 29 COMPUTATIONS AFFECTING SPONSORING LOCAL EDUCATIONAL AGENCIES Section 47660 Enrollment and average daily attendance; general-purpose entitlement determination.......................... 30 Section 47662 Property tax revenues; reduction....................................................................................................... 30 Section 47663 Pupil eligible to attend school district other than basic aid school district; apportionment of revenue; eligibility for pro rata share of funding ....................................................... 31 Section 47664 Election to use funding method provided for by this chapter................................................................ 31 REVOLVING LOAN FUND Section 41365 Creation .......................................................................................................................................... 31 Section 41366.5 Interest rate and payments .............................................................................................................. 32 Section 41366.7 Adjustment of interest rate............................................................................................................... 32 Section 41367 Security fund ................................................................................................................................... 32 SCHOOL DISTRICT FUNDS—EXPENDITURES & APPROPRIATIONS Section 42605 Funds provided I annual Budget Act; use for any educational purpose; charter schools; requirements ... 32 Section 42606 Local educational agencies; application for categorical program funding included in annual Budget Act.. 34 INDEPENDENT STUDY LAW & REGULATIONS Education Code Section 51747.3 No apportionment when “things of value” provided............................................................................ 34 California Code of Regulations Title 5 Section 11700 Definitions ....................................................................................................................................... 34 Section 11700.1 Additional definitions for charter schools ........................................................................................... 35 Section 11701 Governing board responsibilities ....................................................................................................... 35 Section 11701.5 Equitable access .............................................................................................................................. 35 Section 11702 Independent study agreements ........................................................................................................ 35 Section 11703 Records to be kept........................................................................................................................... 35 Section 11704 Charter school pupil-teacher ratio ..................................................................................................... 36 Section 11705 Charter school considered alternative school...................................................................................... 36 SELECTED NONPROFITS CORPORATION LAWS Corporations Code Section 5150 Bylaws ............................................................................................................................................ 36 Section 5211 Board Meetings................................................................................................................................ 36 Section 5220 Terms of office ................................................................................................................................ 37 Section 5227 No more than 49% “interested persons” ........................................................................................... 38 Section 5231 Duties and liabilities of directors ....................................................................................................... 38 Section 5233 Self-dealing ..................................................................................................................................... 38 Section 5239 Immunities of volunteer officer or director......................................................................................... 39 Section 5812 Amendment of articles of incorporation ............................................................................................. 40 Section 6320 Records of corporation ..................................................................................................................... 40 Section 6321 Annual report to member(s) ............................................................................................................. 40 Section 6322 Transactions or indemnification ........................................................................................................ 41 GOVERNMENT CODE Section 6528 Risk Pooling Section 6528 Risk pooling joint powers authority ................................................................................................... 41 NONPROFIT PUBLIC INTEGRITY ACT Compensation of Officers Section 12586(g) Compensation of Officers ................................................................................................................. 41 OTHER APPLICABLE EDUCATION CODE PROVISIONS Charter Schools Facilities Section 17078.52 Charter Schools Facilities Program; establishment; Charter Schools Facilities Accounts; definitions; transfer of funds ............................................................................................................ 42 Section 17078.53 Initial preliminary applications; deadline; subsequent application periods; submission of preliminary applications; contents; consideration; approval; pupil attendance ................................. 42 Section 17078.54 New construction or rehabilitation funding; maximum amount of funding under this article; requirements; local share matching obligations; administrative costs .................................................. 43 Section 17078.56 Approval of projects; criteria; preference .......................................................................................... 43

4

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Section Section Section Section Section

17078.57 17078.58 17078.62 17078.63 17078.64

Adoption of regulations ....................................................................................................................44 Maximum amount of funding; collection of local share equivalent in the form of lease payments ..........44 Continued use of facility; effect of ceasing to utilize facility for charter school purposes........................44 Submission requirements; applicants of specified section; request to transfer title to project facilities ...45 Election to use general funding provisions of this chapter rather than this article; adoption of regulations to implement this article; application of article ................................................46 Section 17078.66 Joint report by State Allocation Board and California School Finance Authority .....................................46 Financial Reporting Section 42100 Annual Financial Statement ...............................................................................................................46 Fingerprinting and Criminal Background Statutes Section 44830.1 Certificated positions ........................................................................................................................46 Section 45122.1 No person convicted of a violent or serious felony shall be employed...................................................48 Section 45125.1 Criminal background check required for contractors who may have contact with pupils.........................48 OTHER CHARTER SCHOOL REGULATIONS – TITLE 5 Section 11960 Average daily attendance ..................................................................................................................49 Section 11962 Definition of Procedures for School Closure ........................................................................................50 Section 11962.1 Definitions Related to the Duties of a Chartering Authority ..................................................................50 Section 11963 SB740: Definition of classroom-based instruction................................................................................51 Section 11963.1 Nonclassroom-based instruction in charter schools .............................................................................51 Section 11963.2 SB740: Average daily attendance for nonclassroom-based instruction in charter schools .......................51 Section 11963.3 SB740: Determination of funding request forms and calculations.........................................................51 Section 11963.4 SB740: Evaluation of funding for nonclassroom-based instruction........................................................53 Section 11963.5 SB740: Determination of funding requests for virtual or on-line schools ...............................................55 Section 11963.6 Multiyear funding determinations for nonclassroom-based instruction ..................................................55 Section 11963.7 Termination of a determination of funding regarding nonclassroom-based instruction...........................56 Section 11965 Definitions........................................................................................................................................56 Section 11966 Certification......................................................................................................................................56 Section 11967 Appeals of charter petitions that have been denied.............................................................................56 Section 11967.5 State board approval of charter school petition...................................................................................57 Section 11967.5.1 State Board approval criteria .............................................................................................................57 Section 11967.6 Statewide benefit charter school petitions ..........................................................................................61 Section 11967.7 Evaluation of facilities for statewide benefit charter schools.................................................................62 Section 11967.8 Funding for Statewide Benefit Charter Schools ...................................................................................62 Section 11968 Charter school numbering .................................................................................................................62 Section 11969 Numbering of Charter School Petitions ...............................................................................................63 Implementation of Proposition 39 Section 11969.1 Prop. 39 Purpose and Stipulation .......................................................................................................63 Section 11969.2 Definitions........................................................................................................................................63 Section 11969.3 Conditions reasonably equivalent.......................................................................................................64 Section 11969.4 Operations and maintenance.............................................................................................................65 Section 11969.5 Availability .......................................................................................................................................66 Section 11969.6 Location...........................................................................................................................................66 Section 11969.7 Charges for facilities costs.................................................................................................................66 Section 11969.8 Reimbursement rates for over-allocated space ...................................................................................66 Section 11969.9 Procedures and timelines for the request for, reimbursement for, and provisions of, facilities .................67 REFERENCE LIST OF OTHER PERTINENT LAWS 69 INDEX 70

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Section 47600 Title of Act Section 47601 Legislative Intent Pupil learning Increased opportunities Innovative teaching methods New professional opportunities Expanded choices Accountability Competition and improvements

Section 47602 Limit on number of schools

Report on effectiveness

No conversion of private schools; no funds for private school pupils; regulations

CHARTER SCHOOLS ACT, as amended Education Code Sections 47600 et seq. This part shall be known, and may be cited, as the "Charter Schools Act of 1992." It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following: (a) Improve pupil learning. (b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving. (c) Encourage the use of different and innovative teaching methods. (d) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the schoolsite. (e) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system. (f) Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule-based to performance-based accountability systems. (g) Provide vigorous competition within the public school system to stimulate continual improvements in all public schools. (a) (1) In the 1998-99 school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the 1999-2000 school year, and in each successive school year thereafter, an additional 100 charter schools are authorized to operate in this state each successive school year. For the purposes of implementing this section, the State Board of Education shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section 47605 or Section 47605.8 and to each charter notice it receives pursuant to this part, based on the chronological order in which the notice is received. Each number assigned by the state board on or after January 1, 2003, shall correspond to a single petition that identifies a charter school that will operate within the geographic and site limitations of this part. The State Board of Education shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the existing limit on the number of charter schools that can be approved each year. For purposes of this section, sites that share educational programs and serve similar pupil populations may not be counted as separate schools. Sites that do not share a common educational program shall be considered separate schools for purposes of this section. The limits contained in this paragraph may not be waived by the State Board of Education pursuant to Section 33050 or any other provision of law. (2) By July 1, 2003, the Legislative Analyst shall, pursuant to the criteria in Section 47616.5, report to the Legislature on the effectiveness of the charter school approach authorized under this part and recommend whether to expand or reduce the annual rate of growth of charter schools authorized pursuant to this section. (b) No charter shall be granted under this part that authorizes the conversion of any private school to a charter school. No charter school shall receive any public funds for a pupil if the pupil also attends a private school that charges the pupil's family for tuition. The State Board of Education shall adopt regulations to implement this section.

Section 47603 Private assistance allowed

This part shall not be construed to prohibit any private person or organization from providing funding or other assistance to the establishment or operation of a charter school.

Section 47604 Operating as or by a nonprofit corporation

(a) Charter schools may elect to operate as, or be operated by, a nonprofit public benefit corporation, formed and organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1) of the Corporations Code). (b) The governing board of a school district that grants a charter for the establishment of a charter school formed and organized pursuant to this section shall be entitled to a single representative on the board of directors of the nonprofit public benefit corporation. (c) An authority that grants a charter to a charter school to be operated by, or as, a nonprofit public benefit corporation is not liable for the debts or obligations of the charter school, or for claims arising from the performance of acts, errors, or omissions by the charter school, if the authority has complied with all oversight responsibilities required by law, including, but not limited to, those required by Section 47604.32 and subdivision (m) of Section 47605.

Representative on board

No liability of charter-granting entity

Section 47604.3 Response to reasonable inquiries

6

A charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its financial records, from its chartering authority, the county office of education that has jurisdiction over the school's chartering authority, or from the Superintendent of Public

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Instruction and shall consult with the chartering authority, the county office of education, or the Superintendent of Public Instruction regarding any inquiries.

Section 47604.3 Response to reasonable inquiries (cont’d)

Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority: (a) Identify at least one staff member as a contact person for the charter school. (b) Visit each charter school at least annually. (c) Ensure that each charter school under its authority complies with all reports required of charter schools by law. (d) Monitor the fiscal condition of each charter school under its authority. (e) Provide timely notification to the department if any of the following circumstances occur or will occur with regard to a charter school for which it is the chartering authority: (1) A renewal of the charter is granted or denied. (2) The charter is revoked. (3) The charter school will cease operation for any reason. (f) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.

Section 47604.32 Oversight duties of chartering authority

(a) Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority: (1) On or before July 1, a preliminary budget. For a charter school in its first year of operation, the information submitted pursuant to subdivision (g) of Section 47605 satisfies this requirement. (2) On or before December 15, an interim financial report. This report shall reflect changes through October 31. (3) On or before March 15, a second interim financial report. This report shall reflect changes through January 31. (4) On or before September 15, a final unaudited report for the full prior year. (b) The chartering authority shall use any financial information it obtains from the charter school, including, but not limited to, the reports required by this section, to assess the fiscal condition of the charter school pursuant to subdivision (d) of Section 47604.32. (c) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.

Section 47604.33 Periodic financial reports

(a) In addition to the authority granted by Sections 1241.5 and 47604.3, a county superintendent of schools may, based upon written complaints by parents or other information that justifies the investigation, monitor the operations of a charter school located within that county and conduct an investigation into the operations of that charter school. If a county superintendent of schools monitors or investigates a charter school pursuant to this section, the county office of education shall not incur any liability beyond the cost of the investigation. (b) A charter school shall notify the county superintendent of schools of the county in which it is located of the location of the charter school, including the location of each site, if applicable, prior to commencing operations.

Section 47604.4 County Superintendent may investigate

The State Board of Education, whether or not it is the authority that granted the charter, may, based upon the recommendation of the Superintendent of Public Instruction, take appropriate action, including, but not limited to, revocation of the school's charter, when the State Board of Education finds any of the following: (a) Gross financial mismanagement that jeopardizes the financial stability of the charter school. (b) Illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school. (c) Substantial and sustained departure from measurably successful practices such that continued departure would jeopardize the educational development of the school's pupils.

Section 47604.5 Revocation by State Board of Education

(a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district, as long as each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions are met: (A) The petition has been signed by a number of parents or guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation.

Section 47605 Petition: required elements

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Notice to sites to County Superintendent

Financial mismanagement Illegal use of funds Departure from successful practices

Signature of parents

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Section 47605 Petition: required elements (cont’d) Signature of teachers Conversion of existing public school

Signature indicates meaningful interest

Additional sites are material modification

Sites outside school district boundaries

Grade levels not served by school district Public hearing; timelines

Written factual findings for denial

Unsound educational program Unlikely to implement program Signatures required No affirmation of conditions Reasonably comprehensive elements Description of educational program

High schools; transferability of courses

Measurable pupil outcomes Method to measure pupil outcomes Governance structure

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(B) The petition has been signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation. (2) A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (b) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition has been signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted. (3) A petition shall include a prominent statement that a signature on the petition means that the parent or guardian is meaningfully interested in having his or her child, or ward, attend the charter school, or in the case of a teacher's signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (4) After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, they shall be a material revision to the charter school's charter. (5) A charter school that is unable to locate within the jurisdiction of the chartering school district may establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exist (A) The school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the school chooses to locate. (B) The site is needed for temporary use during a construction or expansion project. (6) Commencing January 1, 2003, a petition to establish a charter school may not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district. (b) No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the district, other employees of the district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. A school district governing board shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings: (1) The charter school presents an unsound educational program for the pupils 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 by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (d). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) A description of the educational program of the school, designed, among other things, to identify those whom the school is attempting to educate, what it means to be an "educated person" in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) If the proposed school will serve high school pupils, a description of the manner in which 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. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A” to “G” admissions criteria may be considered to meet college entrance requirements. (B) The measurable pupil outcomes identified for use by the charter school. "Pupil outcomes," for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the school's educational program. (C) The method by which pupil progress in meeting those pupil outcomes is to be measured. (D) The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement.

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(E) The qualifications to be met by individuals to be employed by the school. (F) The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237. (G) The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. (H) Admission requirements, if applicable. (I) The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority. (J) The procedures by which pupils can be suspended or expelled. (K) The manner by which staff members of the charter schools will be covered by the State Teachers' Retirement System, the Public Employees' Retirement System, or federal social security. (L) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools. (M) 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. (N) The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter. (O) A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (P) A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (c) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall, on a regular basis, consult with their parents, guardians, and teachers regarding the school's educational programs. (d) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school. (2) (A) A charter school shall admit all pupils who wish to attend the school. (B) However, if the number of pupils who wish to attend the charter school exceeds the school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law. (C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand. (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil's last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. (e) The governing board of a school district shall not require any employee of the school district to be employed in a charter school. (f) The governing board of a school district shall not require any pupil enrolled in the school district to attend a charter school. (g) The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the school, including, but not limited to, the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided, and potential civil liability effects, if any, upon the school and upon the school district. The description of the facilities to be used by the charter school shall specify where the school intends to locate. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. (h) In reviewing petitions for the establishment of charter schools within the school district, the school district governing board shall give preference to petitions that demonstrate the capability to provide

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Section 47605 Petition: required elements (cont’d) Qualifications of employees Health and safety procedures Racial and ethnic balance Admission requirements Annual financial audits

STRS, PERS or Social Security Attendance alternatives Return rights of employees Dispute resolution Exclusive public employer

School closure procedures Statewide standards for pupil assessment Consultation with parents and teachers Nonsectarian, no tuition, no discrimination

Admit all pupils Public random drawing allowed; preferences

Efforts to accommodate growth Notice of student expulsions

No charter school employment required No charter school enrollment required Information on civil liability; facilities; proposed budget

Preference to school for low achieving pupils

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Section 47605 Petition: required elements (cont’d) Notice of approval to County and State District’s denial of petition; submission to county board of education, State Board of Education

State Board is chartering agency

Funding if county, state sponsored Judicial review if no action

State Board’s designation of oversight agency

Renewal following grant on appeal

Certification of charter school teachers; noncore courses

Annual financial audit distribution

Section 47605.1 Geographical limits on charters granted after July 1, 2002

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comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read prior to July 19, 2006. (i) Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the State Board of Education. (j)(1) If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate. (2) In assuming its role as a chartering agency, the state board on shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b) and shall define "reasonably comprehensive" as used in paragraph (5) of subdivision (b) in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001. (3) A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part. (4) If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district, to deny a petition shall, thereafter, be subject to judicial review. (5) The state board shall adopt regulations implementing this subdivision. (6) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition to the department and the state board. (k) (1) The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition. (2) The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board. (3) A charter school that has been granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, prior to expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the school's petition for renewal, the school may petition the state board for renewal of its charter. (l) Teachers in charter schools shall 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. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses. (m) A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020. (a) (1) Notwithstanding any other provision of law, a charter school that is granted a charter from the governing board of a school district or county office of education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, shall locate in accordance with the geographic and site limitations of this part. (2) Notwithstanding any other provision of law, a charter school that is granted a charter by the State Board of Education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, based on the denial of a petition by the governing board of a school district or county board of education, as described in paragraphs (1) and (2) of subdivision (j) of Section 47605, may locate only within the geographic boundaries of the chartering entity that initially denied the petition for the charter.

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(3) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the State Board of Education prior to July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of the part, in accordance with subdivision (e). (b) Nothing in this section is intended to affect the admission requirements contained in subdivision (d) of Section 47605. (c) Notwithstanding any other provision, a charter school may establish a resource center, meeting space, or other satellite facility located in a county adjacent to that in which the charter school is authorized if the following conditions are met: (1) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom -based independent study of the charter school. (2) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the school is authorized. (d) Notwithstanding subdivision (a) or subdivision (a) of Section 47605, a charter school that is unable to locate within the geographic boundaries of the chartering school district may establish one site outside the boundaries of the school district, but within the county within which that school district is located, if the school district where the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools is notified of the location of the charter school before it commences operations, and either of the following circumstances exist: (1) The school has attempted to locate a single site or facility to house the entire program but such a facility or site is unavailable in the area in which the school chooses to locate. (2) The site is needed for temporary use during a construction or expansion project. (e) (1) For a charter school that was granted approval of its charter prior to July 1, 2002, and provided educational services to pupils before July 1, 2002, this section shall only apply to any new educational services or schoolsites established or acquired by the charter school on or after July 1, 2002. (2) For a charter school that was granted approval of its charter prior to July 1, 2002, but did not provide educational services to pupils before July 1, 2002, this section shall only apply upon the expiration of a charter that is in existence on January 1, 2003. (3) Notwithstanding other implementation timelines in this section, by June 30, 2005, or upon the expiration of a charter that is in existence on January 1, 2003, whichever is later, all charter schools shall be required to comply with this section for schoolsites at which education services are provided to pupils prior to or after July 1, 2002, regardless of whether the charter school initially received approval of its charter school petition prior to July 1, 2002. To achieve compliance with this section, a charter school shall be required to receive approval of a charter petition in accordance with this section and Section 47605. (4) Nothing in this section is intended to affect the authority of a governmental entity to revoke a charter that is granted on or before the effective date of this section. (f) A charter school that submits its petition directly to a county board of education, as authorized by Sections 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of education has jurisdiction. (g) Notwithstanding any other provision of law, the jurisdictional limitations set forth in this section do not apply to a charter school that provides instruction exclusively in partnership with any of the following: (1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.). (2) Federally affiliated Youth Build programs. (3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (4) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Sections 14507.5 or 14406 of the Public Resources Code. (5) Instruction provided to juvenile court school pupils pursuant to subdivision (c) of Section 42238.18 or pursuant to Section 1981 for individuals who are placed in a residential facility.

Section 47605.1 Geographical limits on charters granted after July 1, 2002 (cont’d)

The Delta Charter High School, located in the County of Santa Cruz, is exempt from the geographic and site limitations contained in subdivision (a) of Section 47605.

Section 47605.2 Delta Charter High School

Notwithstanding subdivision (d) of Section 47605, a charter school with a schoolsite physically located in the attendance area of a public elementary school in which 50 percent or more of the pupil enrollment is eligible for free or reduced price meals may give a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter schoolsite is located. This section is not intended to affect the requirement contained in subdivision (d) of Section 47605 that a public school converting partially or entirely to a charter school adopt and maintain a policy that gives an admission preference to pupils who reside within the former attendance area of that public school.

Section 47605.3 Admissions preference for certain elementary schools

A petition may be submitted directly to a county board of education in the same manner as set forth in Section 47605 for charter schools that will serve pupils for whom the county office of education would otherwise be responsible for providing direct education and related services. Any denial of a petition shall be subject to the same process for any other county board of education denial of a charter school petition pursuant to this part.

Section 47605.5 County Charters

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Resource Centers

One site outside district

Limits for county-authorized charters Exempt charters

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Section 47605.6 County Board-approved petitions

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(a) (1) In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may only approve a countywide charter if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions are met: (A) The petition has been signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days notice of the petitioner's intent to operate a school pursuant to this section. (B) The petition has been signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days notice of the petitioner's intent to operate a school pursuant to this section. (2) An existing public school may not be converted to a charter school in accordance with this section. (3) After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the school's approved charter. (4) A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teacher's signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. Following review of the petition and the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a school under this part only if the board is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if the board finds, one or more of the following: (1) The charter school presents an unsound educational program for the pupils 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 by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (d). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) A description of the educational program of the school, designed, among other things, to identify those pupils whom the school is attempting to educate, what it means to be an "educated person" in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) If the proposed charter school will enroll high school pupils, a description of the manner in which the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools. (iii) If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause. (B) The measurable pupil outcomes identified for use by the charter school. "Pupil outcomes," for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the school's educational program.

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(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. (D) The location of each charter school facility that the petitioner proposes to operate. (E) The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement. (F) The qualifications to be met by individuals to be employed by the school. (G) The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237. (H) The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. (I) The manner in which annual, independent, financial audits shall be conducted, in accordance with regulations established by the State Board of Education, and the manner in which audit exceptions and deficiencies shall be resolved. (J) The procedures by which pupils can be suspended or expelled. (K) The manner by which staff members of the charter schools will be covered by the State Teachers' Retirement System, the Public Employees' Retirement System, or federal social security. (L) The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter. (M) A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code). (N) Admission requirements, of the charter school, if applicable. (O) The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school. (P) A description of the rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and a description of any rights of return to the county office of education that an employee may have upon leaving the employ of the charter school. (Q) A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of public records. (6) Any other basis that the board finds justifies the denial of the petition. (c) A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter school's operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education. (d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall on a regular basis consult with their parents and teachers regarding the school's educational programs. (e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or guardian, within this state. (2) (A) A charter school shall admit all pupils who wish to attend the school. (B) However, if the number of pupils who wish to attend the charter school exceeds the school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law. (C) In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and, in no event, shall take any action to impede the charter school from expanding enrollment to meet pupil demand. (f) No county board of education shall require any employee of the county or a school district to be employed in a charter school. (g) No county board of education shall require any pupil enrolled in a county program to attend a charter school. (h) The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the school, including, but not limited to, the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided, and potential civil liability effects, if any, upon the school, any school district where the charter school may operate and upon the county board of education. The petitioner or petitioners shall also be

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Section 47605.6 County Board-approved petitions (cont’d)

May deny on any basis May change for oversight

13


Section 47605.6 County Board-approved petitions (cont’d)

No appeal to State Board

Section 47605.7 No denial of petition for special education costs

Section 47605.8 State-approved petition

Statewide benefit

Oversight agreement

Approval discretionary

Section 47606 Charter Districts

14

required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. (i) In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low-achieving pursuant to the standards established by the State Department of Education under Section 54032. (j) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent of Public Instruction and to the State Board of Education. (k) If a county board of education denies a petition, the petitioner may not elect to submit the petition for the establishment of the charter school to the State Board of Education. (l) Teachers in charter schools shall be 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. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. (m) A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the County Office of Education, State Controller and the State Department of Education by December 15 of each year. This subdivision shall not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020. (a) A petition for the establishment of a charter school shall not be denied based on the actual or potential costs of serving individuals with exceptional needs, as that term is defined pursuant to Section 56026. (b) Notwithstanding subdivision (a), this section shall not be construed to prevent a school district from meeting its obligation to ensure that the proposed charter school will meet the needs of individuals with exceptional needs in accordance with state and federal law, nor shall it be construed to limit or alter the reasons for denying a petition for the establishment of a charter school pursuant to subdivision (b) of Section 47605. (a) A petition for the operation of a state charter school may be submitted directly to the State Board, and the State Board shall have the authority to approve a charter for the operation of a state charter school that may operate at multiple sites throughout the state. The State Board of Education shall adopt regulations, pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) for the implementation of this section. Regulations adopted pursuant to this section shall ensure that a charter school approved pursuant to this section meets all requirements otherwise imposed on charter schools pursuant to this part, except that a State charter school approved pursuant to this section shall not be subject to the geographic and site limitations otherwise imposed on charter schools. The petitioner shall submit a copy of the petition, for notification purposes, to the county superintendent of schools of each county in which the petitioner proposes to operate the state charter school. The petitioner also shall ensure that the governing board of each school district in which a site is proposed to be located is notified no later than 120 days prior to the commencement of instruction at each site, as applicable. (b) The State Board shall not approve a petition for the operation of a state charter school pursuant to this section unless the State Board makes a finding, based on substantial evidence, that the proposed state charter school will provide instructional services of statewide benefit that cannot be provided by a charter school operating in only one school district, or only in one county. The finding of the state board in this regard shall be made part of the public record of the proceedings of the State Board and shall precede the approval of the charter. (c) The State Board, as a condition of charter petition approval, may enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report on, the operations of the state charter school. The State Board may prescribe the aspects of the operations of the state charter school to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the state charter school to the state board. (d) The State Board shall not be required to approve a petition for the operation of a state charter school, and may deny approval based on any of the reasons set forth in subdivision (b) of Section 47605.6. (a) A school district may convert all of its schools to charter schools under this part only if it meets all of the following conditions: (1) Fifty percent of the teachers within the school district sign the charter petition. (2) The charter petition contains all of the requirements set forth in subdivisions (b), (c), (d), (e), and (f) of Section 47605 and a provision that specifies alternative public school attendance arrangements for pupils residing within the school district who choose not to attend charter schools. (1) Fifty percent of the teachers within the school district sign the charter petition. (2) The charter petition contains all of the requirements set forth in subdivisions (b), (c), (d), (e), and (f) of Section 47605 and a provision that specifies alternative public school attendance arrangements for pupils residing within the school district who choose not to attend charter schools. (b) Notwithstanding subdivision (b) of Section 47605, the districtwide charter petition shall be approved only by joint action of the Superintendent of Public Instruction and the State Board of Education.

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(a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education or the State Board, may be granted one or more subsequent renewals by that entity. Each renewal shall be for a period of five years. A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time. (2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be 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. (b) Commencing on January 1, 2005, or after a charter school has been in operation for four years, whichever date occurs later, a charter school shall meet at least one of the following criteria prior to receiving a charter renewal pursuant to paragraph (1) of subdivision (a): (1) 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. (2) Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years. (3) 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. (4) (A) The entity 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 upon 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 Program established by Article 4 (commencing with Section 60640) for demographically similar pupil populations in the comparison schools. (iii) Information submitted by the charter school. (C) A chartering authority shall submit to the Superintendent copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The Superintendent 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 Section 47604.5. (D) A charter renewal may not be granted to a charter school prior to 30 days after that charter school submits materials pursuant to this paragraph. (5) Has qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052. (c) A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following: (1) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. (2) Failed to meet or pursue any of the pupil outcomes identified in the charter. (3) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. (4) Violated any provision of law. (d) Prior to revocation, the authority that granted the charter shall notify the charter public school of any violation of this section and give the school a reasonable opportunity to remedy the violation, unless the authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. (e) Prior to revoking a charter for failure to remedy a violation pursuant to subdivision (d), and after expiration of the school's reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings. (f) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority. (2) The county board may reverse the revocation decision if the county board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The school district may appeal the reversal to the state board. (3) If the county board does not issue a decision on the appeal within 90 days of receipt, or the county board upholds the revocation, the charter school may appeal the revocation to the state board. (4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (e) are supported by substantial evidence.

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Section 47607 Charter term; renewal

Material revisions (AB 1137) Renewal minimum standards

Revocation Material violations Failure to meet GAAP

Violation of law Notice; opportunity to cure

Due process in revocations

Appeal of revocations

15


Section 47607 Charter term; renewal (cont’d) Revocation by county

Funding during appeal

Section 47607.5 Nonrenewal appeals

(g) (1) If a county office of education is the chartering authority and the county board revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority. (2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. (h) If the revocation decision of the chartering authority is reversed on appeal, the agency that granted the charter shall continue to be regarded as the chartering authority. (i) During the pendency of an appeal filed under this section, a charter school, whose revocation proceedings are based on paragraph (1) or (2) of subdivision (c), shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the school is not disrupted. (j) Immediately following the decision of a county board to reverse a decision of a school district to revoke a charter, the following shall apply: (1) The charter school shall qualify as a charter school for funding and for all other purposes of this part. (2) The charter school may continue to hold all existing grants, resources, and facilities. (3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter shall be immediately reinstated or returned. (k) A final decision of a revocation or appeal of a revocation pursuant to subdivision (c) shall be reported to the chartering authority, the county board, and the department. If either a school district governing board or a county board of education, as a chartering agency, does not grant a renewal to a charter school pursuant to Section 47607, the charter school may submit its application for renewal pursuant to the procedures pertaining to a denial of a petition for establishment of a charter school, as provided in subdivision (j) of Section 47605.

Section 47608 Compliance with Brown Act

All meetings of the governing board of the school district and the county board of education at which the granting, revocation, appeal, or renewal of a charter petition is discussed shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code).

Section 47610 Megawaiver; exceptions Exemption from school district laws

A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school districts, except all of the following: (a) As specified in Section 47611. (b) As specified in Section 41365. (c) All laws establishing minimum age for public school attendance. (d) The California Building Standards Code (Part 2 (commencing with Section 101) of Title 24 of the California Code of Regulations), as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located. (e) Charter school facilities shall comply with subdivision (d) by January 1, 2007.

Must comply with building codes Section 47610.5 Building code exemptions Field Act Federal facilities

Section 47611 STRS available

PERS available

Section 47611.3 STRS and PERS reports

16

A charter school facility is exempt from the requirements of subdivision (d) of Section 47610 if either of the following conditions apply: (a) The charter school facility complies with Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5. (b) The charter school facility is exclusively owned or controlled by an entity that is not subject to the California Building Standards Code, including, but not limited to, the federal government. (a) If a charter school chooses to make the State Teacher's Retirement Plan available, all employees of the charter school who perform creditable service shall be entitled to have that service covered under the plan's Defined Benefit Program or Cash Balance Benefit Program, and all provisions of Part 13 (commencing with Section 22000) and Part 14 (commencing with Section 26000) shall apply in the same manner as the provisions apply to other public schools in the school district that granted the charter. (b) (1) If a charter school offers its employees coverage by the State Teachers' Retirement System or the Public Employees' Retirement System, or both, the charter school shall inform all applicants for positions within that charter school of the retirement system options for employees of the charter school. (2) The information shall specifically include whether the charter school makes available to employees coverage under the State Teachers' Retirement System, the Public Employees' Retirement System, or both systems, and that accepting employment in the charter school may exclude the applicant from further coverage in the applicant's current retirement system, depending on the retirement options offered by the charter of the charter school. (a) At the request of a charter school, a school district or county office of education that is the chartering authority of a charter school shall create any reports required by the State Teachers' Retirement System and the Public Employees' Retirement System. The county superintendent of schools, employing agency, or school district that reports to those systems pursuant to Section 23004 of this code or Section 20221 of the Government Code shall submit the required reports on behalf of the charter school. The school district or county office of education may charge the charter school for the actual costs of the reporting services.

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(b) As a condition of creating and submitting reports for the State Teachers' Retirement System and the Public Employees Retirement System, the school district or county office of education shall not require a charter school to purchase payroll processing services from the chartering authority. Information submitted on behalf of the charter school to the State Teachers' Retirement System, the Public Employees' Retirement System, or both, shall be in a format conforming to the requirements of those systems.

Section 47611.3 STRS and PERS reports (cont’d)

(a) Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall apply to charter schools. (b) A charter school charter shall contain a declaration regarding whether or not the charter school shall be deemed the exclusive public school employer of the employees at the charter school for the purposes of Section 3540.1 of the Government Code. If the charter school is not so deemed a public school employer, the school district where the charter is located shall be deemed the public school employer for the purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of the Government Code. (c) If the charter of a charter school does not specify that it shall comply with those statutes and regulations governing public school employers that establish and regulate tenure or a merit or civil service system, the scope of representation for that charter school shall also include discipline and dismissal of charter school employees. (d) The Public Employment Relations Board shall take into account the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600)) when deciding cases brought before it related to charter schools. (e) The approval or a denial of a charter petition by a granting agency pursuant to subdivision (b) of Section 47605 shall not be controlled by collective bargaining agreements nor subject to review or regulation by the Public Employment Relations Board. (f) By March 31, 2000, all existing charter schools must declare whether or not they shall be deemed a public school employer in accordance with subdivision (b), and such declaration shall not be materially inconsistent with the charter.

Section 47611.5 Exclusive public employer Declaration of Public school employer

(a) A charter school shall be deemed to be under the exclusive control of the officers of the public schools for purposes of Section 8 of Article IX of the California Constitution, with regard to the appropriation of public moneys to be apportioned to any charter school, including, but not limited to, appropriations made for the purposes of this chapter. (b) The average daily attendance in a charter school may not, in any event, be generated by a pupil who is not a California resident. To remain eligible for generating charter school apportionments, a pupil over 19 years of age shall be continuously enrolled in public school and make satisfactory progress towards award of a high school diploma. The State Board of Education shall, on or before January 1, 2000, adopt regulations defining "satisfactory progress." (c) A charter school shall be deemed to be a "school district" for purposes of Article 1 (commencing with Section 14000) of Chapter 1 of Part 9, Section 41301, Section 41302.5, Article 10 (commencing with Section 41850) of Chapter 5 of Part 24, Section 47638, and Sections 8 and 8.5 of Article XVI of the California Constitution.

Section 47612 Charter school under control of public school officers

Except for the requirement that a pupil be a California resident, subdivision (b) of Section 47612 shall not apply to a charter school program that provides instruction exclusively in partnership with any of the following (a) The federal Workforce Investment Act of 1998 (Pub. L. No. 105-220; 29 U.S.C. Sec. 2801, et seq.). (b) Federally affiliated Youth Build programs. (c) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (d) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Sections 14406 or 14507.5 of the Public Resources Code.

Section 47612.1 Exemption from satisfactory progress requirement

(a) Notwithstanding any other provision of law and as a condition of apportionment, a charter school shall do all of the following: (1) For each fiscal year, offer, at a minimum, the following number of minutes of instruction: (A) To pupils in kindergarten, 36,000 minutes. (B) To pupils in grades 1 to 3, inclusive, 50,400 minutes. (C) To pupils in grades 4 to 8, inclusive, 54,000 minutes. (D) To pupils in grades 9 to 12, inclusive, 64,800 minutes. (2) Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection. (3) Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding. (b) Notwithstanding any other provision of law and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The State Board of Education shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the State Board of Education shall be guided by subdivision (l) of Section 47605.

Section 47612.5 Apportionment conditions Instructional minutes

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Tenure or civil service school employer PERB Approval of petition not controlled by collective bargaining agreements or PERB

No ADA for non-California resident, pupils over 19

Charter school deemed district for funding purposes

Pupil attendance records Certification of testing programs Independent study

17


Section 47612.5 Apportionment conditions (cont’d) Independent study reduction (SB 740)

Funding determination

Revisions of funding determination

Classroom-based instruction

Nonclassroom instruction

Section 47612.6 State Board instructional minutes waiver

18

(c) A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter school's apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer. (d) (1) Notwithstanding any other provision of law and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the State Board of Education. The determination for funding shall be subject to any conditions or limitations the State Board of Education may prescribe. The State Board of Education shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the State Board of Education shall be guided by subdivision (l) of Section 47605. (2) Except as provided in paragraph (2) of subdivision (b) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (b) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the State Board of Education reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately prior to receiving a funding determination pursuant to subdivision (b) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the State Board of Education reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the board. Notwithstanding any provision of law, the State Board of Education may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The State Board of Education may terminate a determination for funding if updated or additional information requested by the board is not made available to the board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 may not exceed five years. (3) A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2. (e) (1) Notwithstanding any other provision of law, and as a condition of apportionment, "classroombased instruction" in a charter school, for the purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (l) of Section 47605. For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom -based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5. (2) For the purposes of this part, "nonclassroom instruction" or "nonclassroom-based instruction" means instruction that does not meet the requirements specified in paragraph (1). The State Board of Education may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part. (3) For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction. (4) Notwithstanding any other provision of law, neither the State Board of Education, nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a). (a) The State Board of Education may waive fiscal penalties calculated pursuant to subdivision (c) of Section 47612.5 for a charter school that fails to offer the minimum number of instructional minutes required pursuant to subdivision (a) of Section 47612.5 for the fiscal year. (b) For fiscal penalties incurred as a result of providing insufficient instructional minutes in the 2002-03 fiscal year, or any fiscal year thereafter, the State Board of Education may grant a waiver only upon the condition that the charter school agrees to maintain minutes of instruction equal to those minutes of instruction it failed to offer and the minimum number of instructional minutes required pursuant to subdivision (a) of Section 47612.5 for twice the number of years that it failed to maintain the required minimum

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number of instructional minutes for the fiscal year. Compliance with the condition shall commence no later than the school year following the fiscal year that the waiver was granted and shall continue for each subsequent school year until the condition is satisfied. (c) Compliance with the condition set forth in subdivision (b) shall be verified in the report of the annual audit of the charter school for each fiscal year in which it is required to maintain additional time pursuant to subdivision (b). If the audit report for a year in which the additional time is required to be maintained does not verify that the additional time was provided, the waiver granted pursuant to subdivision (b) shall be revoked and the charter school shall repay the fiscal penalty calculated pursuant to subdivision (c) of Section 47612.5, in accordance with subdivision (a) of Section 41344. (d) It is the intent of the Legislature that charter schools make every effort to make up any instructional minutes lost during the fiscal year in which the loss occurred rather than seek a waiver pursuant to this section.

Section 47612.6 State Board instructional minutes waiver (cont’d)

(a) Notwithstanding Section 47612.5 or any other provision of law, the Center for Advanced Research and Technology, operating pursuant to a joint powers agreement between the Clovis Unified School District and the Fresno Unified School District, is eligible to receive general-purpose funding, as calculated pursuant to Section 47633, for the 2005-06 and 2006-07 fiscal years for a total average daily attendance not to exceed the center's average daily attendance as determined at the second principal apportionment for the 2005-06 and 2006-07 fiscal years, respectively, and for the 2007-08 fiscal year for a total average daily attendance not to exceed the center's average daily attendance as determined at the second principal apportionment for the 2006-07 fiscal year. (b) Commencing with the 2008-09 fiscal year, the Center for Advanced Research and Technology, as described in subdivision (a), is not eligible to receive funding pursuant to Chapter 6 (commencing with Section 47630). (c) This section shall become inoperative on July 1, 2012, and, as of January 1, 2013, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed.

Section 47612.7 Special funding for joint powers agreement

(a) Except as set forth in subdivision (b), a chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 1 percent of the revenue of the charter school. (b) A chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering authority. (c) A local agency that is given the responsibility for supervisorial oversight of a charter school, pursuant to paragraph (1) of subdivision (k) of Section 47605, may charge for the actual costs of supervisorial over sight, and administrative costs necessary to secure charter school funding. A charter school that is charged for costs under this subdivision may not be charged pursuant to subdivision (a) or (b). (d) This section does not prevent the charter school from separately purchasing administrative or other services from the chartering authority or any other source. (e) For purposes of this section, a chartering authority means a school district, county board of education, or the State Board, that granted the charter to the charter school. (f) For purposes of this section, "revenue of the charter school" means the general purpose entitlement and categorical block grant, as defined in subdivisions (a) and (b) of Section 47632. (g) (1) The California Research Bureau of the California State Library shall prepare and submit to the Legislature on or before January 8, 2009, a report on the key elements and actual costs of charter school oversight. For purposes of the report, the bureau shall define fiscal and academic oversight and shall include any financial relationship between a charter school and its chartering authority that has the effect of furthering the operations of the charter school and that may provide opportunities to oversee the charter school. The report, at a minimum, shall address all of the following issues: (A) The range of annual activities that entities providing supervisorial oversight of charter schools are expected to perform. (B) Staff time spent on reviewing charter petitions measured by the size of school districts and the number of charter petitions reviewed. (C) Staff time spent on oversight responsibilities measured by the size of school districts and the number of charter schools. (D) Best practices for charter school oversight measured by efficiency and effectiveness. A cost analysis of those best practices after being measured by efficiency and effectiveness. (E) Comparison of school district costs and revenues attributable to charter school oversight. (F) Administrative services provided to a charter school by a chartering authority, such as human resources, that may be useful in the oversight of the charter school and chartering authority revenues attributable to those services. (G) Length of time required to review a single charter petition. (H) Recommendations for structuring charter school oversight and accountability in California, including an assessment of whether or not the associated costs specified in subdivisions (a) and (b) and subparagraph (F) are adequate to support appropriate supervisorial oversight. (2) In preparing its report, the California Research Bureau shall consult with an advisory panel to ensure technical accuracy.

Section 47613 Supervisorial oversight fees 1% or 3% fee

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“Revenue of charter school� defined

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Section 47613.1 Apportionments for converted districts ADA equal to base revenue limit

Section 47614 Prop 39: Public school facilities Basic obligations of district

Charge for facilities

Annual ADA projection Schools operating in district

Section 47614.5 Charter School Facility Grant Program

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The Superintendent of Public Instruction shall make all of the following apportionments on behalf of a charter school in a school district in which all schools have been converted to charter schools pursuant to Section 47606, and that elects not to be funded pursuant to the block grant funding model set forth in Section 47633 in each fiscal year that the charter school so elects: (a) From funds appropriated to Section A of the State School Fund for apportionment for that fiscal year pursuant to Article 2 (commencing with Section 42238) of Chapter 7 of Part 24, an amount for each unit of current fiscal year regular average daily attendance in the charter school that is equal to the current fiscal year base revenue limit for the school district to which the charter petition was submitted. (b) For each pupil enrolled in the charter school who is entitled to special education services, the state and federal funds for special education services for that pupil that would have been apportioned for that pupil to the school district to which the charter petition was submitted. (c) Funds for the programs described in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 54761, and Sections 63000 and 64000, to the extent that any pupil enrolled in the charter school is eligible to participate. (a) The intent of the people in amending Section 47614 is that public school facilities should be shared fairly among all public school pupils, including those in charter schools. (b) Each school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter school's in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district. Facilities provided shall be contiguous, furnished, and equipped, and shall remain the property of the school district. The school district shall make reasonable efforts to provide the charter school with facilities near to where the charter school wishes to locate, and shall not move the charter school unnecessarily. (1) The school district may charge the charter school a pro rata share (based on the ratio of space allocated by the school district to the charter school divided by the total space of the district) of those school district facilities costs which the school district pays for with unrestricted general fund revenues. The charter school shall not be otherwise charged for use of the facilities. No school district shall be required to use unrestricted general fund revenues to rent, buy, or lease facilities for charter school students. (2) Each year each charter school desiring facilities from a school district in which it is operating shall provide the school district with a reasonable projection of the charter school's average daily classroom attendance by in-district students for the following year. The district shall allocate facilities to the charter school for that following year based upon this projection. If the charter school, during that following year, generates less average daily classroom attendance by in-district students than it projected, the charter school shall reimburse the district for the over-allocated space at rates to be set by the State Board of Education. (3) Each school district's responsibilities under this section shall take effect three years from the effective date of the measure which added this subparagraph, or if the school district passes a school bond measure prior to that time on the first day of July next following such passage. (4) Facilities requests based upon projections of fewer than 80 units of average daily classroom attendance for the year may be denied by the school district. (5) The term "operating," as used in this section, shall mean either currently providing public education to in-district students, or having identified at least 80 in-district students who are meaningfully interested in enrolling in the charter school for the following year. (6) The State Department of Education shall propose, and the State Board of Education may adopt, regulations implementing this subdivision, including but not limited to defining the terms "average daily classroom attendance," "conditions reasonably equivalent," "in-district students," "facilities costs," as well as defining the procedures and establishing timelines for the request for, reimbursement for, and provision of, facilities. (a) The Charter School Facility Grant Program is hereby established and shall be administered by the department. The grant program is intended to provide assistance with facilities rent and lease costs for pupils in charter schools. (b) Subject to the annual Budget Act, eligible schools shall receive an amount of up to, but not more than, seven hundred fifty dollars ($750) per unit of average daily attendance, as certified at the second principal apportionment, to provide an amount of up to, but not more than, 75 percent of the annual facilities rent and lease costs for the charter school. In any fiscal year, if the funds appropriated for the purposes of this section by the annual Budget Act are insufficient to fund the approved amounts fully, the Superintendent shall apportion the available funds on a pro rata basis. (c) For purposes of this section, the department shall do all of the following: (1) Inform charter schools of the grant program. (2) Upon application by a charter school, determine eligibility, based on the geographic location of the charter schoolsite, pupil eligibility for free or reduced price meals, and a preference in admissions, as appropriate. Eligibility for funding shall not be limited to the grade level or levels served by the school whose attendance area is used to determine eligibility. Charter schoolsites are eligible for funding pursuant to this section if the charter schoolsite meets either of the following conditions: (A) The charter schoolsite is physically located in the attendance area of a public elementary school in which 70 percent or more of the pupil enrollment is eligible for free or reduced priced meals and the

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schoolsite gives a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter schoolsite is located. (B) Seventy percent or more of the pupil enrollment at the charter schoolsite is eligible for free or reduced price meals. (3) Inform charter schools of their grant eligibility. (4) Allocate funding to charter schools for eligible expenditures in a timely manner. (5) No later than June 30, 2005, report to the Legislature on the number of charter schools that have participated in the grant program pursuant to the expanded eligibility prescribed in paragraph (2). In addition, the report shall provide recommendations and suggestions on improving the grant program. (d) Funds appropriated for purposes of this section shall not be apportioned for any of the following: (1) Units of average daily attendance generated through nonclassroom-based instruction as defined by paragraph (2) of subdivision (d) of Section 47612.5 or that does not comply with conditions or limitations set forth in regulations adopted by the state board pursuant to this section. (2) Charter schools occupying existing school district or county office of education facilities. (3) Charter schools receiving reasonably equivalent facilities from their chartering authority pursuant to Section 47614. (e) Funds appropriated for purposes of this section shall be used for costs associated with facilities rents and leases, consistent with the definitions used in the California School Accounting Manual. These funds also may be used for costs, including, but not limited to, costs associated with remodeling buildings, deferred maintenance, initially installing or extending service systems and other built-in equipment, and improving sites. (f) If an existing charter school located in an elementary attendance area in which less than 50 percent of pupil enrollment is eligible for free or reduced price meals relocates to an attendance area identified in paragraph (2) of subdivision (c), admissions preference shall be given to pupils who reside in the elementary school attendance area into which the charter school is relocating. (g) The Superintendent annually shall report to the state board regarding the use of funds that have been made available during the fiscal year to each charter school pursuant to the grant program. (h) It is the intent of the Legislature that not less than eighteen million dollars ($18,000,000) annually be appropriated for purposes of the grant program on the same basis as other elementary and secondary education categorical programs.

Section 47614.5 Charter School Facility Grant Program (cont’d)

(a) The Legislature finds and declares all of the following: (1) Charter schools are part of the Public School System, as defined in Article IX of the California Constitution. (2) Charter schools are under the jurisdiction of the Public School System and the exclusive control of the officers of the public schools, as provided in this part. (3) Charter schools shall be entitled to full and fair funding, as provided in this part. (b) This part shall be liberally construed to effectuate the findings and declarations set forth in this section.

Section 47615 Legislative Findings Public school systems Exclusive control

An elementary school that has been operated by the University of California at the Los Angeles campus prior to January 1, 1994, may apply to become a charter school under this chapter. The school may apply under either Section 47621 or Section 47622. If a charter is granted under this chapter, the resulting charter school shall be part of the public school system.

Section 47620 Elementary school at UCLA

An elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the governing board of the local school district and otherwise following the procedures and requirements contained in Chapter 2 (commencing with Section 47605) and Chapter 3 (commencing with Section 47610).

Section 47621 School district may charter

As an alternative to Section 47621, an elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the State Board of Education. Under this section, the petition shall be signed by not less than 50 percent of the school's currently employed teachers. All other procedures and requirements, other than those prescribed in subdivision (a) of Section 47605, that are contained in Chapter 2 (commencing with Section 47605) and Chapter 3 (commencing with Section 47610) are applicable to a petition filed pursuant to this section except that references to "governing board" shall mean the State Board of Education.

Section 47622 State board may charter

(i) Commencing with the 2009-2010 fiscal year, the Superintendent shall annually allocate the facilities grants to eligible charter schools no later than October 1 of each fiscal year. However, the department shall first use the funding appropriated for this program in the 2009-2010 fiscal year to reimburse charter schools for rent or lease costs for the 2008-2009 fiscal year, consistent with this Section as it read on June 30, 2009.

If a charter is granted under this chapter, the University of California shall continue to own and be liable for the resulting charter school to the same extent as before the granting of the charter. A charter granted pursuant to Section 47620 shall not become operative before July 1, 1995.

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Section 47624 UC liability Section 47625 UCLA charter operative

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Section 47626 UC as public employer

(a) Notwithstanding Section 47611.5, a charter school operated by the University of California in facilities owned by the Regents of the University of California shall declare in its charter that it is the employer of the employees at the charter school for the purposes of Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code. The provisions of Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code shall apply to the charter school. A charter school operated by the University of California in facilities owned by the Regents of the University of California may not be deemed a public school employer for the purposes of this chapter. (b) By March 31, 2000, an existing charter school operated by the University of California shall amend its charter to comply with this section. FUNDING MODEL EDUCATION CODE SECTIONS 47630-47638

Section 47630 Operational funding equal to similar district Simple and direct allocation of funds

Section 47630.5 Operational funding

No additional responsibility on county superintendent Section 47631 County-sponsored charter schools

Section 47632 Funding model definitions General purpose entitlement Categorical block grant

General purpose finding Categorical aid Economic impact aid

Educationally disadvantaged Operational funding School district of a similar type

Sponsoring local education

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(a) It is the intent of the Legislature that each charter school be provided with operational funding that is equal to the total funding that would be available to a similar school district serving a similar pupil population, except that a charter school may not be funded as a necessary small school or a necessary small high school, nor receive revenue limit funding that exceeds the statewide average for a school district of a similar type. (b) The Legislature finds and declares that the funding method established by this chapter provides for simple and, at the option of the charter school, local or direct allocation of funds to charter schools in a manner that is consistent with state and federal law. (a) This chapter applies to the calculation of operational funding for charter schools. Except as otherwise provided in this chapter, this chapter shall apply to all charter schools without regard to their sponsoring local education agency. (b) For the 1999-2000, 2000-01, and 2001-02 fiscal years in the case of a charter school that was assigned a number by the State Board of Education prior to June 1, 1999, the use of the charter school funding method established by this chapter shall be at the discretion of that charter school. A charter school that elects to have its funding determined pursuant to the method established by this chapter shall notify the State Department of Education by June 1 prior to the affected fiscal year. An election to be funded pursuant to the method established by this chapter is irrevocable. (c) Additional legal or fiscal responsibilities on the part of a county superintendent of schools are not imposed by this chapter, except as specifically provided in this chapter. (a) Article 2 (commencing with Section 47633) and Article 3 (commencing with Section 47636) may not apply to a charter granted pursuant to Section 47605.5. (b) Notwithstanding subdivision (a), a pupil attending a county-sponsored charter school who is eligible to attend that school solely as a result of parental request pursuant to subdivision (b) of Section 1981 shall be funded pursuant to this chapter. For purposes of this chapter, the following terms shall be defined as follows: (a) "General-purpose entitlement" means an amount computed by the formula set forth in Section 47633 beginning in the 1999-2000 fiscal year, which is based on the statewide average amounts of generalpurpose funding from those state and local sources identified in Section 47633 received by school districts of similar type and serving similar pupil populations. (b) "Categorical block grant" means an amount computed by the formula set forth in Section 47634 beginning in the 1999-2000 fiscal year, which is based on the statewide average amounts of categorical aid from those sources identified in Section 47634 received by school districts of similar type and serving similar pupil populations. (c) "General-purpose funding" means those funds that consist of state aid, local property taxes, and other revenues applied toward a school district's revenue limit, pursuant to Section 42238. (d) "Categorical aid" means aid that consists of state or federally funded programs, or both, which are apportioned for specific purposes set forth in statute or regulation. (e) "Economic impact aid-eligible pupils" means those pupils that are included in the economic impact aid -eligible pupil count pursuant to Section 54023. For purposes of applying Section 54023 to charter schools, "economically disadvantaged pupils" means the pupils described in paragraph (2) of subdivision (a) of Section 54026. (f) "Educationally disadvantaged pupils" means those pupils who are eligible for subsidized meals pursuant to Section 49552 or are identified as English learners pursuant to subdivision (a) of Section 306, or both. (g) "Operational funding" means all funding except funding for capital outlay. (h) "School district of a similar type" means a school district that is serving similar grade levels. (i) "Similar pupil population" means similar numbers of pupils by grade level, with a similar proportion of educationally disadvantaged pupils. (j) "Sponsoring local educational agency" means the following: (1) If a charter school is granted by a school district, the sponsoring local educational agency is the school district.

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(2) If a charter is granted by a county office of education after having been previously denied by a school district, the sponsoring local educational agency means the school district that initially denied the charter petition. (3) If a charter is granted by the state board after having been previously denied by a local educational agency, the sponsoring local educational agency means the local educational agency designated by the state board pursuant to paragraph (1) of subdivision (k) of Section 47605 or if a local educational agency is not designated, the local educational agency that initially denied the charter petition. (4) For pupils attending county-sponsored charter schools who are eligible to attend those schools solely as a result of parental request pursuant to subdivision (b) of Section 1981, the sponsoring local educational agency means the pupils' school district of residence. (5) For pupils attending countywide charter schools pursuant to Section 47605.6 who reside in a basic aid school district, the sponsoring local educational agency means the school district of residence of the pupil. For purposes of this paragraph, "basic aid school district" means a school district that does not receive an apportionment of state funds pursuant to subdivision (h) of Section 42238.

Section 47632 Funding model definitions (cont’d)

A charter school that is established through the conversion of an existing public school where the charter is granted by a district other than the district in which the school is located may not generate or receive revenue limit funding in excess of the revenue limit of the school district in which the school was located prior to the conversion to charter status. This limitation shall apply whether the charter converts to charter status a single existing public school or multiple existing public schools.

Section 47632.5 Cap on funding for conversion charter schools

The Superintendent of Public Instruction shall annually compute a general-purpose entitlement, funded from a combination of state aid and local funds, for each charter school as follows: (a) The superintendent shall annually compute the statewide average amount of general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and, grades 9 to 12, inclusive. For purposes of making these computations, both of the following conditions shall apply: (1) Revenue limit funding attributable to pupils in kindergarten and grades 1 to 5, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by elementary school districts; revenue limit funding attributable to pupils in grades 6, 7, and 8, shall equal the statewide average revenue limit funding per unit of average daily attendance received by unified school districts; and revenue limit funding attributable to pupils in grades 9 to 12, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by high school districts. (2) Revenue limit funding received by school districts shall exclude the value of any benefit attributable to the presence of necessary small schools or necessary small high schools within the school district. (b) The superintendent shall multiply each of the four amounts computed in subdivision (a) by the charter school's average daily attendance in the corresponding grade level ranges. The resulting figure shall be the amount of the charter school's general-purpose entitlement, which shall be funded through a combination of state aid and local funds. From funds appropriated for this purpose pursuant to Section 14002, the superintendent shall apportion to each charter school this amount, less local funds allocated to the charter school pursuant to Section 47635. (c) General-purpose entitlement funding may be used for any public school purpose determined by the governing body of the charter school.

Section 47633 General purpose entitlement Statewide average amount

(a) Notwithstanding subdivision (a) of Section 47634, a categorical block grant for charter schools for the 2005-06 fiscal year shall be calculated as follows: (1) The Superintendent shall divide the total amount of funding appropriated for the purpose of this block grant in the annual Budget Act or another statute, less the total amount calculated in paragraph (2), by the statewide total of charter school average daily attendance, as determined at the second principal apportionment for the 2005-06 fiscal year. (2) The statewide average amount, as computed by the Superintendent, of funding per identified educationally disadvantaged pupil received by school districts in the current fiscal year pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29. This amount shall be multiplied by the number of educationally disadvantaged pupils enrolled in the charter school. The resulting amount, if greater than zero, may not be less than the minimum amount of Economic Impact Aid funding to which a school district of similar size would be entitled pursuant to Section 54022. For purposes of this subdivision, a pupil who is eligible for subsidized meals pursuant to Section 49552 and is identified as an English learner pursuant to subdivision (a) of Section 306 shall count as two pupils. (3) For each charter school, the Superintendent shall multiply the amount calculated in paragraph (1) by the school's average daily attendance as determined at the second principal apportionment for the 200506 fiscal year. (4) The Superintendent shall add the amounts computed in paragraphs (2) and (3). The resulting amount shall be the charter school categorical block grant that the Superintendent shall apportion to each charter school from funds appropriated for this purpose in the annual Budget Act or another statute. The Superintendent shall allocate an advance payment of this grant as early as possible, but no later than October 31, 2005, based on prior year average daily attendance as determined at the second principal apportionment or, for a charter school in its first year of operation that commences instruction on or before September 30,

Section 47634.1 Revised block grants for 2005-2008

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Multiply by charter school’s ADA

Use for an public school purpose

EIA funding

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Section 47634.1 Revised block grants for 2005-2008 (cont’d) Minimum increase for FY 20062007

Intent to fully fund charters

2005, on estimates of average daily attendance for the current fiscal year determined pursuant to Section 47652. (b) (1) For the 2006-07 fiscal year, the categorical block grant allocated by the Superintendent for charter schools shall be four hundred dollars ($400) per unit of charter school average daily attendance as determined at the second principal apportionment for the 2006-07 fiscal year. This amount shall be supplemented by the amount calculated in paragraph (2). (2) The statewide average amount, as computed by the Superintendent, of funding per economic impact aid-eligible pupil count received by school districts in the current fiscal year, pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29, shall be multiplied by the number of economic impact aid-eligible pupils enrolled in the charter school. The resulting amount, if greater than zero, may not be less than the minimum amount of Economic Impact Aid funding to which a school district of similar size would be entitled pursuant to Section 54022. (c) (1) For the 2007-08 fiscal year, the categorical block grant allocated by the Superintendent for charter schools shall be five hundred dollars ($500) per unit of charter school average daily attendance as determined at the second principal apportionment for the 2007-08 fiscal year. For each fiscal year thereafter, this per unit amount shall be adjusted for the cost-of-living adjustment, as determined pursuant to Section 42238.1, for that fiscal year. This amount shall be supplemented in the 2007-08 fiscal year and each fiscal year thereafter by the amount calculated in paragraph (2). (2) The statewide average amount, as computed by the Superintendent, of funding per economic impact aid-eligible pupil count received by school districts in the current year, pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29, shall be multiplied by the number of economic impact aideligible pupils enrolled in the charter school. The resulting amount, if greater than zero, may not be less than the minimum amount of Economic Impact Aid funding to which a school district of similar size would be entitled pursuant to Section 54022. (d) It is the intent of the Legislature to fully fund the categorical block grant for charter schools as specified in this section and to appropriate additional funding that may be needed in order to compensate for unanticipated increases in average daily attendance and counts of economic impact aid-eligible pupils, pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29, in charter schools. In any fiscal year in which the department identifies a deficiency in the categorical block grant, the department shall identify the available balance for programs that count towards meeting the requirements of Section 8 of Article XVI of the California Constitution and have unobligated funds for the year. On or before July 1, the department shall provide the Department of Finance with a list of those programs and their available balances, and the amount of the deficiency, if any, in the categorical block grant. Within 45 days of the receipt of a notification of deficiency, the Director of Finance shall verify the amount of the deficiency in the categorical block grant and direct the Controller to transfer an amount, equal to the lesser of the amount available or the amount needed to fully fund the categorical block grant, from those programs to the categorical block grant. The Department of Finance shall notify the Joint Legislative Budget Committee within 30 days of any transfer made pursuant to this section.

(e) For the purposes of this section, a funding deficiency shall be strictly limited to unanticipated increases in average daily attendance and counts of economic impact aid-eligible pupils. In no event shall additional funding be provided to restore reductions made to categorical programs pursuant to Control Section 12.42 of an annual Budget Act. (f) On or before July 1, the department shall provide the Department of Finance with a list of those

Block grants may be used for any purpose

Section 47634.2 SB740: Funding for nonclassroom-based instruction

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programs and their available balances, and the amount of the deficiency, if any, in the categorical block grant. Within 45 days of the receipt of a notification of deficiency, the Director of Finance shall verify the amount of the deficiency in the categorical block grant and direct the Controller to transfer an amount, equal to the lesser of the amount available or the amount needed to fully fund the categorical block grant, from those programs to the categorical block grant. The Department of Finance shall notify the Joint Legislative Budget Committee within 30 days of any transfer made pursuant to this section. (g) Commencing October 1, 2007, the Legislative Analyst's Office shall triennially convene a work group to review, commencing with appropriations proposed for the 2008-09 fiscal year, the appropriateness of the funding level provided by the categorical block grant established in this section. (h) Categorical block grant funding may be used for any purpose determined by the governing body of the charter school.

(i) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

(a) (1) Notwithstanding any other provision of law, the amount of funding to be allocated to a charter school on the basis of average daily attendance that is generated by pupils engaged in nonclassroom-based instruction, as defined by paragraph (2) of subdivision (d) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1, 47633, 47634, and 47664, shall be adjusted by the State Board of Education. The State Board of Education shall adopt regulations setting forth criteria for the determination of funding for nonclassroom-based instruction, at a minimum the regulation shall specify that the nonclassroom-based instruction is conducted for the instructional benefit of the pupil and substantially dedicated to that function. In developing these criteria and determining the amount of funding to be allocated to a charter school pursuant to this section, the State Board of Education shall consider, among other factors it deems appropriate, the amount of the charter school's total budget

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expended on certificated employee salaries and benefits and on schoolsites, as defined in paragraph (3) of subdivision (d) of Section 47612.5, and the teacher-to-pupil ratio in the school. (2) For the 2001-02 fiscal year only, the amount of funding determined by the State Board of Education pursuant to this section shall not be less than 90 percent of the unadjusted amount to which a charter school would otherwise be entitled on the basis of average daily attendance. (3) For the 2002-03 fiscal year, the amount of funding determined by the State Board of Education pursuant to this section shall not be more than 80 percent of the unadjusted amount to which a charter school would otherwise be entitled, unless the State Board of Education determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a). (4) For the 2003-04 fiscal year and each fiscal year thereafter, the amount of funding determined by the State Board of Education pursuant to this section shall not be more than 70 percent of the unadjusted amount to which a charter school would otherwise be entitled, unless the State Board of Education determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a). (5) This section does not authorize the board to adjust the amount of funding a charter school receives on the basis of average daily attendance generated through classroom- based instruction, as defined for purposes of calculating average daily attendance for classroom-based instruction apportionments by paragraph (1) of subdivision (d) of Section 47612.5. (b) (1) The State Board of Education shall appoint an advisory committee to recommend criteria to the board in accordance with this section if it has not done so by the effective date of the act adding this section. The advisory committee shall include, but is not limited to, representatives from school district superintendents, charter schools, teachers, parents, members of the governing boards of school districts, county superintendents of schools, and the Superintendent of Public Instruction. (2) If a charter school submits a substantially complete request for a determination for funding by February 13, 2002, and the State Board of Education does not act on that request by March 19, 2002, full funding is automatically granted for the 2001-02 fiscal year, but the charter school shall reapply for a determination for funding for the 2002-03 fiscal year. (3) The determination for funding shall be on a percentage basis and the superintendent shall implement the determination for funding by reducing the charter school's reported average daily attendance by the determination for funding percentage specified by the State Board of Education. (4) If the State Board of Education denies request for a determination for funding or provides a reduction as authorized by subdivision (a), the board shall, in writing, give the reasons for its denial or reduction and, if appropriate, may describe how any deficiencies or problems may be addressed. (c) Each charter school offering nonclassroom-based instruction shall, in each report provided to the Superintendent of Public Instruction for apportionment purposes, identify the portion of its average daily attendance that is generated through nonclassroom-based instruction as defined in paragraph (2) of subdivision (d) of Section 47612.5. (d) Notwithstanding any other provision of law, charter schools shall be subject, with regard to subdivisions (c) and (d) of Section 47612.5 and this section, to audits conducted pursuant to Section 41020.

Section 47634.2 SB740: Funding for nonclassroom-based instruction (cont’d)

For purposes of Section 47633, the Superintendent shall compute average daily attendance in each of grades 1 through 12, respectively, as follows: (a) Distribute statewide total ungraded enrollment and average daily attendance among kindergarten and each of grades 1 through 12, inclusive, in proportion to the amounts of graded enrollment and average daily attendance, respectively, in each of these grades. (b) Multiply enrollment in each of grades 1 through 12, respectively, by the ratio of average daily attendance to enrollment in the applicable grade range: 1 through 3, inclusive, 4 through 6, inclusive; 7 and 8; and 9 through 12, inclusive.

Section 47634.3 Statewide average ADA

(a) A charter school that elects to receive its funding directly, pursuant to Section 47651, may apply individually for federal and state categorical programs, not excluded in this section, but only to the extent it is eligible for funding and meets the provisions of the program. For purposes of determining eligibility for, and allocation of, state or federal categorical aid, a charter school that applies individually shall be deemed to be a school district, except as otherwise provided in this chapter. (b) A charter school that does not elect to receive its funding directly, pursuant to Section 47651, may, in cooperation with its chartering authority, apply for federal and state categorical programs not specified in this section, but only to the extent it is eligible for funding and meets the provisions of the program. (c) Notwithstanding any other provision of law, for the 2006-07 fiscal year and each fiscal year thereafter, a charter school may not apply directly for categorical programs for which services are exclusively or almost exclusively provided by a county office of education. (d) Consistent with subdivision (c), a charter school may not receive direct funding for any of the following county-administered categorical programs: (1) American Indian Education Centers. (2) The California Association of Student Councils. (3) California Technology Assistance Project established pursuant to Article 15 (commencing with Section 51870) of Chapter 5 of Part 28. (4) The Center for Civic Education. (5) County Office Fiscal Crisis and Management Assistance Team.

Section 47634.4 Right to apply for program funding outside block grant

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Advisory committee

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Section 47634.4 Right to apply for program funding outside block grant (cont’d) Programs counted towards block grant

(6) The K-12 High Speed Network. (e) A charter school may apply separately for district-level or school-level grants associated with any of the categorical programs specified in subdivision (d). (f) Notwithstanding any other provision of law, for the 2006-07 fiscal year and each fiscal year thereafter, in addition to the programs listed in subdivision (d), a charter school may not apply for any of the following categorical programs: (6) The K-12 High Speed Network. (e) A charter school may apply separately for district-level or school-level grants associated with any of the categorical programs specified in subdivision (d). (f) Notwithstanding any other provision of law, for the 2006-07 fiscal year and each fiscal year thereafter, in addition to the programs listed in subdivision (d), a charter school may not apply for any of the following categorical programs: (1) Agricultural Career Technical Education Incentive Program, as set forth in Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28. (2) Bilingual Teacher Training Assistance Program, as set forth in Article 4 (commencing with Section 52180) of Chapter 7 of Part 28. (3) California Peer Assistance and Review Program for Teachers, as set forth in Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25. (4) College preparation programs, as set forth in Chapter 12 (commencing with Section 11020) of Part 7, Chapter 8.3 (commencing with Section 52240) of Part 28, and Chapter 8 (commencing with Section 60830) of Part 33. (5) English Language Acquisition Program, as set forth in Chapter 4 (commencing with Section 400) of Part 1. (6) Foster youth programs pursuant to Chapter 11.3 (commencing with Section 42920) of Part 24. (7) Gifted and talented pupil programs pursuant to Chapter 8 (commencing with Section 52200) of Part 28. (8) Home-to-school transportation programs, as set forth in Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 and Article 10 (commencing with Section 41850) of Chapter 5 of Part 24. (9) International Baccalaureate Diploma Program, as set forth in Chapter 12.5 (commencing with Section 52920) of Part 28. (10) Mathematics and Reading Professional Development Program, as set forth in Article 3 (commencing with Section 99230) of Chapter 5 of Part 65. (11) Principal Training Program, as set forth in Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25. (12) Professional Development Block Grant, as set forth in Article 5 (commencing with Section 41530) of Chapter 3.2 of Part 24. (13) Program to Reduce Class Size in Two Courses in Grade 9 (formerly The Morgan-Hart Class Size Reduction Act of 1989), as set forth in Chapter 6.8 (commencing with Section 52080) of Part 28. (14) Pupil Retention Block Grant, as set forth in Article 2 (commencing with Section 41505) of Chapter 3.2 of Part 24. (15) Reader services for blind teachers, as set forth in Article 8.5 (commencing with Section 45370) of Chapter 5 of Part 25. (16) School and Library Improvement Block Grant, as set forth in Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24. (17) School Safety Consolidated Competitive Grant, as set forth in Article 3 (commencing with Section 41510) of Chapter 3.2 of Part 24. (18) School safety programs, as set forth in Article 3.6 (commencing with Section 32228) and Article 3.8 (commencing with Section 32239.5) of Chapter 2 of Part 19. (19) Specialized secondary schools pursuant to Chapter 6 (commencing with Section 58800) of Part 31. (20) State Instructional Materials Fund, as set forth in Article 3 (commencing with Section 60240) of Chapter 2 of Part 33. (21) Targeted Instructional Improvement Block Grant, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part 24. (22) Teacher dismissal apportionment, as set forth in Section 44944. (23) The deferred maintenance program, as set forth in Article 1 (commencing with Section 17565) of Chapter 5 of Part 10.5. (24) The General Fund contribution to the State Instructional Materials Fund pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33. (25) Year-Round School Grant Program, as set forth in Article 3 (commencing with Section 42260) of Chapter 7 of Part 24.

Section 47635 Amounts in lieu of property taxes

(a) A sponsoring local educational agency shall annually transfer to each of its charter schools funding in lieu of property taxes equal to the lesser of the following two amounts: (1) The average amount of property taxes per unit of average daily attendance, including average daily attendance attributable to charter schools, received by the local educational agency, multiplied by the charter school's average daily attendance. (2) The statewide average general-purpose funding per unit of average daily attendance received by school districts, as determined by the State Department of Education, multiplied by the charter school's

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average daily attendance in each of the four corresponding grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and grades 9 to 12, inclusive. (b) The sponsoring local educational agency shall transfer funding in lieu of property taxes to the charter school in monthly installments, by no later than the 15th of each month. (1) For the months of August to February, inclusive, a charter school's funding in lieu of property taxes shall be computed based on the amount of property taxes received by the sponsoring local educational agency during the preceding fiscal year, as reported to the Superintendent of Public Instruction for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to the charter school the charter school's estimated annual entitlement to funding in lieu of property taxes as follows: (A) Six percent in August. (C) Eight percent each month in October, November, December, January, and February. (2) For the months of March to June, inclusive, a charter school's funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the fiscal year, as reported to the Superintendent of Public Instruction for purposes of the first principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to one-sixth of the difference between the school's estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraph (1). An additional one-sixth of this difference shall be included in the amount transferred in the month of March. (3) For the month of July, a charter school's funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the prior fiscal year, as reported to the Superintendent of Public Instruction for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to the remaining difference between the school's estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraphs (1) and (2). (4) Final adjustments to the amount of funding in lieu of property taxes allocated to a charter school shall be made in February, in conjunction with the final reconciliation of annual apportionments to schools. (5) Subdivision (a) and paragraphs (1) to (4), inclusive, of subdivision (b) do not apply for pupils who reside in, and are otherwise eligible to attend a school in, a basic aid school district, but who attend a charter school in a nonbasic aid school district. With regard to these pupils, the sponsoring basic aid district shall transfer to the charter school an amount of funds equivalent to the revenue limit earned through average daily attendance by the charter school for each pupil's attendance, not to exceed the average property tax share per unit of average daily attendance for pupils residing and attending in the basic aid district. The transfer of funds shall be made in not fewer than two installments at the request of the charter school, the first occurring not later than February 1 and the second not later than June 1 of each school year. Payments shall reflect the average daily attendance certified for the time periods of the first and second principal apportionments, respectively. The Superintendent of Public Instruction may not apportion any funds for the attendance of pupils described in this subdivision unless the amount transferred by the basic aid district is less than the revenue limit earned by the charter school, in which event the Superintendent of Public Instruction shall apportion the difference to the charter school from state funds.

Section 47635 Amounts in lieu of property taxes (cont’d) Transfer by 15th of each month

(a) This chapter does not prevent a charter school from negotiating with a local educational agency for a share of operational funding from sources not otherwise set forth in this chapter including, but not limited to, all of the following: (1) Forest reserve revenues and other operational revenues received due to harvesting or extraction of minerals or other natural resources. (2) Sales and use taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (3) Parcel taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (4) Ad valorem property taxes received by a school district which exceed its revenue limit entitlement. (5) “Basic aid" received by a school district pursuant to Section 6 of Article IX of the California Constitution. (b) This section shall become operative July 1, 2006.

Section 47636 Application for funding sources not in block grant or apportionments

For purposes of determining eligibility for, and allocations of, lottery funds, a charter school shall be deemed to be a school district. The State Department of Education shall determine each charter school's appropriate share of statewide total average daily attendance and include this information in its transmittals to the Controller for use in computing allocations of lottery funds.

Section 47638 Charter school is a school district for lottery funds

SPECIAL EDUCATION Education Code Sections 48640-47647 For the purposes of this article, "local educational agency" means a school district as defined in Section 41302.5 or a charter school that is deemed a local educational agency pursuant to Section 47641. As used in this article, "local educational agency" also means a charter school that is responsible for complying with all provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations as they relate to local educational agencies.

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Transfer based on preceding fiscal year (August-February)

Transfer based on estimates (March-June)

Transfer of differences (July)

Final adjustment (February)

Section 47640 “LEA” for special education purposes

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Section 47641 Charter school deemed a local educational agency

Charter school deemed a public school of sponsoring agency Charter a public school of State Board designee

(a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter school will participate as a local educational agency in a special education plan approved by the State Board of Education shall be deemed a local educational agency for the purposes of compliance with federal law (Individuals with Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for eligibility for federal and state special education funds. A charter school that is deemed a local educational agency for the purposes of special education pursuant to this article shall be permitted to participate in an approved special education local plan that is consistent with subdivision (a), (b), or (c) of Section 56195.1. (b) A charter school that was granted a charter by a local educational agency that does not comply with subdivision (a) may not be deemed a local educational agency pursuant to this article, but shall be deemed a public school of the local educational agency that granted the charter. (c) A charter school that has been granted a charter by the State Board of Education, and for which the board has delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, and does not comply with subdivision (a), shall be deemed a public school of the local educational agency to which the board has delegated its supervisorial and oversight responsibilities. (d) A charter school that has been granted a charter by the State Board of Education, and for which the board has not delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, may not be deemed a local educational agency unless the charter school complies with subdivision (a).

Section 47642 Charter student funding included in allocation plans

Notwithstanding Section 47651, all state and federal funding for special education apportioned on behalf of pupils enrolled in a charter school shall be included in the allocation plan adopted pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both, by the special education local plan area that includes the charter school.

Section 47643 Change in SELPA allocation plan for charter school

If the approval of a petition for a charter school requires a change to the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, the change shall be adopted pursuant to the policymaking process of the special education local plan area.

Section 47644 Apportionment for special education

Section 47645 Request to participate in SELPA

Section 47646 Funding and services at charter school

LEA to ensure equitable funding and services

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For each charter school deemed a local educational agency for the purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the Superintendent of Public Instruction pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both. If the charter school is a participant in a local plan that only includes other charter schools pursuant to subdivision (f) of Section 56195.1, the amount computed pursuant to Section 56836.11, as adjusted pursuant to the incidence multiplier set forth in Section 56836.155, shall be apportioned by the superintendent for each unit of average daily attendance reported pursuant to subdivision (a) of Section 56836.06. An agency reviewing a request by a charter school to participate as a local educational agency in a special education local plan area may not treat the charter school differently from the manner in which it treats a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, a local or state agency shall ensure all of the following: (a) The special education local plan area complies with Section 56140. (b) The charter school participates in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area. (c) The charter school participates in governance of the special education local plan area and benefits from services provided throughout the special education local plan area, in the same manner as other local educational agencies of the special education local plan area. (a) A charter school that is deemed to be a public school of the local educational agency that granted the charter for purposes of special education shall participate in state and federal funding for special education in the same manner as any other public school of that local educational agency. A child with disabilities attending the charter school shall receive special education instruction or designated instruction and services, or both, in the same manner as a child with disabilities who attends another public school of that local educational agency. The agency that granted the charter shall ensure that all children with disabilities enrolled in the charter school receive special education and designated instruction and services in a manner that is consistent with their individualized education program and is in compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations, including Section 300.209 of Title 34 of the Code of Federal Regulations. (b) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education receives an equitable share of special education funding and services consisting of either, or both, of the following:

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(1) State and federal funding provided to support special education instruction or designated instruction and services, or both, provided or procured by the charter school that serves pupils enrolled in and attending the charter school. Notwithstanding any other provision of this chapter, a charter school may report average daily attendance to accommodate eligible pupils who require extended year services as part of an individualized education program. (2) Any necessary special education services, including administrative and support services and itinerant services, that are provided by the local educational agency on behalf of pupils with disabilities enrolled in the charter school. (c) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education also contributes an equitable share of its charter school block grant funding to support districtwide special education instruction and services, including, but not limited to, special education instruction and services for pupils with disabilities enrolled in the charter school.

Section 47646 Funding and services at charter school (cont’d)

A local educational agency reviewing a petition for the establishment or renewal of a charter school may not refuse to grant the petition solely because the charter might enroll pupils with disabilities who reside in a special education local plan area other than the special education local plan area that includes the local educational agency reviewing the petition.

Section 47647 No denials solely because school may enroll from other SELPA

APPORTIONMENT OF FUNDS Education Code Sections 47650-47652 A charter school shall be deemed to be a school district for purposes of determining the manner in which warrants are drawn on the State School Fund pursuant to Section 14041. For purposes of Section 14041, a charter school's "total amount certified" means the state aid portion of the charter school's total general -purpose entitlement and categorical block grant computed pursuant to Sections 47633 and 47634.

Section 47650 Charter school deemed a school district

LEA to ensure equitable contribution by charter school

(a) A charter school may receive the state aid portion of the charter school's total general-purpose entitlement and categorical block grant directly or through the local educational agency that either grants its charter or was designated by the State Board of Education. (1) In the case of a charter school that elects to receive its funding directly, the warrant shall be drawn in favor of the superintendent of schools of the county in which the local educational agency that approved the charter or was designated by the State Board of Education as the oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605 is located, for deposit to the appropriate funds or accounts of the charter school in the county treasury. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school. (2) In the case of a charter school that does not elect to receive its funding directly pursuant to Section 47651, the warrant shall be drawn in favor of the superintendent of schools of the county in which the local educational agency that granted the charter is located or was designated the oversight agency by the board pursuant to paragraph (1) of subdivision (k) of Section 47605, for deposit to the appropriate funds or accounts of the local educational agency. (3) In the case of a charter school, the charter of which was granted by the State Board of Education, but for which the board has not delegated oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, the warrant shall be drawn in favor of the superintendent of schools in the county where the local educational agency is located that initially denied the charter that was later approved by the board. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school. (b) On or before June 1 of each year, a charter school electing to receive its funding directly shall so notify the county superintendent of schools of the county in which the local educational agency that granted the charter is located or, in the case of charters for which the State Board of Education has designated an oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, the county superintendent of schools of the county in which the designated oversight agency is located. An election to receive funding directly shall apply to all funding that the charter school is eligible to receive including, but not limited to, the charter general-purpose entitlements and the categorical block grant computed pursuant to Sections 47633 and 47634, other state and federal categorical aid, and lottery funds.

Section 47651 Receipt of state aid

(a) Notwithstanding Section 41330, a charter school in its first year of operation shall be eligible to receive funding for the advance apportionment based on an estimate of average daily attendance for the current fiscal year, as approved by the local educational agency that granted its charter and the county office of education in which the charter-granting agency is located. For charter schools approved by the State Board, estimated average daily attendance shall be submitted directly to, and approved by, the Department. Not later than five business days following the end of the first 20 schooldays, a charter school receiving funding pursuant to this section shall report to the Department its actual average daily attendance for that first month, and the Superintendent shall adjust immediately, but not later than 45 days, the amount of its advance apportionment accordingly. (b) In addition to funding received pursuant to Section 41330, a charter school in its second or later year of operation also shall be eligible to receive an advance apportionment pursuant to the process and

Section 47652 Advance apportionment for first year of operation

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Direct funded

Non-direct funded

Apportionment for new grade levels

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Section 47652 Advance apportionment for first year of operation (cont’d) First year of operations must start by September 30

Section 47660 Enrollment and average daily attendance; general-purpose entitlement determination

conditions described in subdivision (a) in any year in which the charter school is adding at least one grade level. The average daily attendance funded for a new grade level shall not exceed the portion of the certified average daily attendance at the second principal apportionment for the prior year that was attributable to pupils in the highest grade served by the charter school. (c) A charter school in its first year of operation may only commence instruction within the first three months of the fiscal year beginning July 1 of that year. A charter school shall not be eligible for an apportionment pursuant to subdivision (a), or any other apportionment for a fiscal year in which instruction commenced after September 30 of that fiscal year. COMPUTATIONS AFFECTING SPONSORING LOCAL EDUCATIONAL AGENCIES (a) For purposes of computing eligibility for, and entitlements to, general purpose funding and operational funding for categorical programs, the enrollment and average daily attendance of a sponsoring local educational agency shall exclude the enrollment and attendance of pupils in its charter schools funded pursuant to this chapter. (b)(1) Notwithstanding subdivision (a), and commencing with the 2005-06 fiscal year, for purposes of computing eligibility for, and entitlements to, revenue limit funding, the average daily attendance of a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606, shall include all attendance of pupils who reside in the unified school district and who would otherwise have been eligible to attend a noncharter school of the school district, if the school district was a basis aid school district in the prior fiscal year, or if the pupils reside in the unified school district and attended a charter school of that school district that converted to charter status on or after July 1, 2005. Only the attendance of the pupils described by this paragraph shall be included in the calculation made pursuant to paragraph (7) of subdivision (h) of Section 42238. (2) Notwithstanding subdivision (a), for the 2005-06 fiscal year only, for purposes of computing eligibility for, and entitlements to, revenue limit funding, the average daily attendance of a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606 and its operating them as charter schools, shall include all attendance of pupils who reside in the unified school district and who would otherwise have been eligible to attend a noncharter school of the unified school district if the pupils attended a charter school operating in the unified school district prior to July 1, 2005. Only the attendance of pupils described by this paragraph (7) of subdivision (h) of Section 42238. (c) (1) For the attendance of pupils specified in subdivision (b), the general-purpose entitlement for a charter school that is established through the conversion of an existing public school within a unified school district on or after July 1, 2005, but before January 1, 2010, shall be determined using the following amount of general-purpose funding per unit of average daily attendance, in lieu of the amount calculated pursuant to subdivision (a) of Section 47633: (A) The amount of the actual unrestricted revenues exp0ended per unit of average daily attendance for that school in the year prior to its conversion to, and operation as, a charter school, adjusted for the base revenue limit per pupil inflation increase adjustment set forth in Section 42238.1, if this adjustment is provided, and also adjusted for equalization, deficit reduction, and other state general-purpose increases, if any, provided for he unified school district in the year of conversion to, and operation as a charter school. (B) For a subsequent fiscal year, the general-purpose entitlement shall be determined based on the amount per unit of average daily attendance allocated in the prior fiscal year adjusted for the base revenue limit per pupil inflation increase adjustment set forth in Section 42238.1, if the adjustment is provided, and also adjusted for equalization, deficit reduction, and other state general-purpose increases, if any, provided for the unified school district in that fiscal year.

(2) This subdivision shall not apply to a charter school that is established through the conversion of an existing public school within a unified school district on or after January 1, 2010, which instead shall receive general-purpose funding pursuant to Section 47633. This paragraph does not preclude a charter school or unified school district from agreeing to an alternative funding formula.

(d) Commencing with the 2005-06 fiscal year, the general-purpose funding per unit of average daily attendance specified for a unified school district for purposes of paragraph (7) of subdivision (h) of Section 42238 for a school within the unified school district that converted to charter status on or after July 1, 2005, shall be deemed to be the amount computed pursuant to subdivision (c). (e) A unified school district that is the sponsoring local educational agency as defined in subdivision (j) of Section 47632 of a charter school that is subject to paragraphs (1) and (2) of subdivision (c) shall certify to the Superintendent the amount specified in paragraph (1) of subdivision (c) prior to the approval of the charter petition by the governing board of the school district. This amount may be based on estimates of the unrestricted revenues expended in the fiscal year prior to the school’s conversion to charter status and the school’s operation as a charter school, provided that the amount is recertified when the actual data becomes available. (f) For the purposes of this section, “basic aid school district” means a school district that does not receive from the state an apportionment of state funds pursuant to subdivision (h) of Section 42238. (g) A school district may use the existing Standardized Account Code Structure and cost allocation methods, if appropriate, for an accounting of the actual unrestricted revenues expended in support of a school pursuant to subdivision (c). (h) For purposes of this section and Section 42241.3, “operating” means that pupils are attending and receiving instruction at the charter school.

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For purposes of Section 42238, the property tax revenues received by a sponsoring local educational agency pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code shall be reduced by the amount of funding in lieu of property taxes allocated to a charter school or schools pursuant to Section 47635. (a) For a pupil of a charter school sponsored by a basic aid school district who resides in, and is otherwise eligible to attend, a school district other than a basic aid school district, the Superintendent of Public Instruction shall apportion to the sponsoring school district an amount equal to 70 percent of the revenue limit per unit of average daily attendance that would have been apportioned to the school district that the pupil resides in and would otherwise have been eligible to attend. (b) A district that loses basic aid status as a result of transferring property taxes to a charter school or schools pursuant to Section 47635 shall be eligible to receive a pro rata share of funding provided by subdivision (a), with the proration factor calculated as the ratio of the following: (1) The amount of property taxes that the district receives in excess of its total revenue limit guarantee, prior to any transfers made pursuant to Section 47635. (2) The total amount of property taxes transferred pursuant to Section 47635 to the charter school or schools that it sponsors. (c) The Superintendent of Public Instruction may not apportion funds for the attendance of a pupil in a charter school of a nonbasic aid school district who resides in, and is otherwise eligible to attend school in, a basic aid school district unless the pupil is subject to the exception set forth in paragraph (5) of subdivision (b) of Section 47635. (d) For purposes of this section, “basic aid school district” means a school district that does not receive from the state, for any fiscal year in which the subdivision is applied, an apportionment of state funds pursuant to subdivision (h) of Section 42238. (a) A school district in which all schools have been converted to charter schools pursuant to Section 47606, at the school district’s discretion, may use the funding method provided for by this chapter. A school district that elects to have its funding determined pursuant to the method provided for by this chapter shall so notify the Superintendent of Public Instruction by June 1 prior to the affected fiscal year. Once made, an election to be funded pursuant to the method provided for by this chapter is irrevocable. (b) In the case of a school district in which all schools have been converted to charter schools pursuant to Section 47606, and that has not elected to be funded pursuant to the method provided for by this chapter, any increases in district average daily attendance attributable to pupils who reside in, and would otherwise be eligible to attend, a district other than the district sponsoring the charter school shall be funded at the lesser of the following: (1) The sponsoring district’s own base revenue limit per unit of average daily attendance (2) The statewide average based revenue limit per unit of average daily attendance for districts of a similar type. For purposes of this paragraph, increases in average daily attendance shall be measured relative to the 1998-99 fiscal year or the fiscal year in which all schools in the district were converted to charter schools pursuant to Section 47606, whichever fiscal year is later. (c) A school district in which all schools have been converted to charter schools pursuant to Section 47606 and that is sponsoring entity for a charter school or schools that were previously funded pursuant to the method provided pursuant to this chapter shall have its base revenue limit computed as follows: (1) The average daily attendance of the charter school or schools for the fiscal year prior to the fiscal year in which the conversion is effective shall be multiplied by the statewide average base revenue limit per unit of average daily attendance for districts of similar type for the fiscal year in which the conversion is effective. (2) The school district’s remaining average daily attendance for the fiscal year prior to the fiscal year in which the conversion is effective shall be multiplied by the school district’s base revenue limit per unit of average daily attendance for the fiscal year in which the conversion is effective. (3) The amounts computed in paragraphs (1) and (2) shall be added and this total shall be added and this total shall be divided by the district’s total average daily attendance, including average daily attendance in charter schools for which it is the sponsoring entity, for the fiscal year prior to the fiscal year in which the conversion is effective. REVOLVING LOAN FUND Education Code Sections 41365-41367 (a) The Charter School Revolving Loan Fund is hereby created in the State Treasury. The Charter School Revolving Loan Fund shall be comprised of federal funds obtained by the state for charter schools and any other funds appropriated or transferred to the fund through the annual budget process. Funds appropriated to the Charter School Revolving Loan Fund shall remain available for the purposes of the fund until reappropriated or reverted by the Legislature through the annual Budget Act or any other act. (b) Loans may be made from moneys in the Charter School Revolving Loan Fund to a chartering authority for charter schools that are not a conversion of an existing school, or directly to a charter school that qualifies to receive funding pursuant to Chapter 6 (commencing with Section 47630) that is not a conversion of an existing school, upon application of a chartering authority or charter school and approval by the Superintendent of Public Instruction. Money loaned to a chartering authority for a charter school, or to

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Section 47662 Property tax revenues; reduction

Section 47663 Pupil eligible to attend school district other than basic aid school district; apportionment of revenue; eligibility for pro rata share of funding

Section 47664 Election to use funding method provided for by this chapter

Section 41365 Creation

Loans not to exceed $250,000

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Section 41365 Creation (cont’d)

Repayment up to five years

Section 41366.5 Interest rate and payments

Section 41366.7 Adjustment of interest rate Section 41367 Security fund

Section 42605 Funds provided in annual Budget Act; use for any educational purpose; charter schools; requirements

a charter school, pursuant to this section shall be used only to meet the purposes of the charter granted pursuant to Section 47605. The loan to a chartering authority for a charter school, or to a charter school, pursuant to this subdivision shall not exceed two hundred fifty thousand dollars ($250,000) over the lifetime of the charter school. A charter school may receive money obtained from multiple loans made directly to the charter school or to the school's chartering authority from the Charter School Revolving Loan Fund, as long as the total amount received from the fund over the lifetime of the charter school does not exceed two hundred fifty thousand dollars ($250,000). This subdivision does not apply to a charter school that obtains renewal of a charter pursuant to Section 47607. (c) The Superintendent of Public Instruction may consider all of the following when making a determination as to the approval of a charter school's loan application: (1) Soundness of the financial business plans of the applicant charter school. (2) Availability of the charter school of other sources of funding. (3) Geographic distribution of loans made from the Charter School Revolving Loan Fund. (4) The impact that receipt of funds received pursuant to this section will have on the charter school's receipt of other private and public financing. (5) Plans for creative uses of the funds received pursuant to this section, such as loan guarantees or other types of credit enhancements. (6) The financial needs of the charter school. (d) Priority for loans from the Charter School Revolving Loan Fund shall be given to new charter schools for startup costs. (e) Commencing with the first fiscal year following the fiscal year the charter school receives the loan, the Controller shall deduct from apportionments made to the chartering authority or charter school, as appropriate, an amount equal to the annual repayment of the amount loaned to the chartering authority or charter school for the charter school under this section and pay the same amount into the Charter School Revolving Loan Fund in the State Treasury. Repayment of the full amount loaned to the chartering authority shall be deducted by the Controller in equal annual amounts over a number of years agreed upon between the loan recipient and the State Department of Education, not to exceed five years for any loan. (f) (1) Notwithstanding other provisions of law, a loan may be made directly to a charter school pursuant to this section only in the case of a charter school that is incorporated. (2) Notwithstanding other provisions of law, in the case of default of a loan made directly to a charter school pursuant to this section, the charter school shall be solely liable for repayment of the loan. (a) Moneys in the Charter School Revolving Loan Fund shall be loaned at the interest rate earned by the money in the Pooled Money Investment Account as of the date of disbursement of the funds to the charter school. (b) A charter school shall pay the interest on any loan from the fund in regular installments withdrawn from the annual apportionment the charter school receives. (c) All interest payments shall be paid into the Charter School Security Fund established pursuant to Section 41367. The Director of Finance shall monitor the adequacy of the amount of funds in the Charter School Security Fund and report annually to the Legislature on the need, if any, to adjust the interest rate set forth in Section 41366.5 or to revise any other aspect of the default recovery plan. (a) The Charter School Security Fund is hereby created in the State Treasury. (b) Moneys in the fund shall be available for deposit into the Charter School Revolving Loan Fund in case of default on any loan made from the Charter School Revolving Loan Fund. SCHOOL DISTRICT FUNDS—EXPENDITURES AND APPROPRIATIONS (a)(1) Unless otherwise prohibited under federal law or otherwise specified in subdivision (e), for the 2008 -09 fiscal year to the 2012-13 fiscal year, inclusive, recipients of funds from the items listed in paragraph (2) may use funding received, pursuant to subdivision (b), from any of these items listed in paragraph (20 that are contained in an annual Budget Act, for any educational purpose: (2) 6110-104-0001, 6110-105-0001, 6110-108-001, 6110-122-0001, 6110-123-0001, 6110-124-0001, 61110-137-0001, 6110-144-0001, 6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001, 6110 -188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-2040001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-2680001, and 6360-101-0001. (b)(1) For the 2009-10 fiscal year to the 2012-13 fiscal year, inclusive, the Superintendent or other administering state agency, as appropriate, shall apportion from the amounts provided in the annual Budget Act of the items enumerated in paragraph (2) of subdivision (a), an amount to recipients based on the same relative proportion that the recipient received in the 2008-09 fiscal year for the programs funded through the items enumerated in paragraph (2) of subdivision (a).

(2) This section and Section 42 of Chapter 12 of the Statutes of 2009 do not authorize a school district that receives funding on behalf of a charter school pursuant to Sections 47634.1 and 47651 to redirect this funding for another purpose unless otherwise authorized in law or pursuant to an agreement between a

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charter school and its chartering authority. Notwithstanding paragraph (1), for the 2008-09 fiscal year to the 2012-13 fiscal year, inclusive, a school district that receives funding on behalf of a charter school pursuant to Sections 47634.1 and 47651 shall continue to distribute the funds to those charter schools based on the relative proportion that the school district distributed in the 2007-08 fiscal year, and shall adjust those amounts to reflect changes in charter school attendance in the district. The amounts allocated shall be adjusted for any greater or lesser amount appropriated for the items enumerated in paragraph (2) of subdivision (a). For a charter school that began operation in the 2008-09 fiscal year, if a school district shall continue to distribute the funds to that charter school pursuant to Section 47634.1 and 47651, the school district shall continue to distribute the funds to that charter school based on the relative proportion that the school district distributed in the 2008-09 fiscal year and shall adjust the amount of those funds to reflect change in charter school attendance in the district. The amounts allocated shall be adjusted for any greater or lesser amount appropriated for items enumerated in paragraph (2) of subdivision (a). (3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to the 2012-13 fiscal year, inclusive, the Superintendent shall apportion from the amounts appropriated by Item 6110-211-0001 of the annual Budget Act, an amount to a charter school in accordance with the per pupil methodology prescribed in subdivision (c) of Section 47634.1. (4) Notwithstanding paragraph (1), for the 2008-09 fiscal year top the 2012-13 fiscal year, inclusive, the Superintendent shall apportion from the amounts provided in the annual Budget Act, an amount to a school district, charter school, and county office of education based on the same relative proportion that the local educational agency received in 2007-08 fiscal year for the programs funded through the following items contained in the annual Budget Act: 6110-104-0001, 6110-105-0001, 6110-156-0001, 6110-190-0001, schedule (3) of 6110-193-0001, 6110-198-0001, 6110-232-0001, and schedule (2) of 6110-240-0001. (5) For purposes of paragraph (4) of this subdivision, if a direct-funded charter school began operation in the 2008-09 fiscal year, the amount that the charter school was entitled to receive from the items enumerated in paragraph (4) for the 2008-09 fiscal year as certified by the Superintendent in March 2009, is deemed to have been received in the 2007-08 fiscal year.

Section 42605 Funds provided in annual Budget Act; use for any educational purpose; charter schools; requirements (cont’d)

(c)(1) This section does not obligate the state to refund or repay reductions made pursuant to this section. A decision by a school district to reduce funding pursuant to this section for a state-mandated local program shall constitute a waiver of the subvention of funds that the school district is otherwise entitled to pursuant to Section 6 of Article XIII B of the California Constitution on the amount so reduced. (2) As a condition of receipt of funds, the governing board of the school district or board of the county office of education, as appropriate, at a regularly scheduled open public hearing shall take testimony from the public, discuss, approve or disapprove the proposed use of funding, and make explicit for each of the budget items in paragraph (2) of subdivision (a) the purposes for which the funds will be used. (3) Using the Standardized Account Code Structure reporting process, a local educational agency shall

report expenditures of funds pursuant to the authority of this section by using the appropriate function codes to indicate the activities for which these funds are expended. The department shall collect and provide this information to the Department of Finance and the appropriate policy and budget committees of the Legislature by April 15, 2010, and annually thereafter on April 15 until, and including, April 15, 2014. (d) For the 2008-09 fiscal year to the 2012-13 fiscal year, inclusive, local education agencies that use the flexibility provision of the section shall be deemed to be in compliance with the program and funding requirements contained in statutory, regulatory, and provisional language, associated with the items enumerated in subdivision (a). (e) Notwithstanding subdivision (d), the following requirements shall continue to apply: (1) For Items 6110-105-0001 and 6110-156-0001, the amount authorized for flexibility shall exclude the funding provided for instruction of CalWORKs eligible students pursuant to schedules (2) and (3), and provisions 2 and 4. (2)(A) Any instructional materials purchased by a local education agency shall be the materials adopted by the state board for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, the materials purchased shall be aligned with state standards as defined by Section 60605, and shall also meet the reporting and sufficiency requirements contained in Section 60119. (B) For purposes of this section, “sufficiency” means that each pupil has sufficient textbooks and instructional materials in the four core areas as defined by Section 60119, and that all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section 1240.3. (3) For Item 6110-195-0001, the item shall exclude moneys that are required to fund awards for teachers that have previously met the requirements necessary to obtain these awards, until the award is paid in full. (4) For Item 6110-266-0001, a county office of education shall conduct at least one site visit to each of the required schoolsites pursuant to Section 1240 and shall fulfill all of the duties set forth in Sections 1240 and

44258.9. (5) For Item 6110-198-0001, a school district or county office of education that operates the child care component of the Cal-SAFE program shall comply with paragraphs (5) and (6) of subdivision (c) of Section 54746. (f) This section does not invalidate any state law pertaining to teacher credentialing requirements or the functions that require credentials.

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Section 42606 Local education agencies; application for categorical program funding included in annual Budget Act

Section 51747.3 No apportionment when “things of value” provided

ADA only for pupils who reside in county or immediately adjacent county No apportionment for pupils enrolled in school under 482046 Provisions not subject to waiver

Section 11700 Definitions

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(a) A local educational agency, including a direct-funded charter school, may apply for any state categorical program funding included in the annual Budget Act on behalf of a school that begins operation in the 2008-09 to the 2012-13 fiscal years, inclusive, but not only to the extent the school or local educational agency is eligible for funding and meets the provisions of the program that were in effect as of January 1, 2009, except that charter schools shall not apply for any of the programs contained in 47634.4. (b) A local educational agency that establishes a new school by redirecting enrollment from its existing schools to the new school shall not be eligible to receive funding in addition to the amounts allocated pursuant to Section 42605 for the categorical programs specified in that section or for the class size reduction program pursuant to Sections 52122 and 52124. (c) The Superintendent shall report the number of new schools and the programs that these schools are applying for, including an estimate of the cost for that year. This information shall be reported by November 11, 2009, and each fiscal year thereafter, to the appropriate Committees of the Legislature, the Legislative Analyst’s Office, and the Department of Finance. INDEPENDENT STUDY LAW & REGULATIONS Education Code Section 51747.3 (a) Notwithstanding any other provision of law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the agency has provided any funds or other thing of value to the pupil or his or her parent or guardian that the agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or his or her parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to his or her parent or guardian. (b) Notwithstanding paragraph (1) of subdivision (d) of Section 47605 or any other provision of law, community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported. (c) The Superintendent of Public Instruction shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204. (d) In conformity with Provisions 25 and 28 of Section 2.00 of the Budget Act of 1992, this section is applicable to average daily attendance reported for apportionment purposes beginning July 1, 1992. The provisions of this section are not subject to waiver by the State Board of Education, by the State Superintendent of Public Instruction, or under any provision of Part 26.8 (commencing with Section 47600). California Code of Regulations Title 5 Sections 11700-11705 (a) "Full-time equivalent certificated employees" means any combination of full-time certificated employees and part-time certificated employee assignments that aggregate to the amount of instructional time specified in the contract of a full-time certificated classroom teacher of the district or county office of education. (b) "General supervision" means the supervising teacher's (1) continuing oversight of the study design, implementation plan, allocation of resources, and evaluation of pupil or adult education student progress for any pupil's or adult education student's independent study; and (2) personal determination or personal review of the determination made by another certificated teacher of the time values for apportionment purposes of each pupil's or adult education student's work products. (c) "Independent study" means an alternative to classroom instruction consistent with the district's course of study. (d) "Independent study is an optional educational alternative in which no public may be required to participate" means (1) with regard to school districts or county offices of education, that (A) they are not required to offer independent study, and (B) school districts or county offices of education that do offer independent study are not obliged to permit a pupil or adult education student to engage in independent study if school officials given responsibility for the decision determine that independent study is not an appropriate alternative for the pupil or adult education student; and, (2) with regard to pupils or adult education students, (A) a pupil's or an adult education student's choice to commence, or to continue in, independent study must not be coerced, and (B) in the case of a pupil who is referred or assigned to any school, class, or program pursuant to Education Code sections 48915 or 48917, and to the extent that independent study is not prohibited, instruction may be provided to the pupil through independent study only if the pupil has the continuing option of classroom instruction.

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(e) "Method utilized to evaluate" means any specified procedure through which a certificated teacher personally assesses the extent to which achievement of the pupil or adult education student meets the objectives of an assignment. (f) "Methods of study" means the pupil or adult education student activities selected by the supervising teacher as the means to reach the educational objectives set forth in the written agreement. (g) "Missed assignment" means any specified independent study assignment that has not been turned in, or evidenced as completed, by a pupil or adult education student by the due date for the assignment. (h) "Regular school program" means the classroom-based instructional program or its equivalent that a pupil or adult education student would have attended had the pupil or adult education student not elected independent study. (i) "Specific resources" include all resources, including materials and services, reasonably necessary to the achievement of the objectives in the written agreement, and shall not be construed to exclude resources normally available to all pupils or adult education students on the same terms as the terms on which they are normally available to all pupils or adult education students. (j) "Supervising teacher" means the certificated teacher employed by the school district or county office of education and assigned, as noted in the written agreement, the responsibility for coordinating, evaluating, and providing general supervision of a pupil's or adult education student's independent study pursuant to Education Code section 51747.5(a). (k) "Type of program" means statutory program category for purposes of attendance accounting. (l) "Work product" means that which results from a pupil's or adult education student's efforts and actions to complete or perform the assignments given and which is subsequently evaluated by a certificated teacher.

Section 11700 Definitions (cont’d)

(a) "Certificated employees," in charter schools, means employees meeting the requirements of subdivision (l) of Education Code Section 47605. (b) "Classroom instruction," with reference to a charter school, means classroom instruction provided either by the charter school or by another public school that the pupil is eligible to attend. (c) "School district" or "district," for the purposes of this subchapter and of Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code, means a school district or a charter school, unless the context clearly indicates otherwise.

Section 11700.1 Additional definitions for charter schools

In setting policy pursuant to subdivisions (a) and (b) of Education Code section 51747, the local governing board shall consider, in a public hearing, the scope of its existing or prospective use of independent study as an instructional strategy, its purposes in authorizing independent study, and factors bearing specifically on the maximum realistic lengths of assignments and acceptable number of missed assignments for specific populations of pupils or adult education students. Adopted policies shall reflect an awareness that excessive leniency in their terms can result in pupils falling so far behind their age peers as to increase, rather than decrease, the risk of their dropping out of school.

Section 11701 Governing board responsibilities

Consistent with the statutory authorization to offer independent study as an alternative instructional strategy to meet the educational needs of pupils or adult education students, (a) the independent study option is to be substantially equivalent in quality and in quantity to classroom instruction, thereby ensuring that a pupil or adult education student who engages in independent study on a full-time basis, or on a part-time basis in conjunction with part- or full-time classroom study, will be enabled to complete the district or county office of education adopted course of study within the customary time frame for completion of that course of study; (b) pupils or adult education students who choose to engage in independent study are to have the same access to existing services and resources as the other pupils or adult education students of the school in which the independent study pupil or adult education student is enrolled; and (c) pupils or adult education students who choose to engage in independent study are to have equality of rights and privileges with the pupils or adult education students of the district or county office of education who choose to continue in the regular school program.

Section 11701.5 Equitable access

(a) Each signature required for an independent study agreement shall be dated. An agreement is not in effect until it is complete as to all terms, signed and dated. (b) The curriculum and methods of study specified in an independent study agreement shall be consistent with the district or county office of education policies and procedures for curriculum and instruction as adopted by the governing board.

Section 11702 Independent study agreements

(a) Maintaining records to meet audit requirements is the responsibility of the local district or county superintendent's office. These records may be on site(s). (b) Records shall include but not be limited to: (1) A copy of adopted governing board policy and procedures. (2) A separate listing of the pupils and adult education students, by grade level, program and school, who have engaged in independent study, identifying units of the curriculum undertaken and units of the curriculum completed by each of those pupils in kindergarten and grades 1 to 8, inclusive, and identifying course credits attempted by and awarded to each of those pupils in grades 9 to 12 inclusive and each of those students in adult education, as specified in their written agreements.

Section 11703 Records to be kept

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Section 11703 Records to be kept (cont’d)

Section 11704 Charter school pupilteacher ratio

Section 11705 Charter school considered alternative school

Section 5150 Bylaws

(3) A file of all agreements, including representative samples of each pupil's or adult education student's work products bearing signed or initialed and dated notations by the supervising teacher indicating that he or she has personally evaluated the work, or that he or she has personally reviewed the evaluations made by another certificated teacher. (4) A daily or hourly attendance credit register, as appropriate to the program in which the pupils or adult education students are enrolled, separate from classroom attendance records, and maintained on a current basis as time values of pupil or adult education student work products are personally judged by a certificated teacher, and reviewed by the supervising teacher if they are two different persons. In a charter school, for the purposes of Education Code section 51745.6, the ratio of average daily attendance for independent study pupils to full-time equivalent (FTE) certificated employees responsible for independent study shall not exceed a pupil-teacher ratio of 25:1 or the ratio of pupils to full-time equivalent certificated employees for all other educational programs operated by the largest unified school district, as measured by average daily attendance, as reported at the second principal apportionment in the prior year, in the county or counties in which the charter school operates. Units of average daily attendance for independent study that are ineligible for apportionment as provided in subdivision (b) of Education Code section 51745.6 shall also be ineligible for funding pursuant to Chapter 6 (commencing with section 47630) of Part 26.8 of the Education Code. For purposes of this section, a "full-time certificated employee" means an employee who is required to work a minimum six-hour day and 175 days per fiscal year. Part-time positions shall generate a partial FTE on a proportional basis. For the purposes of subdivision (e) of Education Code section 51745, a charter school that includes any of grades 9 to 12, inclusive, shall be deemed to be an alternative school of every high school district and unified school district within which it operates. SELECTED NONPROFIT CORPORATION LAWS Corporations Code (a) Except as provided in subdivision (c), and Sections 5151, 5220, 5224, 5512, 5613, and 5616, bylaws may be adopted, amended or repealed by the board unless the action would materially and adversely affect the rights of members as to voting or transfer. (b) Bylaws may be adopted, amended or repealed by approval of members (Section 5034); provided, however, that such adoption, amendment or repeal also requires approval by the members of a class if that action would materially and adversely affect the rights of that class as to voting or transfer in a manner different than that action affects another class. (c) The articles or bylaws may restrict or eliminate the power of the board to adopt, amend or repeal any or all bylaws, subject to subdivision (e) of Section 5151. (d) Bylaws may also provide that repeal or amendment of those bylaws, or the repeal or amendment of specified portions of those bylaws, may occur only with the approval in writing of a specified person or persons other than the board or members. However, this approval requirement, unless the bylaws specify

otherwise, shall not apply if any of the following circumstances exist: (1) The specified person or persons have died or ceased to exist. (2) If the right of the specified person or persons to approve is in the capacity of an officer, trustee, or other status and the office, trust, or status has ceased to exist. (3) If the corporation has a specific proposal for amendment or repeal, and the corporation has provided written notice of that proposal, including a copy of the proposal, to the specified person or persons at the most recent address for each of them, based on the corporation’s records, and the corporation has not received written approval or nonapproval within the period specified in the notice, which shall not be less than 10 nor more than 30 days commending at least 20 days after the notice has been provided. Section 5211 Board Meetings Notice of meetings

Waiver of notice

Adjournment of meetings

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(a) Unless otherwise provided in the articles or in the bylaws, all of the following apply: (1) Meetings of the board may be called by the chair of the board or the president or any vice president or the secretary or any two directors. (2) Regular meetings of the board may be held without notice if the time and place of the meetings are fixed by the bylaws or the board. Special meetings of the board shall be held upon four days' notice by first -class mail or 48 hours' notice delivered personally or by telephone, including a voice messaging system or by electronic transmission by the corporation (Section 20). The articles or bylaws may not dispense with notice of a special meeting. A notice, or waiver of notice, need not specify the purpose of any regular or special meeting of the board. (3) Notice of a meeting need not be given to a director who provides a waiver of notice or consent to holding the meeting or an approval of the minutes thereof in writing, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to that director. These waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. (4) A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of an adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment.

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(5) Meetings of the board may be held at a place within or without the state that has been designated in the notice of the meeting or, if not stated in the notice or there is no notice, designated in the bylaws or by resolution of the board. (6) Members of the board may participate in a meeting through use of conference telephone, electronic video screen communication or electronic transmission by and to the corporation (Sections 20 and 21). Participation in a meeting through use of conference telephone or electronic video screen communication pursuant to this subdivision constitutes presence in person at that meeting as long as all members participating in the meeting are able to hear one another. Participation in a meeting through use of electronic transmission by and to the corporation, other than conference telephone and electronic video screen communication, pursuant to this subdivision constitutes presence in person at that meeting if both of the following apply: (A) Each member participating in the meeting can communicate with all of the other members concurrently. (B) Each member is provided the means of participating in all matters before the board, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the corporation. (7) A majority of the number of directors authorized in or pursuant to the articles or bylaws constitutes a quorum of the board for the transaction of business. The articles or bylaws may require the presence of one

Section 5211 Board Meetings (cont’d) Place of meeting Participation via telephone, video or other communications

Quorum

or more specified directors in order to constitute a quorum of the board to transact business, as long as the death of a director or the death or nonexistence of the person or persons otherwise authorized to appoint or designate that director does not prevent the corporation from transacting business in the normal course of events. The articles or bylaws may not provide that a quorum shall be less than one-fifth the number of directors authorized in or pursuant to the articles or bylaws, or less than two, whichever is larger, unless the number of directors authorized in or pursuant to the articles or bylaws is one, in which case one director

constitutes a quorum. (8) Subject to the provisions of Sections 5212, 5233, 5234, 5235, and subdivision (e) of Section 5238, an act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the board. The articles or bylaws may not provide that a lesser vote than a majority of the directors present at a meeting is the act of the board. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for that meeting, or a greater number required by this division, the articles or the bylaws. (b) An action required or permitted to be taken by the board may be taken without a meeting, if all members of the board shall individually or collectively consent in writing to that action. The written consent or consents shall be filed with the minutes of the proceedings of the board. The action by written consent shall have the same force and effect as a unanimous vote of the directors. For purposes of this subdivision only, "all members of the board" does not include an "interested director" as defined in Section 5233.

Unanimous written consent

Application to incorporators and committees

(c) Each director present and voting at a meeting shall have one vote on each matter presented to the board of directors for action at that meeting. No director may vote at any meeting by proxy. (d) The provisions of this section apply also to incorporators, to committees of the board, and to action by

those incorporators or committees mutatis mutandis.

(a) Except as provided in subdivision (d), directors shall be elected for the terms, not longer than four years, as are fixed in the articles or bylaws. However, the terms of directors of a corporation without members may be up to six years. In the absence of any provision in the articles or bylaws, the term shall be one year. The articles or bylaws may provide for staggering the terms of directors by dividing the total number of directors into groups of one or more directors. The terms of office of the several groups and the number of directors in each group need not be uniform. No amendment of the articles or bylaws may extend the term of a director beyond that for which the director was elected, nor may any bylaw provision increasing the terms of directors be adopted without approval of the members (Section 5034). (b) Unless the articles or bylaws otherwise provide, each director, including a director elected to fill a vacancy, shall hold office until the expiration of the term for which elected and until a successor has been elected and qualified, unless the director has been removed from office. (c) The articles or bylaws may provide for the election of one or more directors by the members of any class voting as a class. (d) For the purpose of this subdivision, “designator� means one or more designators. Subdivisions (a) through (c) notwithstanding, all or any portion of the directors authorized in the articles or bylaws of a corporation may hold office by virtue of designation or selection by a specified designator as provided by the articles or bylaws rather than by election by a member or members. Such directors shall continue in office for the term prescribed by the governing article or bylaw provision, or, if there is no term prescribed, until the governing article or bylaw provision is duly amended or repealed, except as provided in subdivision (e) of Section 5222. A bylaw provision authorized by this subdivision may be adopted, amended, or repealed only by approval of the members (Section 5034), except as provided in subdivision (d) of Section 5150. Unless otherwise provided in the articles or bylaws, the entitlement to designate or select a director or directors shall cease if any of the following circumstances exist:

Section 5220 Terms of office

Election by members Designation or selection rather than election

(1) The specified designator of that director or directors has died or ceased to exist. (2) If the entitlement of the specified designator of that director or directors to designate is in the capacity of an officer, trustee, or other status and the office, trust, or status has ceased to exist.

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Section 5220 Terms of office (cont’d) Court appointment of directors

(e) If a corporation has not issued memberships and (1) all the directors resign, die, or become incompetent, or (2) a corporation's initial directors have not been named in the articles and all incorporators resign, die, or become incompetent before the election of the initial directors, the superior court of any county may appoint directors of the corporation upon application by any party in interest.

Section 5227 No more than 49% “interested persons” Who is “interested”

(a) Any other provision of this part notwithstanding, not more than 49 percent of the persons serving on the board of any corporation may be interested persons. (b) For the purpose of this section, "interested persons" means either: (1) Any person currently being compensated by the corporation for services rendered to it within the previous 12 months, whether as a full- or part-time employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a director as director; or (2) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughterin-law, mother-in-law, or father-in-law of any such person.

Violation of transactions not affected

(c) A person with standing under Section 5142 may bring an action to correct any violation of this section. The court may enter any order which shall provide an equitable and fair remedy to the corporation, including, but not limited to, an order for the election of additional directors, an order to enlarge the size of the board, or an order for the removal of directors.

(d) The provisions of this section shall not affect the validity or enforceability of any transaction entered into by a corporation. Section 5231 Duties and liabilities of directors

(a) A director shall perform the duties of a director, including duties as a member of any committee of the board upon which the director may serve, in good faith, in a manner such director believes to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. (b) In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: (1) One or more officers or employees of the corporation whom the director believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other persons as to matters which the director believes to be within such person's professional or expert competence; or (3) A committee of the board upon which the director does not serve that is composed exclusively of any

or any combination of directors, persons described in paragraph (1), or persons described in paragraph (2),

No liability when director complies with duties

Section 5233 Self-dealing

No knowledge of transactions

Attorney General action

No remedy if transaction meets tests

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as to matters within the committee’s designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. (c) Except as provided in Section 5233, a person who performs the duties of a director in accordance with subdivisions (a) and (b) shall have no liability based upon any alleged failure to discharge the person's obligations as a director, including, without limiting the generality of the foregoing, any actions or omissions which exceed or defeat a public or charitable purpose to which a corporation, or assets held by it, are dedicated. (a) Except as provided in subdivision (b), for the purpose of this section, a self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest and which does not meet the requirements of paragraph (1), (2), or (3) of subdivision (d). Such a director is an "interested director" for the purpose of this section. (b) The provisions of this section do not apply to any of the following: (1) An action of the board fixing the compensation of a director as a director or officer of the corporation. (2) A transaction which is part of a public or charitable program of the corporation if it: (i) is approved or authorized by the corporation in good faith and without unjustified favoritism; and (ii) results in a benefit to one or more directors or their families because they are in the class of persons intended to be benefited by the public or charitable program. (3) A transaction, of which the interested director or directors have no actual knowledge, and which does not exceed the lesser of 1 percent of the gross receipts of the corporation for the preceding fiscal year or one hundred thousand dollars ($100,000). (c) The Attorney General or, if the Attorney General is joined as an indispensable party, any of the following may bring an action in the superior court of the proper county for the remedies specified in subdivision (h): (1) The corporation, or a member asserting the right in the name of the corporation pursuant to Section 5710. (2) A director of the corporation. (3) An officer of the corporation. (4) Any person granted relator status by the Attorney General. (d) In any action brought under subdivision (c) the remedies specified in subdivision (h) shall not be granted if: (1) The Attorney General, or the court in an action in which the Attorney General is an indispensable party, has approved the transaction before or after it was consummated; or (2) The following facts are established: (A) The corporation entered into the transaction for its own benefit;

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(B) The transaction was fair and reasonable as to the corporation at the time the corporation entered into the transaction; (C) Prior to consummating the transaction or any part thereof the board authorized or approved the transaction in good faith by a vote of a majority of the directors then in office without counting the vote of the interested director or directors, and with knowledge of the material facts concerning the transaction and the director's interest in the transaction. Except as provided in paragraph (3) of this subdivision, action by a committee of the board shall not satisfy this paragraph; and (D) (i) Prior to authorizing or approving the transaction the board considered and in good faith determined after reasonable investigation under the circumstances that the corporation could not have obtained a more advantageous arrangement with reasonable effort under the circumstances or (ii) the corporation in fact could not have obtained a more advantageous arrangement with reasonable effort under the circumstances; or (3) The following facts are established: (A) A committee or person authorized by the board approved the transaction in a manner consistent with the standards set forth in paragraph (2) of this subdivision; (B) It was not reasonably practicable to obtain approval of the board prior to entering into the transaction; and (C) The board, after determining in good faith that the conditions of subparagraphs (A) and (B) of this paragraph were satisfied, ratified the transaction at its next meeting by a vote of the majority of the directors then in office without counting the vote of the interested director or directors. (e) Except as provided in subdivision (f), an action under subdivision (c) must be filed within two years after written notice setting forth the material facts of the transaction and the director' s interest in the transaction is filed with the Attorney General in accordance with such regulations, if any, as the Attorney General may adopt or, if no such notice is filed, within three years after the transaction occurred, except for the Attorney General, who shall have 10 years after the transaction occurred within which to file an action. (f) In any action for breach of an obligation of the corporation owed to an interested director, where the obligation arises from a self-dealing transaction which has not been approved as provided in subdivision (d), the court may, by way of offset only, make any order authorized by subdivision (h), notwithstanding the expiration of the applicable period specified in subdivision (e). (g) Interested directors may be counted in determining the presence of a quorum at a meeting of the board which authorizes, approves or ratifies a contract or transaction. (h) If a self-dealing transaction has taken place, the interested director or directors shall do such things and pay such damages as in the discretion of the court will provide an equitable and fair remedy to the corporation, taking into account any benefit received by the corporation and whether the interested director or directors acted in good faith and with intent to further the best interest of the corporation. Without limiting the generality of the foregoing, the court may order the director to do any or all of the following: (1) Account for any profits made from such transaction, and pay them to the corporation; (2) Pay the corporation the value of the use of any of its property used in such transaction; and (3) Return or replace any property lost to the corporation as a result of such transaction, together with any income or appreciation lost to the corporation by reason of such transaction, or account for any proceeds of sale of such property, and pay the proceeds to the corporation together with interest at the legal rate. The court may award prejudgment interest to the extent allowed in Section 3287 or 3288 of the Civil Code. In addition, the court may, in its discretion, grant exemplary damages for a fraudulent or malicious violation of this section.

Section 5233 Self-dealing (cont’d)

(a) There shall be no personal liability to a third party for monetary damages on the part of a volunteer director or volunteer executive officer of a nonprofit corporation subject to this part, caused by the director's or officer's negligent act or omission in the performance of that person's duties as a director or officer, if all of the following conditions are met: (1) The act or omission was within the scope of the director's or executive officer's duties. (2) The act or omission was performed in good faith. (3) The act or omission was not reckless, wanton, intentional, or grossly negligent. (4) Damages caused by the act or omission are covered pursuant to a liability insurance policy issued to the corporation, either in the form of a general liability policy or a director's and officer's liability policy, or personally to the director or executive officer. In the event that the damages are not covered by a liability insurance policy, the volunteer director or volunteer executive officer shall not be personally liable for the damages if the board of directors of the corporation and the person had made all reasonable efforts in good faith to obtain available liability insurance. (b) "Volunteer" means the rendering of services without compensation. "Compensation" means remuneration whether by way of salary, fee, or other consideration for services rendered. However, the payment of per diem, mileage, or other reimbursement expenses to a director or executive officer does not affect that person's status as a volunteer within the meaning of this section. (c) "Executive officer" means the president, vice president, secretary, or treasurer of a corporation, or such other individual who serves in like capacity, who assists in establishing the policy of the corporation. (d) Nothing in this section shall limit the liability of the corporation for any damages caused by acts or omissions of the volunteer director or volunteer executive officer. (e) This section does not eliminate or limit the liability of a director or officer for any of the following: (1) As provided in Section 5233 or 5237.

Section 5239 Immunities of volunteer officer or director

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Time to file action

Court authority

Interested directors may count for quorum Remedies for self-dealing transactions

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Section 5239 Immunities of volunteer officer or director (cont’d)

Attempt to obtain liability insurance

(2) In any action or proceeding brought by the Attorney General. (f) Nothing in this section creates a duty of care or basis of liability for damage or injury caused by the acts or omissions of a director or officer. (g) This section is only applicable to causes of action based upon acts or omissions occurring on or after January 1, 1988. (h) As used in this section as applied to nonprofit public benefit corporations which have an annual budget of less than twenty-five thousand dollars ($25,000) and that are exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, the condition of making "all reasonable efforts in good faith to obtain available liability insurance" shall be satisfied by the corporation if it makes at least one inquiry per year to purchase a general liability insurance policy and that insurance was not available at a cost of less than 5 percent of the previous year's annual budget of the corporation. If the corporation is in its first year of operation, this subdivision shall apply for as long as the budget of the corporation does not exceed twenty-five thousand dollars ($25,000) in its first year of operation. An inquiry pursuant to this subdivision shall obtain premium costs for a general liability policy with an amount of coverage of at least five hundred thousand dollars ($500,000).

Section 5812 Amendment of article of incorporation Amendments approved by class of members

(a) Except as provided in this section or Section 5813.5, amendments may be adopted if approved by the board and approved by the members (Section 5034) and approved by such other person or persons, if any, as required by the articles. The approval by the members or other person or persons may be before or after the approval by the board. (b) Notwithstanding subdivision (a), the following amendments may be adopted by approval of the board alone: (1) An amendment extending the corporate existence or making the corporate existence perpetual, if the corporation was organized prior to August 14, 1929. (2) An amendment deleting the names and addresses of the first directors or the name and address of the initial agent. (3) Any amendment, at a time the corporation has no members; provided, however, that if the articles require approval by any person for an amendment, that an amendment may not be adopted without such approval. (4) An amendment adopted pursuant to Section 9913. (c) Whenever the articles require for corporate action the approval of a particular class of members or of a larger proportion of, or all of, the votes of any class, or of a larger proportion of, or all of, the directors, than is otherwise required by this part, the provision in the articles requiring such greater vote shall not be altered, amended or repealed except by such class or such greater vote, unless otherwise provided in the articles.

Section 6320 Records of corporation

(a) Each corporation shall keep: (1) Adequate and correct books and records of account; (2) Minutes of the proceedings of its members, board and committees of the board; and (3) A record of its members giving their names and addresses and the class of membership held by each. (b) Those minutes and other books and records shall be kept either in written form or in any other form capable of being converted into clearly legible tangible form or in any combination of the foregoing. When minutes and other books and records are kept in a form capable of being converted into clearly legible paper form, the clearly legible paper form into which those minutes and other books and records are converted shall be admissible in evidence, and accepted for all other purposes, to the same extent as an original paper record of the same information would have been, provided that the paper form accurately portrays the record.

Section 6321 Annual report to member(s)

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(a) Except as provided in subdivision (c), (d), or (f), the board shall cause an annual report to be sent to the members not later than 120 days after the close of the corporation's fiscal year. Unless otherwise provided by the articles or bylaws and if approved by the board of directors, that report and any accompanying material sent pursuant to this section may be sent by electronic transmission by the corporation (Section 20). That report shall contain in appropriate detail the following: (1) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year. (2) The principal changes in assets and liabilities, including trust funds, during the fiscal year. (3) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (4) The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year. (5) Any information required by Section 6322. (b) The report required by subdivision (a) shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the corporation that such statements were prepared without audit from the books and records of the corporation. (c) Subdivision (a) does not apply to any corporation which receives less than twenty-five thousand dollars ($25,000) in gross revenues or receipts during the fiscal year. (d) Where a corporation has provided, pursuant to Section 5510, for regular meetings of members less often than annually, then the report required by subdivision (a) need be made to members only with the

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frequency with which regular membership meetings are required, unless the articles or bylaws require a report more often. (e) Subdivisions (c) and (d) notwithstanding, a report with the information required by subdivision (a) shall be furnished annually to: (1) All directors of the corporation; and (2) Any member who requests it in writing. (f) A corporation which in writing solicits contributions from 500 or more persons need not send the report otherwise required by subdivision (a) if it does all of the following: (i) Includes with any written material used to solicit contributions a written statement that its latest annual report will be mailed upon request and that such request may be sent to the corporation at a name and address which is set forth in the statement. The term "annual report" as used in this subdivision refers to the report required by subdivision (a). (ii) Promptly mails a copy of its latest annual report to any person who requests a copy thereof; and (iii) Causes its annual report to be published not later than 120 days after the close of its fiscal year in a newspaper of general circulation in the county in which its principal office is located.

Section 6321 Annual report to member(s) (cont’d)

(a) Any provision of the articles or bylaws notwithstanding, every corporation shall furnish annually to its members and directors a statement of any transaction or indemnification of a kind described in subdivision (d) or (e), if any such transaction or indemnification took place. If the corporation issues an annual report to all members, this subdivision shall be satisfied by including the required information in the annual report. A corporation which does not issue an annual report to all members, pursuant to subdivision (c) or (d) of Section 6321, shall satisfy this section by mailing or delivering to its members the required statement within 120 days after the close of the corporation's fiscal year. Unless otherwise provided by the articles or bylaws and if approved by the board of directors, that statement may be sent by electronic transmission by the corporation (Section 20). (b) Except as provided in subdivision (c), a covered transaction under this section is a transaction in which the corporation, its parent, or its subsidiary was a party, and in which either of the following had a direct or indirect material financial interest: (1) Any director or officer of the corporation, or its parent or subsidiary. (2) Any holder of more than 10 percent of the voting power of the corporation, its parent or its subsidiary. For the purpose of subdivision (d), an "interested person" is any person described in paragraph (1) or (2) of this subdivision. (c) For the purpose of subdivision (b), a mere common directorship is not a material financial interest. (d) The statement required by subdivision (a) shall describe briefly: (1) Any covered transaction during the previous fiscal year involving more than fifty thousand dollars ($50,000), or which was one of a number of covered transactions in which the same interested person had a direct or indirect material financial interest, and which transactions in the aggregate involved more than fifty thousand dollars ($50,000). (2) The names of the interested persons involved in such transactions, stating such person's relationship to the corporation, the nature of such person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a transaction with a partnership of which such person is a partner, only the interest of the partnership need be stated. (e) The statement required by subdivision (a) shall describe briefly the amount and circumstances of any indemnifications or advances aggregating more than ten thousand dollars ($10,000) paid during the fiscal year to any officer or director of the corporation pursuant to Section 5238; provided that no such report need be made in the case of indemnification approved by the members (Section 5034) under paragraph (2) of subdivision (e) of Section 5238.

Section 6322 Transactions or indemnification

GOVERNMENT CODE Section 6528 Risk Pooling A charter school, including a charter school organized pursuant to Section 47604 of the Education Code, may be considered a public agency, as defined in Section 6500, for the purpose of being eligible for membership in a joint powers agreement for risk-pooling. NONPROFIT PUBLIC INTEGRITY ACT: Compensation of Officers (g) The board of directors of a charitable corporation or unincorporated association, or an authorized committee of the board, and the trustee or trustees of a charitable trust shall review and approve the compensation, including benefits, of the president or chief executive officer and the treasurer or chief financial officer to assure that it is just and reasonable. This review and approval shall occur initially upon the hiring of the officer, whenever the term of employment, if any, of the officer is renewed or extended, and whenever the officer's compensation is modified. Separate review and approval shall not be required if a modification of compensation extends to substantially all employees. If a charitable corporation is affiliated with other charitable corporations, the requirements of this section shall be satisfied if review and approval is obtained from the board, or an authorized committee of the board, of the charitable corporation that makes retention and compensation decisions regarding a particular individual.

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Covered transactions

Indemnification or advances greater than $10,000

Section 6528 Risk pooling joint powers authority

Section 12586(g) Compensation of Officers

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Section 17078.52 Charter Schools Facilities Program; establishment; Charter Schools Facilities Accounts; definitions; transfer of funds

Section 17078.53 Initial preliminary applications; deadline; subsequent application periods; submission of preliminary applications; contents; consideration; approval; pupil attendance

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OTHER APPLICABLE EDUCATION CODE PROVISIONS Charter Schools Facilities (a) There is hereby established the Charter Schools Facilities Program to provide funding to qualifying entities for the purpose of establishing school facilities for charter school pupils. (b)(1) The 2002 Charter School Facilities Account is hereby established within the 2002 State School Facilities Fund established pursuant to subdivision (b) of Section 17070.40. The proceeds of bonds, as set forth in subparagraph (A) of paragraph (1) of subdivision (a) of Section 100620, if approved by the voters, shall be deposited into the 2004 Charter School Facilities Account for the purpose of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (2) The 2004 Charter School Facilities Account is hereby established within the 2004 State School Facilities Fund established pursuant to subdivision (c) of Section 17070.40. The proceeds of bonds, as set forth in subparagraph (A) of paragraph (1) of subdivision (a) of Section 100820, if approved by the voters, shall be deposited into the 2004 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (3) The 2006 Charter School Facilities Account is hereby established within the 2006 State School Facilities Fund established pursuant to subdivision (d) of Section 17070.40. The proceeds of bonds, as set forth in paragraph (2) of the subdivision (a) of Section 101012, if approved by the voters, shall be deposited into the 2006 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (c) As used in this article, the following terms have the following meanings: (1) “Authority” means the California School Finance Authority established pursuant to Section 17172. (2) “Account” means the pertinent account established under subdivision (b) . (3) “Preliminary apportionment” means an apportionment made for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. The process for making preliminary apportionments under this article shall be substantially identical to the process established for critically overcrowded schools pursuant to Sections 17078.22 to 17078.30, inclusive. (4) “Financially sound” means a charter school that has demonstrated, over a period of tie determined by the authority, but not less than 24 months immediately preceding the submission of the application, that it has operated as a financially capable concern in California, as measured by criteria established by the authority. A charter school that cannot demonstrate that it has bee a financially capable concern for at least 24 months immediately preceding the submission of the application, due solely to not having operated as a charter school for at least 24 months, may meet this 24-month requirement if the charter school is managed by staff who have at least 24 months of documented experience, as measured by criteria established by the authority and the charter school has an educational plan, financial resources, facilities expertise, management expertise, and has been a financially capable concern for at least 24 months, as established by the authority. (d) The board shall, from time to time, transfer funds within the account to the California School Finance Authority Fund for the purposes of this article pursuant to the request of the authority as set forth in this article. (a) The initial preliminary applications for projects to be funded pursuant to this article shall be submitted to the board by March 31, 2003. Thereafter, the board may establish subsequent application periods as needed. (b) Preliminary applications may be submitted by eligible applicants as set forth in this article by either of the following: (1) A school district on behalf of a charter school that is physically located within the geographical jurisdiction of the school district. (2) A charter school on its own behalf if the charter school has notified both the superintendent and the governing board of the school district in which it is physically located of its intent to do so in writing at least 30 days prior to submission of the preliminary application. (c) A preliminary application shall demonstrate either of the following: (1) That a charter petition for the school for which the application is submitted has been granted to the appropriate chartering entity prior to the application deadline determined by the board. (2) That an already existing charter has been amended to include the school for which the application is submitted and approved by the appropriate chartering entity prior to the deadline determined by this board. (d) A preliminary application shall include either of the following: (1) For a preliminary application submitted pursuant to paragraph (1) of subdivision (b), the number of unhoused pupils determined pursuant to Article 3 (commencing with Section 17071.75) that will be housed by the project for which the preliminary application has been submitted. (2) For a preliminary application submitted pursuant to paragraph (2) of subdivision (b), a certification from the governing board of the district within which the charter school is physically located of the number of unhoused pupils for that district determined pursuant to Article 3 (commencing with Section 17071.75) that will be housed by the project for which the preliminary application has been submitted.

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(e) Prior to submitting a preliminary application, the school district and charter school shall consider existing school district facilities in accordance with Section 47614. (f) The board, after consideration of the recommendations of the authority regarding whether a charter school is financially sound, shall approve the preliminary application and shall make the preliminary apportionment for funding pursuant to this article. (g)(1) The board shall establish a process to ensure that pupil attendance in a charter school that is physically located within the geographical jurisdiction of a school district is counted as per-pupil eligibility for that school district and to ensure that the same per-pupil attendance is not so counted for any other school district or other applicant under this chapter. (2)(A) Except as provided pursuant to subparagraph (B) and notwithstanding subdivision (b) of Section 17071.75, the number of pupils for which facilities are provided under this article shall not be included in the sum determined under subdivision (b) of Section 17071.75. (B) The number of unhoused pupils determined pursuant to subdivision (d) that will be housed by the project for which a preliminary application has been submitted shall be included in the sum determined under subdivision (b) of Section 17071.75. (h) The board shall establish a process to be used for release of funds for approved projects pursuant to this article. Notwithstanding Section 17072.30, the board may provide for the release of planning and site acquisition funds prior to the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281. (a) An eligible project under this article shall include funding, as permitted by this chapter, for new construction or rehabilitation of a school facility for charter school pupils, as set forth in this article. A project may include, but is not limited to, the cost of retrofitting an existing building for charter school purposes, purchasing a building, or retrofitting a building that has been purchased by the charter school, if those costs have not been previously funded under this chapter, but may not exceed the amounts set forth in subdivision (b). Existing school buildings made available by a school district that will be rehabilitated for the purposes of this article are not subject to Article 6 (commencing with Section 17073.10). An allocation of funds shall not be made for a school facility that is less than 15 years old. (b) The maximum amount of the funding pursuant to this arti8cle shall be determined by calculating the charter school’s per-pupil grant amount plus other allowable costs as set forth in this chapter. Funding shall be provide by the authority for new facility construction or rehabilitation as set forth in Section 17078.58. (c) To be funded under this article, a project shall comply with all of the following: (1) It shall meet all the requirements regarding public school construction, plan approvals, toxic substance review, site selection, and site approval, as would any noncharter school project of a school district under this chapter, including, but not limited to, regulations adopted by the State Architect pursuant to Section 17280.5 relating to the retrofitting of existing buildings, as applicable. (2) Notwithstanding any provision of law to the contrary, including, but not limited to paragraph (1), the board, after consulting with the relevant regulatory agencies, shall, to the extent feasible, adopt regulations establishing a process for projects to be subject to a streamlined method for obtaining regulatory approvals for all requirements described in paragraph (1), except for the requirements of the Field Act as defined in Section 17281 which shall be complied with in the same manner s any other project under this chapter. (3) The board shall fund only new construction to be physically located within the geographical jurisdiction of a school district . (d) Facilities funded pursuant to this article shall have a 50 percent local share matching obligation that may be paid by the applicant through lease payments in lieu of the matching share, or as otherwise set forth in this article, including, but not limited to, Section 17078.58. (e) The authority may charge its administrative costs against the respective 2002, 2004 or 2006 Charter School Facilities Account, which shall be subject to the approval of the Department of Finance and which may not exceed 2.5 percent of the account. (a) The board, in consultation with the authority, shall approve projects pursuant to this article as otherwise set forth in this chapter, and shall make preliminary apportionments only to financially sound applicants in accordance with all of the following criteria: (1) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of the various geographical regions of the state. (2) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of urban, rural, and suburban regions of the state. (3) The board shall seek to ensure that, when considered as s whole, the applications approved pursuant to this article are fairly representative of large, medium, and small charter schools throughout the state. (4) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of the various grade levels of pupils served by charter school applicant throughout the state. (b) While ensuring that the requirements of subdivision (a0 are met when considering all approved projects under this article as a whole, the board shall, within each factor of the criteria set forth in subdivision (a), give a preference to charter schools in overcrowded school districts, charter schools in lowincome areas, charter schools operated by not-for-profit entities, and charter schools that utilize existing school district facilities.

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Section 17078.53 Initial preliminary applications; deadline; subsequent application periods; submission of preliminary applications; contents; consideration; approval; pupil attendance (cont’d)

Section 17078.54 New construction or rehabilitation funding; maximum amount of funding under this article; requirements; local share matching obligations; administrative costs

Section 17078.56 Approval of projects; criteria; preferences

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Section 17078.57 Adoption of regulations

Section 17078.58 Maximum amount of funding; collection of local share equivalent in the form of lease payments

Section 17078.62 Continued use of facility; effect of ceasing to utilize facility for charter school purposes

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(a) The authority, in consultation with the board, shall adopt regulations establishing uniform terms and conditions that shall apply equally to all projects for funding in accordance with Section 17078.58, including, but not limited to, all of the following: (1) The process for determining the manner in which the applicant will pay its local matching share, including the method for determining lease payments to be made in lieu of the local matching share. The regulations shall comply with all of the following criteria: (A) The payment process set forth in Section 17199.4 may be used. (B) The payment process shall permit lump-sum local matching payments and shall permit establishment of a schedule for lease payments to be made in lieu of the local matching share. (C) The lease payment schedule shall be calculated by amortizing one-half of the total approved project cost, minus lump-sum payments, over the entire payment period as set forth in Section 17078.58. (D) The payment schedule for payments in lieu of the local matching funds pursuant to this section shall be based upon payment, within a reasonable period of time not to exceed a 30-year period, of one-half of the total eligible project costs, and shall be calculated in a manner that is designed to result in full payment of that portion, together with interest thereon at a rate set by the authority. The interest rate shall be set using the lower of the following: (i) The rate paid on moneys in the Pooled Money Investment Account as of the date of disbursement of the funding. (ii) A rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, and the interest rate shall be computed according to the true interest cost method. (E) Notwithstanding subparagraph (D), the authority shall not set the interest rate on a loan at a rate lower than 2 percent. Program participants that have locked in an interest rate before January 1, 2009, may reset their payment schedule based on the interest rate set pursuant to subparagraph (D) as of January 1, 2009. Program participants executing an agreement on and after January 1, 2009, shall have their interest rate set at the time the funding agreement is executed and shall not renegotiate interest rates without prior approval of the authority. (2) The method for determining whether a charter school is financially sound. I the case of a charter school chartered by a school district that is located outside of the school district that chartered it, the method developed by the authority shall include, but shall not be limited to, a site visit to the school facility currently being used by the charter school during hours when pupils are present and instruction is being provided. (3)(A) Security provisions, including, but not limited to, whether title to project facilities shall be held by the school district in which the facility is to be physically located, in trust, for the benefit of the state public school system, or by another entity as authorized pursuant to Section 17078.63. (B) The authority shall adopt a mechanism whereby a person or entity who provides substantial contribution that is applied to the costs of the project in excess of the state share and the local matching share may be granted a security interest to be satisfied from the proceeds, if any, realized when the property is ultimately disposed of as set forth in paragraph (5) of subdivision (b) of Section 17078.62. (4) The method for integrating funding pursuant to this article with the general procedures of the authority pursuant to subdivision (i) of Section 17180 for otherwise funding projects eligible for funding under this chapter, if appropriate. (b) The authority may adopt, amend, or repeal rules and regulations pursuant to this chapter as emergency regulations. The adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (a) Funding granted pursuant to this article may not exceed 100 percent of the total allowable project costs as determined by calculating double the per-pupil grant eligibility set forth in Section 17072.10, and subdivision (e) of Section 17078.53, plus 100 percent of all other allowable construction project costs as appropriate to the project, that would otherwise be available to school district projects as set forth in this chapter. Funding granted for the purposes of rehabilitating buildings under Section 17078.54 shall be limited to the costs necessary to comply with subdivision (c) of Section 17078.54, and shall not exceed the maximum costs that would otherwise be allowable for a new construction project funded under this article. (b) The local share equivalent shall be collected in the form of lease payments or otherwise as set forth in this article. (c) Lease payments in lieu of local share payments, and any other local share payments made pursuant to this article, shall be made to the board for deposit into the respective 2002, 2004, or 2006 Charter School Facilities Account. Funds deposited into the account pursuant to this section may be used by the board only for a purpose related to charter school facilities pursuant to this article. (d) When a preliminary apportionment under this article is converted to a final apportionment, any funds not needed for the final apportionment shall remain in the 2002, 2004 or 2006 Charter School Facilities Account for use by the board for any purpose related to charter school facilities pursuant to this article. (a) As a first priority, the existing charter school shall be permitted to continue to use the facility until it is no longer needed by the charter school for charter school purposes. (b) If the charter school occupying a facility funded pursuant to this article ceases to utilize the facility for a charter school purpose, all of the following apply:

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(1) If the charter school is no longer using the facility because the school district in which the charter school is located has revoked or declined to renew the charter, the school district, as a necessary component of the first priority established in subdivision (a), may not immediately occupy the facility, but shall allow a reasonable time, not to exceed six months, for completion of the review process contemplated in Section 47607 or 47607.5. (2) As a second priority, any qualifying successor charter school shall be permitted to meet its facility needs by occupying the facility on equal terms as the prior charter school occupant, including, but not limited to,

Section 17078.62 Continued use of facility; effect of ceasing to utilize facility for charter school purposes (cont’d)

assumption of fee simple title to the facility, as described in paragraph (3) of subdivision (a) of Section 17078.63.

(3) As a third priority, the school district in which the charter school is physically located may notify the authority and take possession and take title to the facility, if the title is not already held by the district, and make the facility available for continued use as a public school facility. (4) If the school district in which the charter school is physically located elects to take possession of a facility pursuant to paragraph (3), it shall pay the balance of the unpaid local matching share or demonstrate that it is willing and able to continue to make the lease payments in lieu of the local matching share on the same terms. However, the payments shall be reduced or eliminated, as appropriate, if the school district complies with all of the following: (A) It demonstrates that it would have been eligible for hardship funding under Article 8 (commencing with Section 17075.10) at the time that the application for funding the facility under this article was originally submitted. (B) It certifies to the board that it will utilize the facilities for public school purposes for a period of at least five years from the date that it occupies the facility. (5)(A) IF the school district declines to take possession pursuant to paragraph (3), or if the facility is subsequently no longer needed for public school purposes, the school district shall dispose of the facilities in a manner otherwise applicable to the disposal of surplus public schoolsites. Any unpaid local matching share shall be paid from the net proceeds if any, of the disposition and shall be deposited into the respective 2002, 2004, or 2006 Charter School Facilities Account. To the extent that funds remain from the proceeds of the disposition after repayment of the local matching share, any security interest granted to a person or entity pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 17078.57 shall be satisfied. Funds remaining from the proceeds after any security interest has been satisfied shall be paid to

the school district in which the facility is located to be used for capital improvements in the school district. (B) If title to the facility is held by a charter school or a local governmental entity other than the school district, and the school district declines to dispose of the facility, the board shall dispose of the facility in accordance with the provisions that would otherwise apply to the disposal of surplus school property by the school district, including, but not limited to, Chapter 4 (commencing with Section 17385) of Part 10.5. The proceeds of the disposition shall be distributed in accordance with subparagraph (A). (6) If the lease payments in lieu of the local matching share are fully paid, the school district shall continue to hold title to the facility, in trust, for the benefit of the state public school system. The school district shall permit continued use of the facility for charter school purposes as long as the facility is needed for those purposes.

(a) Prior to the release of funds for an application submitted pursuant to paragraph (2) of subdivision (b) of Section 17078.53 for site acquisition or new construction final apportionments, applicants shall provide one of the following: (1) Documentary evidence that the school district in which the facility is to be physically located holds title to the project facilities in trust for the benefit of the state public school system. (2) Documentary evidence that a local governmental entity, including, but not limited to, a county board of education, a city, a county, or a city and county, holds title to the project facilities in trust for the benefit of the state public school system, subject to both of the following conditions: (A) Consistent with the prohibition in Section 6 of Article IX of the California Constitution regarding governance of public schools, a city, county, city and county, or other local governmental entity not included within the public school system that holds title pursuant to this paragraph shall not exercise any control over the operation of the charter school. (B) The following shall be recorded in the chain of title for the property: (i) A restrictive covenant specifying that the facility shall be used only for public school purposes as authorized in the California Constitution and statute. (ii) A remainder interest to the school district in which the facility is physically located or, if the school district disclaims the interest to the facility, to the board. The remainder interest shall be triggered when the facility is no longer needed for charter school purposes and shall then be subject to paragraphs (2) to (6), inclusive, of subdivision (b) of Section 17078.62. (3)(A) A request that the charter school be authorized to hold fee simple title to the subject property in trust of the benefit of the state public school system, on which a lien shall be recorded in favor of the board for the total amount of funds allocated pursuant to this article, including any loan received in lieu of a local matching share pursuant to Section 17078.57. The charter school shall include with the request a statement outlining the reasons why ownership of the project facilities is not vested in an entity set forth in paragraph (1) or (2). Prior to releasing any project funds, the board shall make findings that the applicant has submitted all of the information required by this paragraph. (B) The following shall be recorded in the chain of title for the property: Procopio, Cory, Hargreaves & Savitch LLP

Section 17078.63 Submission requirements; applicants of specified section; request to transfer title to project facilities

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Section 17078.63 Submission requirements; applicants of specified section; request to transfer title to project facilities (cont’d)

(i) A restrictive covenant specifying that the facility shall be used only for public school purposes as authorized in the California Constitution and statute. (ii) A remainder interest to the school district in which the facility is physically located or, if the school district disclaims the interest to the facility, to the board. The remainder interest shall be triggered when the facility is no longer needed for charter school purposes and shall then be subject to paragraphs (2) to (6), inclusive, of subdivision (b) of Section 17078.62. (b) A charter school ma request a school district to transfer title to project facilities to an entity authorized by paragraph (2) or (3) of subdivision (a) if the school district entered into an agreement, prior to January 1, 2010, to hold title to those facilities. A school district that receives a request pursuant to this subdivision may transfer the title to the entity designated in the request pursuant to terms and conditions mutually agreed upon by the district and the charter school. (c) The board may adopt regulations to implement this section.

Section 17078.64 Election to use general funding provisions of this chapter rather than this article; adoption of regulations to implement this article; application of article

(a) In lieu of applying for funding under this article, a school district may elect to include facilities for a charter school that would be physically located within its geographical jurisdiction within its application fro funding pursuant to the general provisions of this chapter, other than this article. However, the project would be outside the scope of this article, would not be subject to its provisions, and shall comply with this chapter in the same manner as any noncharter project. Any per-pupil eligibility that is use for that project shall not, also, support any project under this article. (b) Except for those provisions in which the authority is expressly required or authorized to adopt regulations pursuant to this article, the board in consultation with the authority shall adopt regulations to implement this article. The board may adopt, amend, or repeal rules and regulations pursuant to this article as emergency regulations. Until July 1, 2004, the adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (c) This article is not applicable to projects funded with the proceeds of state general obligation bonds approved by the voters prior to January 1, 2002.

Section 17078.66 Joint report by State Allocation Board and California School Finance Authority

The State Allocation Board and the California School Finance Authority shall jointly report to the Legislature by July 1, 2005, regarding all of the following: (a) The implementation of this article, including, but not limited to, a description of the projects funded pursuant to this article from the Kindergarten-University Public Education Facilities Bond Act of 2004. (b) A description of the process whereby the board provides funding for charter school facilities under provisions of this chapter other than this article. (c) Recommendations, if any, regarding statutory changes needed to facilitate and streamline the process described in subdivision (b). Financial Reporting

Section 42100 Annual Financial Statement

(a) On or before September 15, the governing board of each school district shall approve, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the district for the preceding fiscal year and shall file the statement, along with the statement received pursuant to subdivision (b), with the county superintendent of schools. On or before October 15, the county superintendent of schools shall verify the mathematical accuracy of the statements and shall transmit a copy to the Superintendent of Public Instruction. (b) On or before September 15, each charter school shall approve, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the charter school for the preceding fiscal year and shall file the statement with the entity that approved the charter school. (c) The forms prescribed by the Superintendent of Public Instruction shall be adopted as regulations by the State Board of Education, and may be amended periodically to accommodate changes in statute or government reporting standards. Fingerprinting and Criminal Background Statutes

Section 44830.1 Certificated positions

Violent or serious felony Sections 667.5 and 1192.7 of Penal Code

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(a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee's second probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony.

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(c) (1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (2) For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction. (3) For purposes of this section, the term "school district" has the same meaning as defined in Section 41302.5. (d) When the governing board of any school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the person's fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice. (e) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. (f) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (g) Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (h) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employee's second probationary year, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (i) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (j) Notwithstanding Section 47610, this section applies to a charter school. (k) This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met: (1) The employee's original application for credential was accompanied by that person's fingerprints. (2) The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals. (l) Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k). (m) This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997. (n) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708 inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.

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Section 44830.1 Certificated positions (cont’d)

Temporary, substitute or probationary certificated employees

Notification of criminal information

Certificate of rehabilitation and pardon Serious felony that is not also a violent felony

Immediate leave or termination without pay

Subsequent arrest service Applies to charter schools Renewal of credential

Temporary certificate Permanent employee of another district

DOJ information is confidential

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Section 45122.1 No person convicted of a violent or serious felony shall be employed Violent or serious felony Sections 667.5 and 1192.7 of the Penal Code

Certification or rehabilitation and pardon Serious felony that is not also a violent felony

Immediate leave or termination without pay

Applies to charter schools Section 45125.1 Criminal background check required for contractors who may have contact with pupils

Background check not required in emergency

Background check not required when contractor has limited contact with pupils

Background check may be required for other schoolsite services

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(a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be employed by a school district pursuant to this chapter. A school district shall not retain in employment a current classified employee who has been convicted of a violent or serious felony, and who is a temporary, substitute, or a probationary employee who has not attained permanent status. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c) (1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (2) For purposes of this section, the term "school district" has the same meaning as defined in Section 41302.5. (d) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone and shall be confirmed in writing and delivered to the school district by first-class mail. (e) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent of serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (f) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (g) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone that a current temporary, substitute, or probationary employee who has not attained permanent status, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (h) Notwithstanding Section 47610, this section applies to a charter school. (a) Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a school district, as defined in Section 41302.5, to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application: (1) School and classroom janitorial. (2) Schoolsite administrative. (3) Schoolsite grounds and landscape maintenance. (4) Pupil transportation. (5) Schoolsite food-related. (b) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. then the person may seek a finding of rehabilitation from the court in the school district in which he or she is resident. (c) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district when the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district has made this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. (d) A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 45125.2 and the entity's employees to comply with the requirements of this section, unless the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district makes this determination, the school district shall

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take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a school district requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision. (e) (1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the department shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the department shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer. (2) The Department of Justice, at its discretion, may notify the school district in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1. (3) The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (f) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1. (g) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and (h) An entity having a contract as specified in subdivision (a) on the effective date of this section and an entity required to comply with this section pursuant to subdivision (d) by a school district with which it has a contract on the effective date of the amendments made to this section during the 1997-98 Regular Session shall complete the requirements of this section within 90 days of that date. (i) For purposes of this section, a charter school shall be deemed to be a school district. (j) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section. OTHER CHARTER SCHOOL REGULATIONS (5 Cal Code Regs) (a) As used in Education Code section 47612, "attendance" means the attendance of charter school pupils while engaged in educational activities required of them by their charter schools, on days when school is actually taught in their charter schools. "Regular average daily attendance" shall be computed by dividing a charter school's total number of pupil-days of attendance by the number of calendar days on which school was actually taught in the charter school. For purposes of determining a charter school's total number of pupil-days of attendance, no pupil may generate more than one day of attendance in a calendar day. (b) The State Superintendent of Public Instruction shall proportionately reduce the amount of funding that would otherwise have been apportioned to a charter school on the basis of average daily attendance for a fiscal year, if school was actually taught in the charter school on fewer than 175 calendar days during that fiscal year. (c) (1) Beginning in 2004-05, a pupil who is over the age of 19 years may generate attendance for apportionment purposes in a charter school only if both of the following conditions are met:

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Section 45125.1 Criminal background check required for contractors who may have contact with pupils (cont’d) DOJ check of arrest or conviction of any crime

DOJ may verify records with FBI

No contact with pupils until DOJ ascertains no felony conviction

Contractor’s certification of compliance with DOJ background check

Section 11960 Average daily attendance

Reduction for fewer than 175 days Age limits

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Section 11960 Average daily attendance (cont’d)

Section 11962 Definition of Procedures for School Closure

Section 11962.1 Definitions Related to the Duties of a Chartering Authority

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(A) The pupil was enrolled in a public school in pursuit of a high school diploma (or, if a student in special education, an individualized education program) while 19 years of age and, without a break in public school enrollment since that time, is enrolled in the charter school and is making satisfactory progress towards award of a high school diploma (or, if a student in special education, satisfactory progress in keeping with an individualized education program) consistent with the definition of satisfactory progress set forth in subdivision (b) of Section 11965. (B) The pupil is not over the age of 22 years. (2) This subdivision shall not apply to a charter school program specified in Education Code section 47612.1. A charter school program as specified in Education Code section 47612.1 may be either: (A) the whole of a charter school, if the school has an exclusive partnership agreement with one or more of the programs specified in Education Code section 47612.1 and serves no other pupils; or (B) an instructional program operated by a charter school that is exclusively dedicated to pupils who are also participating in one of the programs specified in Education Code section 47612.1, provided that arrangement is set forth in an exclusive partnership agreement between the charter school and one or more of the programs specified in Education Code section 47612.1. (d) No individual who is ineligible to generate attendance for apportionment purposes in a charter school pursuant to subdivision (c) may be claimed as regular attendance for apportionment purposes by a local education agency that is authorized by law to grant charters. This subdivision shall not apply to claims other than claims for regular attendance for apportionment purposes. As used in Education Code sections 47605(b)(5)(P) and 47605.6(b)(5)(Q), "procedures" means, at a minimum, each of the following: (a) Designation of a responsible entity to conduct closure-related activities. (b) Notification of the closure of the charter school to parents (guardians) of pupils, the authorizing entity, the county office of education (unless the county board of education is the authorization entity), the special education local plan area in which the school participates, the retirement systems in which the school's employees participate (e.g., Public Employees' Retirement System, State Teachers' Retirement System, and federal social security), and the California Department of Education, providing at least the following: (1) The effective date of the closure; (2) The name(s) of and contact information for the person(s) to whom reasonable inquiries may be made regarding the closure; (3) The pupils' school districts of residence; and (4) The manner in which parents (guardians) may obtain copies of pupil records, including specific information on completed courses and credits that meet graduation requirements. (c) Provision of a list of pupils in each grade level and the classes they have completed, together with information on the pupils' district of residence, to the responsible entity designated in subdivision (a). (d) Transfer and maintenance of all pupil records, all state assessment results, and any special education records to the custody of the responsible entity designated in subdivision (a), except for records and/or assessment results that the charter may require to be transferred to a different entity. (e) Transfer and maintenance of personnel records in accordance with applicable law. (f) Completion of an independent final audit within six months after the closure of the school that may function as the annual audit, and that includes at least the following: (1) An accounting of all financial assets, including cash and accounts receivable and an inventory of property, equipment, and other items of material value. (2) An accounting of the liabilities, including accounts payable and any reduction in apportionments as a result of audit findings or other investigations, loans, and unpaid staff compensation. (3) An assessment of the disposition of any restricted funds received by or due to the charter school. (g) Disposal of any net assets remaining after all liabilities of the charter school have been paid or otherwise addressed, including but not limited to, the following: (1) The return of any grant funds and restricted categorical funds to their source in accordance with the terms of the grant or state and federal law, as appropriate, which may include submission of final expenditure reports for entitlement grants and the filing of any required Final Expenditure Reports and Final Performance Reports. (2) The return of any donated materials and property in accordance with any conditions established when the donation of such materials or property was accepted. (h) Completion and filing of any annual reports required pursuant to Education Code section 47604.33. (i) Identification of funding for the activities identified in subdivisions (a) through (h). (a) "Notification" as used in Education Code section 47604.32(e) means the transmission to the California Department of Education of at least the following: (1) A description of the circumstances of the closure; (2) The effective date of the closure; and (3) The location of pupil records and personnel records. (b) "Personnel records" as used in subdivision (a) means any records the charter school has relevant to its employees, including, but not limited to, records related to performance and grievance as specified in Labor Code section 1198.5.

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(c) "Pupil records" as used in subdivision (a) has the same meaning as per Education Code section 49061 (b). (d) "Timely" as used in Education Code section 47604.32(e) means receipt of the evidence transmitted pursuant to subdivision (a) within ten calendar days of the official action taken by the chartering authority.

Section 11962.1 Definitions Related to the Duties of a Chartering Authority (cont’d)

(a) In accordance with the definition of classroom-based instruction specified in Education Code section 47612.5(e)(1), and for purposes of identifying and reporting that portion of a charter school's average daily attendance that is generated through nonclassroom-based instruction pursuant to Education Code sections 47634.2(c) and 47612.5(e)(2), classroom-based instruction in a charter school occurs only when all four of the following conditions are met. (1) The charter school's pupils are engaged in educational activities required of those pupils, and the pupils are under the immediate supervision and control of an employee of the charter school who is authorized to provide instruction to the pupils within the meaning of Education Code section 47605(l). (2) At least 80 percent of the instructional time offered at the charter school is at the schoolsite. (3) The charter school's schoolsite is a facility that is used principally for classroom instruction. (4) The charter school requires its pupils to be in attendance at the schoolsite at least 80 percent of the minimum instructional time required pursuant to Education Code section 47612.5(a)(1). (b) The requirement to be "at the schoolsite" is satisfied if either of the following conditions is met. (1) The facility in which the pupils receive instruction is: (A) Owned, rented, or leased by the charter school principally for classroom instruction; (B) Provided to the charter school by a school district pursuant to Education Code section 47614 principally for classroom instruction; or (C) Provided to the charter school free-of-charge principally for classroom instruction pursuant to a written agreement. When not being used by the charter school for classroom instruction, the facility may be rented, leased, or allowed to be used for other purposes (e.g., for evening adult classes not offered by the charter school, local theater productions, or community meetings) and still be deemed to be principally for classroom instruction. (2) The charter school facility meets the criteria in paragraph (1) of subdivision (b) and the pupils are on a field trip during which the pupils remain under the immediate supervision and control of the employee of the charter school and are carrying out an educational activity required of the pupils. (c) The requirement to be "at the schoolsite" is not satisfied if the pupils are in a personal residence (i.e., a dwelling), even if space in the residence is set aside and dedicated to instructional purposes and/or the charter school rents or leases space in the residence for the provision of instruction. As used in this subdivision, a personal residence shall not include a facility that is licensed by a state or local government agency to operate as a facility in which pupils not related to the facility's owners are provided custodial care and supervision (e.g., a licensed children's institution or a boarding school). (d) The definitions in this section are solely for the purpose of determining if a charter school must submit a determination of funding request pursuant to Education Code section 47634.2.

Section 11963 SB740: Definition of classroom-based instruction

This article does not change the requirement that nonclassroom-based instruction in charter schools comply with provisions of Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code.

Section 11963.1 Nonclassroom-based instruction in charter schools

(a) A charter school may receive funding for nonclassroom-based instruction only if a determination of funding is made pursuant to Education Code section 47634.2. A determination of funding is a specific percentage approved by the State Board of Education for each affected charter school by which the charter school's reported nonclassroom-based average daily attendance must be adjusted by the Superintendent of Public Instruction prior to the apportioning of funds based upon that average daily attendance. A determination of funding shall only be approved by the State Board for a charter school if the charter school has submitted a request. (b) A determination of funding request approved by the State Board of Education shall be 70 percent, unless a greater or lesser percentage is determined appropriate by the State Board of Education in accordance with section 11963.4. In no case shall an approved determination of funding exceed 100 percent.

Section 11963.2 SB740: Average daily attendance for nonclassroombased instruction in charter schools

(a) For purposes of submitting a determination of funding request, the California Department of Education shall issue a form or set of forms to collect the information specified in this subdivision. Unless otherwise indicated, charter schools submitting a determination of funding request shall complete the form or forms in accordance with the definitions used in the 2005 edition of the California School Accounting Manual (which can be obtained from the California Department of Education web site at: http:// www.cde.ca.gov/ fg/ac/sa). The form or forms shall be developed by the California Department of Education in consultation with the Advisory Commission on Charter Schools. The form or forms shall include all of the following and, to the extent the form or forms include more than the following, the form or forms shall require the approval of the State Board of Education and comply with applicable provisions of the Administrative Procedure Act. (1) The name, charter number, authorizing entity, address, contact name and title, telephone number, fax number, and email address, if any, for the charter school.

Section 11963.3 SB740: Determination of funding request forms and calculations

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Section 11963.3 SB740: Determination of funding request forms and calculations (cont’d)

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(2) The percentage requested by the school as its determination of funding. (3) The number of fiscal years for which the determination of funding is requested, which shall not exceed five years. (4) The date the charter was initially granted and the date the charter or charter renewal will expire. (5) For charter schools that operated in the prior fiscal year, all of the following: (A) The school's total resources, including all federal revenue, with federal Public Charter School Grant Program start-up, implementation, and dissemination grants separately identified; all state revenue; all local revenue with in-lieu property taxes separately identified; other financing sources; and the ending balance from the prior fiscal year. (B) The school's total expenditures for instruction and related services, by object of expenditure, which shall include all of the following: 1. Activities dealing with the interaction between teaching staff and students, without regard to the instructional location or medium. 2. Services that provide administrative, technical, and logistical support to facilitate and enhance instruction. 3. Services in direct support of students. 4. School-sponsored extra-curricular or co-curricular activities designed to provide motivation and enjoyment and improvement of skills. 5. Instructional materials, supplies, and equipment. (C) The school's total expenditures for schoolsite and administrative site operations and facilities, by object of expenditure, which shall include all of the following: 1. Activities concerned with securing and keeping open and working the physical plants, grounds, and equipment necessary for the operation of the school. 2. Facility rents, leases, and utilities. 3. Facilities acquisition and construction. (D) The school's total expenditures for administration and all other activities, by object of expenditure, which shall include all of the following: 1. Activities concerned with establishing and administering policy for operating the entire charter school, such as the governing board, director, and administrative staff. 2. Other general administration activities, such as payroll and accounting services, auditing and legal services, property and liability insurance, personnel, charter-wide telephone service, and data processing services. 3. Supervisorial oversight fees charged by the chartering authority. 4. Other expenditures not reported elsewhere, such as those for community services and enterprise activities and cumulative administrative overhead from related party transactions. (E) Other outgo and other uses, including debt service payments and transfers. (F) The excess (or deficiency) of revenues over expenditures calculated by subtracting the total of subparagraphs (B), (C), (D), and (E), from the total resources reported pursuant to subparagraph (A), and a list of the amount of reserves for: facilities acquisition or construction, economic uncertainties, the amount required by the charter-authorizing entity, or other reserves. Reserves in excess of the greater of fiftythousand dollars or five percent of total expenditures may be allowed for economic uncertainties or longterm expenditures such as capital projects if the excess reserves are satisfactorily explained pursuant to section 11963.4(b). (6) For charter schools that did not operate in the prior fiscal year, the revenue and expenditure information required in paragraph (5) shall be provided using reasonable estimates of current-year annualized revenues and expenditures. (b) In addition to the form or forms prescribed pursuant to subdivision (a), a complete determination of funding request shall also include the following information. Only a determination of funding request that is complete may be acted upon by the State Board of Education. (1) A certification signed by the charter school's director, principal, or governing board chairperson of the following: (A) That the information provided is true and correct to the best of the ability and knowledge of the individual authorized to do so by the charter school's governing board. (B) That the charter school's nonclassroom-based instruction is conducted or and substantially dedicated to the instructional benefit of the school's students. (C) That the governing board of the charter school has adopted and implements conflict of interest policies. (D) That all of the charter school's transactions, contracts, and agreements are in the best interest of the school and reflect a reasonable market rate for all goods, services, and considerations rendered for or supplied to the school. (2) The charter school's pupil-teacher ratio as calculated pursuant to title 5, section 11704 of the California Code of Regulations. (3) A listing of entities that received in the previous fiscal year (or will receive in the current fiscal year) $50,000 or more or 10 percent or more of the charter school's total expenditures identified pursuant to subparagraphs (B), (C), (D), and (E) of paragraph (5) of subdivision (a), the amount received by each entity; whether each of the contract payments is based on specific services rendered or upon an amount per unit of average daily attendance or some other percentage; and an identification of which entities, if any, have contract payments based on a per unit average daily attendance amount or some other percentage.

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(4) An identification of the members comprising the charter school's governing board (i.e., parent, teacher, etc.) and a description of how those members were selected; whether the governing board has adopted and implemented conflict of interest policies and procedures; and whether any of the governing board members are affiliated in any way with any of the entities reported pursuant to paragraph (3) and if so, how. (5) An explanation of all transfers reported pursuant to subparagraph (E) of paragraph (5) of subdivision (a). (6) A list and the amount of each of the other reserves reported pursuant to subparagraph (F) of paragraph (5) of subdivision (a). (7) To the extent that a charter school desires to have facility costs considered as an instructional cost, the total annual facility-related and operational cost, total facility square footage occupied by the charter school, total classroom-based average daily attendance (if applicable) as reported at the prior-year second principal apportionment, and the total student hours attended by nonclassroom-based pupils at the school site shall be provided. (8) The number of full-time equivalent employees who possess a valid teaching certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold issued by the Commission on Teacher Credentialing and who work in the charter school in a position required to provide direct instruction or direct instructional support to students. For purposes of these regulations, "direct instructional support" includes, but is not limited to, activities that are directly related to student instruction that are performed by qualified certificated persons such as curriculum coordinators, individualized education plan coordinators, librarians, counselors, psychologists, and nurses. (c) The California Department of Education shall perform the following using the resource and expenditure data provided pursuant to subdivision (a). (1) A calculation showing the charter school's total expenditures for salaries and benefits for all employees who possess a valid teaching certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold issued by the Commission on Teacher Credentialing (and who work in the charter school in a position required to provide direct instruction or direct instructional support to students) as a percentage of the school's total public revenues. For the purposes of this subdivision: (A) "Employees" shall include special education teachers who possess a valid teaching certificate, permit, or other document equivalent to that which special education teachers in non-charter public schools would be required to hold issued by the Commission on Teacher Credentialing, and who provide direct instruction or direct instructional support to pupils of the charter school pursuant to a contract with a public or private entity. (B) "Employees" shall include individuals who possess a valid certificate, permit, or other document equivalent to that which the individuals would be required to possess in a non-charter public school, issued by the Commission on Teacher Credentialing, and who are employed by a local education agency (LEA), provided all of the following conditions are met: the LEA is the employer of all the charter school's staff; the governing board of the LEA is the governing authority for the charter school (i.e., the charter school is not a corporate entity separate from the LEA); and the LEA's employees are assigned exclusively to work at the charter school providing direct instruction or direct instructional support to students or, to the extent that the LEA's employees are assigned to work at the charter school on a part-time basis, the charter school pays for the services rendered by the employee providing direct instruction or direct instructional support to students on a documented, fee-for-service basis and not, for example, on the basis of a fixed annual amount, fixed percentage of average daily attendance revenue, or other basis that is not related to documented services actually rendered to the charter school. Under no circumstances shall certificated employees of an LEA be considered employees of a charter school for purposes of this subparagraph unless the charter school pays for the services rendered by the LEA's employees on a documented, fee-for-service basis. (C) For purposes of this section, "employee" also means qualified persons that provide direct instruction or direct instructional support, that are hired directly by the charter school through an employment services contract based on a documented, fee-for-service basis. (D) The school's total public revenue is based on the amounts reported pursuant to subparagraph (A) of paragraph (5) of subdivision (a) and equals the sum of: all federal revenue, less any Public Charter School Grant Program start-up, implementation, and dissemination grant funds; state revenue; and local revenue from in-lieu property taxes. (2) A calculation showing the charter school's total expenditures on instruction and related services as a percentage of the school's total revenues. For the purposes of this subdivision, the school's total revenues do not include the ending balance from the prior fiscal year.

Section 11963.3 SB740: Determination of funding request forms and calculations (cont’d)

(a) When a complete determination of funding request is received from a charter school, it shall be reviewed by the California Department of Education and presented to the Advisory Commission on Charter Schools, along with credible information pertaining to the request obtained from any other source. The Advisory Commission shall develop a recommendation pursuant to this section to the State Board of Education regarding the request, and that recommendation shall be presented to the State Board of Education by the California Department of Education. The following criteria shall guide the process of reviewing and developing a recommendation on the request. The California Department of Education shall

Section 11963.4 SB740: Evaluation of funding for non-classroombased instruction

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Section 11963.4 SB740: Evaluation of funding for non-classroombased instruction (cont’d)

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report any difference of opinion between the California Department of Education and the Advisory Commission as to the recommendation presented to the State Board of Education. (1) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 equals at least 35 percent but less than 40 percent, and the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 equals at least 60 percent but less than 70 percent, the Advisory Commission on Charter Schools shall recommend to the State Board of Education approval of the request at 70 percent, unless there is a reasonable basis to recommend otherwise. If the recommended percentage is lower than the requested percentage, the recommendation to the State Board shall include the reasons justifying the reduction and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school. (2) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 equals or exceeds 40 percent, and the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 equals at least 70 percent but less than 80 percent, the Advisory Commission on Charter Schools shall recommend to the State Board of Education approval of the request at 85 percent, unless there is a reasonable basis to recommend otherwise. The recommendation to the State Board shall include the reasons justifying a percentage that is greater than 70 percent and, if the recommended percentage is lower than the requested percentage, the reasons justifying the reduction and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school. (3) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 equals or exceeds 40 percent, the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 equals or exceeds 80 percent, and the ratio of average daily attendance for independent study pupils to full-time certificated employees responsible for independent study does not exceed a pupilteacher ratio of 25:1 or the equivalent ratio of pupils to full-time certificated employees for all other educational programs operated by the largest unified school district, as measured by average daily attendance, in the county or counties in which the charter school operates, the Advisory Commission on Charter Schools shall recommend to the State Board of Education approval of the request at 100 percent (i.e. full funding), unless there is a reasonable basis to recommend otherwise. If the recommended percentage is lower than the requested percentage, the recommendation to the State Board shall include the reasons justifying the reduction and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school. (4) If the percentage calculated pursuant to paragraph (1) of subdivision (c) of section 11963.3 is less than 35 percent, or the percentage calculated pursuant to paragraph (2) of subdivision (c) of section 11963.3 is less than 60 percent, then the charter school's nonclassroom-based instruction is not substantially dedicated to the instructional benefit of the students, and the Advisory Commission on Charter Schools shall recommend that the State Board of Education deny the request, unless there is a reasonable basis to recommend otherwise. The recommendation to the State Board shall include the reasons justifying the denial and, if appropriate, describe how any deficiencies or problems may be addressed by the charter school. Denial of a determination of funding request by the State Board of Education shall result in no funding being apportioned for average daily attendance identified by the charter school as being generated through nonclassroom-based instruction pursuant to Education Code section 47634.2(c). (5) Any request for a funding determination received prior to the effective date of these regulations will be reviewed pursuant to the criteria in effect at the time of submittal. (b) The Advisory Commission on Charter Schools and/or the California Department of Education may ask the charter school to provide additional information in order to make possible a more detailed review or to develop a reasonable basis for a recommendation other than those prescribed in subdivision (a). With the consent of the Superintendent of Public Instruction, the request for additional information shall be considered a reasonable inquiry to which the charter school must respond pursuant to Education Code section 47604.3. (c) Any multi-year funding determination approved by the State Board of Education may be modified by the State Board of Education, in terms of both the multi-year approval and the percentage of funding authorized, if any information that may change the conclusion to approve the original multi-year funding determination is found. (d) Prior to a recommendation by the Advisory Commission on Charter Schools (that a determination of funding request be denied or approved at a percentage lower than that requested) being forwarded to the State Board of Education, the affected charter school shall be given thirty (30) calendar days in which to amend its determination of funding request and/or to provide additional information in support of the request. Based upon consideration of the amended request or any additional information that may be provided, the Advisory Commission may modify its recommendation to the State Board. (e) A reasonable basis for the Advisory Commission on Charter Schools to make a recommendation other than one that results from the criteria specified in subdivision (a) may include, but not be limited to, the following: the information provided by the charter school pursuant to paragraphs (2) through (8), inclusive, of subdivision (b) of section 11963.3, documented data regarding individual circumstances of the charter school (e.g., one-time or unique or exceptional expenses for facilities, acquisition of a school bus, acquisition and installation of computer hardware not related to the instructional program, special education charges levied on the charter school by a local educational agency, restricted state, federal, or private grants of funds awarded to the charter school that cannot be expended for teacher salaries, or contracted instructional services other than those for special education), the size of the charter school, and how many years the charter school has been in operation. The Advisory Commission on Charter Schools shall give

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charter schools with less than a total of one hundred (100) units of prior year second period average daily attendance or that are in their first year of operation serious consideration of full funding.

Section 11963.4 SB740: Evaluation of funding for non-classroombased instruction (cont’d)

A virtual or on-line charter school is one in which at least 80 percent of teaching and student interaction occurs via the Internet. (a) A virtual or on-line nonclassroom-based charter school may receive approval of a funding determination with no maximum pupil-teacher ratio if the charter school has and maintains an 8 or above Academic Performance Index (API) rank in either its statewide or similar schools ranking and has no less than a 6 in the other of these two rankings. (b) In order to be funded pursuant to (a) above, a virtual or on-line charter school, must demonstrate that: (1) The school has met its overall and subgroup API growth targets. (2) Instructional expenditures are at least 85 percent of the overall school budget. A substantial portion of these expenditures (at least 25 percent of the charter school's general purpose entitlement and categorical block grant as defined in Education Code section 47632), are spent on technology that directly benefits students and teachers and results in improved student achievement. (3) Computer-based instruction and assessment is provided to each student and includes the use of an on -line instructional management program, which at a minimum includes standards-based guided lessons, lesson plans, initial testing of students, periodic assessment of student achievement, and the use of other measurements of student progress over a period of time. (4) Teachers are provided with technology tools and print media, which at a minimum must include: standards-aligned instructional materials, computer, printer, monitor, Internet service, telephone, staff development that provides for the monitoring of student progress, and a means of electronic communication for frequent student contact. (5) All students are provided an individualized learning plan that is based on initial testing of the students and that is monitored either remotely or in person, by the teacher to evaluate student progress. (6) All students are provided access to a computer, Internet service, printer, monitor, and standardsaligned materials based on State Board adopted academic content standards for each grade level and for each subject studied. (7) All students eligible for special education supports and services receive those supports and services in accordance with their individualized education program. (8) Charter school admission practices will not favor high performing students or recruit a student population that is of a higher socioeconomic group or lower racial or ethnic representation than the general population of the county or counties served. Admission practices not reflective of the county or counties served shall be cause for denial by the State Board of Education under this section.

Section 11963.5 SB740: Determination of funding requests for virtual or on-line schools

(a) An approved determination of funding for a new charter school in its first year of operation shall be submitted by December 1 and shall be for two fiscal years. Within 90 days after the end of its first fiscal year of operation, a charter school shall submit unaudited actual expense reports and a funding determination form based on the school's actual second-year budget. If the Advisory Commission on Charter Schools determines that the actual expenditures of the charter school or the second year funding determination form do not support the funding determination for the second year, the Advisory Commission on Charter Schools shall recommend that the State Board of Education revise the funding determination. (b) For the 2005-06 fiscal year only, a determination of funding request approved by the State Board of Education for any nonclassroom-based charter school that is not in its first year of operation shall be for the 2005-06 fiscal year and additionally a minimum of one year but a maximum of four years prospectively (for a total funding determination of not more than five years). (c) Any determination of funding request approved by the State Board of Education for an existing nonclassroom-based charter school from the 2006-07 fiscal year forward shall be prospective (not for the current year), in increments of a minimum of two years and a maximum of five years in length. Beginning with the 2007-08 fiscal year, nonclassroom-based charter schools that had a funding determination in the prior year must submit a funding determination request by February 1 of the fiscal year prior to the year the funding determination will be effective, when a new request is required under these regulations. (d) A determination of funding shall be subject to review each time a material change is made in the school's charter with respect to nonclassroom-based instruction, and may be subject to review each time the school's charter is renewed, and/or in accordance with any conditions the State Board of Education may impose at the time of the determination of funding request approval. A material change in the school's charter with respect to nonclassroom-based instruction is any significant change that affects the level of resources devoted to nonclassroom-based instruction, the courses to be offered through nonclassroombased instruction, and/or the delivery of educational services to pupils receiving nonclassroom-based instruction. The charter school shall notify the California Department of Education no later than thirty (30) days after the material change is made. (e) A charter school may submit a request for funding determination up to one year prior to the fiscal year in which the request will initially be effective. The State Board may grant the request for up to five years following the effective date of the request. (f) Not more than 120 days following the receipt of a complete determination of funding request, the California Department of Education shall present the request and the recommendation of the Advisory

Section 11936.6 Multiyear funding determinations for nonclassroombased instruction

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Section 11936.6 Multiyear funding determinations for nonclassroombased instruction (cont’d)

Section 11963.7 Termination of a determination of funding regarding nonclassroom-based instruction

Commission on Charter Schools to the State Board of Education in accordance with subdivision (a) of section 11963.4. (g) If, during the effective period of a determination of funding, a charter school wishes to seek a higher or lower determination of funding, it shall do so by the filing of a new determination of funding request. During the effective period of a charter school's determination of funding, no more than one additional determination of funding request (which would replace the determination of funding then in effect) may be submitted by the charter school in the same fiscal year. Any multi-year funding determination approved by the State Board of Education may be modified by the State Board of Education, in terms of both the multi-year approval and the funding authorized. The State Board of Education may terminate a determination of funding if updated or additional information requested by the California Department of Education and/or the Advisory Commission on Charter Schools is not made available by a charter school within thirty (30) calendar days or if credible information from any source supports termination. If the latter is the case, the charter schools shall be given thirty (30) calendar days prior to the termination of funding to provide additional information to support the school's determination of funding.

Section 11965 Definitions Satisfactory progress

(a) "Private school" as that term is used in Education Code section 47602(b) means a school that meets the requirements set forth in Education Code sections 48222 and 48223. (b) For each charter school, "satisfactory progress," as that term is used in Education Code section 47612, means uninterrupted progress (1) towards completion, with passing grades, of the substance of the course of study that is required for graduation from a non-charter comprehensive high school of the school district that authorized the charter school's charter, that the pupil has not yet completed, (2) at a rate that is at least adequate to allow the pupil to successfully complete, through full-time attendance, all of that uncompleted coursework within the aggregate amount of time assigned by the chartering agency for the study of that particular quantity of coursework within its standard academic schedule. If the chartering agency is not a school district having at least one non-charter comprehensive high school, the applicable high school graduation requirements and associated time assignments shall be those for the comprehensive high school(s) of the largest unified school district, as measured by average daily attendance, in the county or counties in which the charter school operates. For individuals with exceptional needs, as defined in Education Code section 56026, "satisfactory progress," as that term is used in Education Code section 47612, means uninterrupted maintenance of progress towards meeting the goals and benchmarks or short-term objectives specified in his or her individualized education program made pursuant to U.S. Code, Title 20, Section 1414(d) until high school graduation requirements have been met, or until the pupil reaches an age at which special education services are no longer required by law.

Section 11966 Certification

On each occasion that a charter school reports attendance to the California Department of Education for purposes of the calculation of state funding for the charter school, an official of the charter school who is responsible for reporting attendance shall specifically certify that all of the attendance then reported is for pupils whose attendance is eligible for public funding pursuant to Education Code section 47602(b). The Superintendent of Public Instruction shall not apportion state funds to any charter school that fails to make the certification required by this section.

Section 11967 Appeals of charter petitions that have been denied

(a) A charter school petition that has been previously 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. A charter school petition that has been previously denied by a county board of education must be received by the State Board of Education not later than 180 calendar days after the denial. Any petition received by the county board of education or State Board of Education more than 180 days after denial shall not be acted upon by the county board of education or State Board of Education. (b) When filing a petition with the county board of education or the State Board of Education for the establishment of a charter school, petitioner(s) shall provide the following: (1) A complete copy of the charter petition as denied, including the signatures required by Education Code section 47605. (2) Evidence of the governing board's action to deny the petition (e.g. meeting minutes) and the governing board's written factual findings specific to the particular petition, when available, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b). (3) A signed certification stating that petitioner(s) will comply with all applicable law. (4) A description of any changes to the petition necessary to reflect the county board of education or the State Board of Education as the chartering entity as applicable. (c) The county board of education or State Board of Education shall deny a petition for the establishment of a charter school only if that board makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b)(1)-(5). (d) Not later than 60 days after receiving a complete petition package, and following review of the petition at a duly noticed public meeting, a county board of education shall grant or deny the charter petition. This time period may be extended by an additional 30 days if the county board of education and the petitioner (s) agree to the extension.

What must be filed

Written factual findings

County board of education

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(e) Not later than 90 days after receiving a complete petition package, the State Board of Education shall 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 the State Board of Education and the petitioner(s) agree to the extension. (f) In considering charter petitions that have been previously denied, the county board of education or State Board of Education are not limited to a review based solely on the reasons for denial stated by the school district, but must review the charter school petition pursuant to Education Code section 47605(b).

Section 11967 Appeals of charter petitions that have been denied (cont’d)

The State Board of Education shall utilize the criteria set forth in Section 11967.5.1. in reviewing the elements of a charter petition submitted for its approval in accordance with the provisions of Education Code section 47605(b) and (j). The purpose of the criteria is to convey to charter petitioners the State Board of Education's understanding of the meaning of the elements specified in Education Code section 47605(b), or otherwise to convey essential information about the elements. The criteria are intended to require no charter provisions in excess of those that the State Board of Education believes necessary to determine whether each element specified in Education Code section 47605(b) has been satisfactorily addressed. Where the criteria call for judgments to be made, the judgments will be made in such a manner as to be reasonable, rational, and fair to the petitioners and other parties potentially affected by the chartering of the school by the State Board of Education.

Section 11967.5 State board approval of charter school petition

(a) For purposes of Education Code section 47605(b), a charter petition shall be "consistent with sound educational practice" if, in the State Board of Education's judgment, it is likely to be of educational benefit to pupils who attend. A charter school need not be designed or intended to meet the educational needs of every student who might possibly seek to enroll in order for the charter to be granted by the State Board of Education. (b) For purposes of Education Code section 47605(b)(1), a charter petition shall be "an unsound educational program" if it is either of the following: (1) A program that involves activities that the State Board of Education determines would present the likelihood of physical, educational, or psychological harm to the affected pupils. (2) A program that the State Board of Education determines not to be likely to be of educational benefit to the pupils who attend. (c) For purposes of Education Code section 47605(b)(2), the State Board of Education shall take the following factors into consideration in determining whether charter petitioners are "demonstrably unlikely to successfully implement the program." (1) If the petitioners have a past history of involvement in charter schools or other education agencies (public or private), the history is one that the State Board of Education regards as unsuccessful, e.g., the petitioners have been associated with a charter school of which the charter has been revoked or a private school that has ceased operation for reasons within the petitioners' control. (2) The petitioners are unfamiliar in the State Board of Education's judgment with the content of the petition or the requirements of law that would apply to the proposed charter school. (3) The petitioners have presented an unrealistic financial and operational plan for the proposed charter school. An unrealistic financial and operational plan is one to which any or all of the following applies: (A) In the area of administrative services, the charter or supporting documents do not adequately: 1. Describe the structure for providing administrative services, including, at a minimum, personnel transactions, accounting and payroll that reflects an understanding of school business practices and expertise to carry out the necessary administrative services, or a reasonable plan and time line to develop and assemble such practices and expertise. 2. For any contract services, describe criteria for the selection of a contractor or contractors that demonstrate necessary expertise and the procedure for selection of the contractor or contractors. (B) In the area of financial administration, the charter or supporting documents do not adequately: 1. Include, at a minimum, the first-year operational budget, start-up costs, and cash flow, and financial projections for the first three years. 2. Include in the operational budget reasonable estimates of all anticipated revenues and expenditures necessary to operate the school, including, but not limited to, special education, based, when possible, on historical data from schools or school districts of similar type, size, and location. 3. Include budget notes that clearly describe assumptions on revenue estimates, including, but not limited to, the basis for average daily attendance estimates and staffing levels. 4. Present a budget that in its totality appears viable and over a period of no less than two years of operations provides for the amassing of a reserve equivalent to that required by law for a school district of similar size to the proposed charter school. 5. Demonstrate an understanding of the timing of the receipt of various revenues and their relative relationship to timing of expenditures that are within reasonable parameters, based, when possible, on historical data from schools or school districts of similar type, size, and location. (C) In the area of insurance, the charter and supporting documents do not adequately provide for the acquisition of and budgeting for general liability, workers compensations, and other necessary insurance of the type and in the amounts required for an enterprise of similar purpose and circumstance. (D) In the area of facilities, the charter and supporting documents do not adequately: 1. Describe the types and potential location of facilities needed to operate the size and scope of educational program proposed in the charter.

Section 11967.5.1 State Board approval criteria

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Review not limited to reasons for denial

Unsound program Likelihood of success

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Section 11967.5.1 State Board approval criteria (cont’d)

Signature adequacy

Required affirmations

What is “reasonably comprehensive”

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2. In the event a specific facility has not been secured, provide evidence of the type and projected cost of the facilities that may be available in the location of the proposed charter school. 3. Reflect reasonable costs for the acquisition or leasing of facilities to house the charter school, taking into account the facilities the charter school may be allocated under the provisions of Education Code section 47614. (4) The petitioners personally lack the necessary background in the following areas critical to the charter school's success, and the petitioners do not have plan to secure the services of individuals who have the necessary background in these areas: (A) Curriculum, instruction, and assessment. (B) Finance and business management. (d) For purposes of Education Code section 47605(b)(3), a charter petition that "does not contain the number of signatures required by subdivision (a)" of Education Code section 47605 shall be a petition that did not contain the requisite number of signatures at the time of its submission to a school district pursuant to Education Code section 47605(a). The State Board of Education shall not disregard signatures that may be purported to have been withdrawn or to have been determined to be invalid after the petition was denied by the school district. (e) For purposes of Education Code section 47605(b)(4), a charter petition that "does not contain an affirmation of each of the conditions described in subdivision (d)" of Education Code section 47605 shall be a petition that fails to include a clear, unequivocal affirmation of each such condition, not a general statement of intention to comply. Neither the charter nor any of the supporting documents shall include any evidence that the charter will fail to comply with the conditions described in Education Code section 47605 (d). (f) For purposes of Education Code section 47605(b)(5), the State Board of Education shall take the following factors into consideration in determining whether a charter petition does not contain a "reasonably comprehensive" description of each of the specified elements. (1) The description of the educational program of the school, as required by Education Code section 47605 (b)(5)(A), at a minimum: (A) Indicates the proposed charter school's target student population, including, at a minimum, grade levels, approximate numbers of pupils, and specific educational interests, backgrounds, or challenges. (B) Specifies a clear, concise school mission statement with which all elements and programs of the school are in alignment and which conveys the petitioners' definition of an "educated person in the 21st century, belief of how learning best occurs, and a goals consistent with enabling pupils to become or remain selfmotivated, competent, and lifelong learners. (C) Includes a framework for instructional design that is aligned with the needs of the pupils that the charter school has identified as its target student population. (D) Indicates the basic learning environment or environments (e.g., site-based matriculation, independent study, community-based education, technology-based education). (E) Indicates the instructional approach or approaches the charter school will utilize, including, but not limited to, the curriculum and teaching methods (or a process for developing the curriculum and teaching methods) that will enable the school's pupils to master the content standards for the four core curriculum areas adopted by the State Board of Education pursuant to Education Code section 60605 and to achieve the objectives specified in the charter. (F) Indicates how the charter school will identify and respond to the needs of pupils who are not achieving at or above expected levels. (G) Indicates how the charter school will meet the needs of students with disabilities, English learners, students achieving substantially above or below grade level expectations, and other special student populations. (H) Specifies the charter school’s special education plan, including, but not limited to, the means by which the charter school will comply with the provisions of Education Code section 47641, the process to be used to identify students who qualify for special education programs and services, how the school will provide or access special education programs and services, the school’s understanding of its responsibilities under law for special education pupils, and how the school intends to meet those responsibilities. (2) Measurable pupil outcomes, as required by Education Code section 47605(b)(5)(B), at a minimum: (A) Specify skills, knowledge, and attitudes that reflect the school's educational objectives and can be assessed, at a minimum, by objective means that are frequent and sufficiently detailed enough to determine whether pupils are making satisfactory progress. It is intended that the frequency of objective means of measuring pupil outcomes vary according to such factors as grade level, subject matter, the outcome of previous objective measurements, and information that may be collected from anecdotal sources. To be sufficiently detailed, objective means of measuring pupil outcomes must be capable of being used readily to evaluate the effectiveness of and to modify instruction for individual students and for groups of students. (B) Include the school's Academic Performance Index growth target, if applicable. (3) The method by which pupil progress is to be measured, as required by Education Code section 47605 (b)(5)(C), at a minimum: (A) Utilizes a variety of assessment tools that are appropriate to the skills, knowledge, or attitudes being assessed, including, at a minimum, tools that employ objective means of assessment consistent with paragraph (2)(A) of subdivision (f) of this section. (B) Includes the annual assessment results from the Statewide Testing and Reporting (STAR) program.

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(C) Outlines a plan for collecting, analyzing, and reporting data on pupil achievement to school staff and to pupils' parents and guardians, and for utilizing the data continuously to monitor and improve the charter school's educational program. (4) The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement in supporting the school's effort on behalf of the school's pupils, as required by Education Code section 47605(b)(5)(D), at a minimum: (A) Includes evidence of the charter school's incorporation as a non-profit public benefit corporation, if applicable. (B) Includes evidence that the organizational and technical designs of the governance structure reflect a seriousness of purpose necessary to ensure that: 1. The charter school will become and remain a viable enterprise. 2. There will be active and effective representation of interested parties, including, but not limited to parents (guardians). 3. The educational program will be successful. (5) The qualifications to be met by individuals to be employed by the school, as required by Education Code section 47605(b)(5)(E), at a minimum: (A) Identify general qualifications for the various categories of employees the school anticipates (e.g., administrative, instructional, instructional support, non-instructional support). The qualifications shall be sufficient to ensure the health, and safety of the school's faculty, staff, and pupils. (B) Identify those positions that the charter school regards as key in each category and specify the additional qualifications expected of individuals assigned to those positions. (C) Specify that the all requirements for employment set forth in applicable provisions of law will be met, including, but not limited to credentials as necessary. (6) The procedures that the school will follow to ensure the health and safety of pupils and staff, as required by Education Code section 47605(b)(5)(F), at a minimum: (A) Require that each employee of the school furnish the school with a criminal record summary as described in Education Code section 44237. (B) Include the examination of faculty and staff for tuberculosis as described in Education Code section 49406. (C) Require immunization of pupils as a condition of school attendance to the same extent as would apply if the pupils attended a non-charter public school. (D) Provide for the screening of pupils' vision and hearing and the screening of pupils for scoliosis to the same extent as would be required if the pupils attended a non-charter public school. (7) Recognizing the limitations on admissions to charter schools imposed by Education Code section 47605 (d), the means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted, as intends to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, it must first hold a public hearing to consider arguments for and against the direct resolution of the dispute instead of pursuing the dispute resolution process specified in the charter. (8) To the extent admission requirements are included in keeping with Education Code section 47605(b)(5) (H), the requirements shall be in compliance with the requirements of Education Code section 47605(d) and any other applicable provision of law. (9) The manner in which annual, independent, financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority, as required by Education Code section 47605(b) (5)(I), at a minimum: (A) Specify who is responsible for contracting and overseeing the independent audit. (B) Specify that the auditor will have experience in education finance. (C) Outline the process of providing audit reports to the State Board of Education, California Department of Education, or other agency as the State Board of Education may direct, and specifying the time line in which audit exceptions will typically be addressed. (H) Specifies the charter school's special education plan, including, but not limited to, the means by which the charter school will comply with the provisions of Education Code section 47641, the process to be used to identify students who qualify for special education programs and services, how the school will provide or access special education programs and services, the school's understanding of its responsibilities under law for special education pupils, and how the school intends to meet those responsibilities. (D) Indicate the process that the charter school will follow to address any audit findings and/or resolve any audit exceptions. (10) The procedures by which pupils can be suspended or expelled, as required by Education Code section 47605(b)(5)(J), at a minimum: (A) Identify a preliminary list, subject to later revision pursuant to subparagraph (E), of the offenses for which students in the charter school must (where non-discretionary) and may (where discretionary) be suspended and, separately, the offenses for which students in the charter school must (where nondiscretionary) or may (where discretionary) be expelled, providing evidence that the petitioners' reviewed the offenses for which students must or may be suspended or expelled in non-charter public schools. (B) Identify the procedures by which pupils can be suspended or expelled. (C) Identify the procedures by which parents, guardians, and pupils will be informed about reasons for suspension or expulsion and of their due process rights in regard to suspension or expulsion.

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Section 11967.5.1 State Board approval criteria (cont’d)

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Section 11967.5.1 State Board approval criteria (cont’d)

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(D) Provide evidence that in preparing the lists of offenses specified in subparagraph (A) and the procedures specified in subparagraphs (B) and (C), the petitioners reviewed the lists of offenses and procedures that apply to students attending non-charter public schools, and provide evidence that the charter petitioners believe their proposed lists of offenses and procedures provide adequate safety for students, staff, and visitors to the school and serve the best interests the school's pupils and their parents (guardians). (E) If not otherwise covered under subparagraphs (A), (B), (C), and (D): 1. Provide for due process for all pupils and demonstrate an understanding of the rights of pupils with disabilities in regard to suspension and expulsion. 2. Outline how detailed policies and procedures regarding suspension and expulsion will be developed and periodically reviewed, including, but not limited to, periodic review and (as necessary) modification of the lists of offenses for which students are subject to suspension or expulsion. (11) The manner by which staff members of the charter schools will be covered by the State Teachers' Retirement System, the Public Employees' Retirement System, or federal social security, as required by Education Code section 47605(b)(5)(K), at a minimum, specifies the positions to be covered under each system and the staff who will be responsible for ensuring that appropriate arrangements for that coverage have been made. (12) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools, as required by Education Code section 47605(b)(5)(L), at a minimum, specify that the parent or guardian of each pupil enrolled in the charter school shall be informed that the pupils has no right to admission in a particular school of any local education agency (or program of any local education agency) as a consequence of enrollment in the charter school, except to the extent that such a right is extended by the local education agency. (13) The description of the rights of any employees 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, as required by Education Code section 47605(b)(5)(M), at a minimum, specifies that an employee of the charter school shall have the following rights: (A) Any rights upon leaving the employment of a local education agency to work in the charter school that the local education agency may specify. (B) Any rights of return to employment in a local education agency after employment in the charter school as the local education agency may specify. (C) Any other rights upon leaving employment to work in the charter school and any rights to return to a previous employer after working in the charter school that the State Board of Education determines to be reasonable and not in conflict with any provisions of law that apply to the charter school or to the employer from which the employee comes to the charter school or to which the employee returns from the charter school. (14) The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter, as required by Education Code section 47605(b)(5)(N), at a minimum: (A) Include any specific provisions relating to dispute resolution that the State Board of Education determines necessary and appropriate in recognition of the fact that the State Board of Education is not a local education agency. (B) Describe how the costs of the dispute resolution process, if needed, would be funded. (C) Recognize that, because it is not a local education agency, the State Board of Education may choose resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, provided that if the State Board of Education intends to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, it must first hold a public hearing to consider arguments for and against the direct resolution of the dispute instead of pursuing the dispute resolution process specified in the charter. (D) Recognize that if the substance of a dispute is a matter that could result in the taking of appropriate action, including, but not limited to, revocation of the charter in accordance with Education Code section 47604.5, the matter will be addressed at the State Board of Education's discretion in accordance with that provision of law and any regulations pertaining thereto. (15) The declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code), as required by Education Code section 47605(b)(5)(O), recognizes that the State Board of Education is not an exclusive public school employer and that, therefore, the charter school must be the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code). (g) A "reasonably comprehensive" description, within the meaning subdivision (f) of this section and Education Code section 47605(b)(5) shall include, but not be limited to, information that: (1) Is substantive and is not, for example, a listing of topics with little elaboration. (2) For elements that have multiple aspects, addresses essentially all aspects the elements, not just selected aspects. (3) Is specific to the charter petition being proposed, not to charter schools or charter petitions generally. (4) Describes, as applicable among the different elements, how the charter school will: (A) Improve pupil learning.

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(B) Increase learning opportunities for its pupils, particularly pupils who have been identified as academically low achieving. (C) Provide parents, guardians, and pupils with expanded educational opportunities. (D) Hold itself accountable for measurable, performance-based pupil outcomes. (E) Provide vigorous competition with other public school options available to parents, guardians, and students.

Section 11967.5.1 State Board approval criteria (cont’d)

(a) A petition to establish a statewide benefit charter school pursuant to Education Code section 47605.8 shall: (1) Comply with all statutory requirements otherwise applicable to charter schools, except those relating to geographic and site limitations (See Education Code section 47605.8). (2) If applicable, comply with all requirements of law relative to the provision of independent study. (A) A charter that does not expressly provide for independent study shall not be interpreted as allowing independent study beyond that which is incidental and required to address the temporary needs of particular students. (B) If the independent study (nonclassroom-based instruction) exceeds the percentage specified in Education Code section 47612.5, it shall be funded only in keeping with a determination of funding approved pursuant to Education Code section 47634.2. (3) Describe how an annual independent audit of the statewide benefit charter school will be conducted in keeping with applicable statute and regulation and indicate how the statewide benefit charter school's individual schools will be appropriately included in the audit process. (4) Incorporate a plan that provides for initial commencement of instruction in at least two schools, which shall be in at least two different school districts or two different counties. The plan for instruction shall describe how the instructional services will provide a statewide benefit, as specified in section 11967.6(b) that cannot be provided by a charter school operating in only one school district, or only in one county. Existing charter schools previously approved by a charter authorizer may not be included in a petition to establish a statewide benefit charter school. (5) Include an assurance that the instructional services for similar student populations described in the charter will be essentially similar at each school and, thus, that each pupil's educational experience will be reasonably the same with regard to instructional methods, instructional materials, staffing configuration, personnel requirements, course offerings, and class schedules. (6) Describe how the statewide benefit charter school will participate as a member of a special education local plan area, and ensure a coordinated structure for the provision of necessary programs and services specific to students with Individual Education Programs (IEPs). (7) Demonstrate success in operating charter schools previously approved in California as evidenced by improved pupil academic performance and annual financial audits with no audit findings or exceptions. Data that shall be considered in determining the likelihood of a charter operator to successfully operate a statewide benefit charter school include, but are not limited to, a statewide or similar schools ranking of 8 or higher on the Academic Performance Index, evidence of having met growth targets over time, and other alternative indicators of success as defined in the alternative accountability system pursuant to subdivision (h) of Education Code section 52052. (8) Describe how local community input for each school included in the plan was solicited (or will be solicited). Satisfaction of this paragraph shall involve the holding of at least one publicly noticed meeting for each school, with a summary of the input received at the meeting(s) being provided. (9) Contain sufficient signatures either of parents, guardians, or of teachers in keeping with Education Code section 47605(a)(1) for each school proposed in the first year. (10) Include an assurance that the school district and county superintendents where each school will be located will be notified at least 120 days prior to commencement of instruction. (11) Address all charter elements specified in Education Code section 47605 adapted appropriately for application at the statewide level. (12) Contain or address any provisions or conditions specified by the State Board of Education at the time of charter approval. (13) Contain a plan for operations of the statewide benefit charter school that describes the distinction between centralized and individual school level responsibilities and includes a staffing plan to implement the activities at the designated level. The plan shall address statewide benefit charter school operations including, but not limited to: (A) Academic program, (B) Facilities and school operations, (C) Legal and programmatic compliance, (D) Financial administration, (E) Governance, and (F) Decision-making authority. (14) Provide a list of each school that will be operated by the statewide benefit charter school that includes: (A) A timeline for the commencement of instruction at each school. Commencement of instruction must begin during the term of the charter. (B) The general location of each school and the school district and county in which each school is to be located.

Section 11967.6 Statewide benefit charter school petition

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Independent study

Audit approach At least 2 schools

Similar populations

SELPA membership Track record

Community report

Address centralized responsibilities

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Section 11967.6 Statewide benefit charter school petition (cont’d) Describe statewide benefit

Treatment as school district

(C) A description of the potential facilities to be used at each school. (D) The approximate number of pupils that can safely be accommodated by each school facility. (b) "Instructional services of a statewide benefit", as referenced in Education Code section 47605.8(b), shall include, but not be limited to, the following factors: (1) Unique factors and circumstances related to the statewide benefit charter school's educational program that can only be accomplished as a statewide benefit charter and not as a single district- or single county -authorized charter, including specific benefits to each of the following: (A) The pupils who would attend the statewide benefit charter school, (B) The communities (including the school districts and the counties) in which the individual schools would be located (e.g., in terms of pupil demographics and performance), (C) The state, to the extent applicable, and (D) The statewide benefit charter school itself (e.g., in fund raising, community partnerships, or relationships with institutions of higher education). (2) Neither an administrative benefit to a charter operator, nor a desire by a charter operator to provide services in more than one district and county, shall be considered sufficient in and of itself to constitute a statewide benefit. (c) A statewide benefit charter school, regardless of the number of individual schools, is treated as a school district for all purposes, including but not limited to, compliance monitoring, data reporting and collection, student performance data, oversight, and apportionments. For purposes of compliance monitoring and oversight, the State Board, in its review, will look at each individual school's independent progress in meeting federal and state growth targets. (d) Following its submission, a petition to establish a statewide benefit charter school may be modified or new schools added that were not included in the original petition only with the approval of the State Board of Education. (e) Each statewide benefit charter school shall provide an annual report to the State Board of Education reflecting student achievement data, performance benchmarks, and other pertinent data supporting stated charter goals.

Section 11967.7 Evaluation of facilities for statewide benefit charter schools

(a) The statewide benefit charter school shall notify the California Department of Education at least 60 days prior to proposed commencement of instruction at each individual school, including submission of all documentation required in section 11967.6(a)(14). Within 30 days of the receipt of a complete and documented notice pursuant to this section, the California Department of Education shall evaluate the facilities for the proposed educational program for compliance with local building permits and codes and notify the statewide benefit charter school and any affected local education agency of its determination. The charter school or any affected local education agency may appeal the Department's determination within 10 calendar days of the date of the determination, and the matter will be placed on the agenda of the next regularly scheduled meeting of the State Board of Education. If no action is taken by the State Board of Education, the California Department of Education's determination shall stand. A school may not open in a facility without a positive determination. (b) A school in its first year of operation may only commence instruction between July 1 and September 30 of the year in which it proposes to commence operation.

Section 11967.8 Funding for Statewide Benefit Charter Schools

(a) A statewide benefit charter school approved pursuant to Education Code section 47605.8 shall be direct -funded pursuant to Chapter 6 of Part 26.8 of the Education Code (commencing with section 47630), with the following exceptions: (1) A statewide benefit charter school's general-purpose entitlement pursuant to Education Code section 47633 shall be funded entirely from state aid. (2) A statewide benefit charter school does not have a "sponsoring local education agency" as defined in Education Code section 47632. (b) The warrant for a statewide benefit charter school shall be drawn in favor of the State Superintendent of Public Instruction and a county office of education as follows: (1) The State Board of Education may designate a county office of education as the office responsible for establishing the appropriate funds or accounts in the county treasury for the statewide benefit charter school and for making the necessary arrangements for the statewide benefit charter school's participation in the State Teachers' Retirement System and/or the Public Employees' Retirement System. The county office may charge the statewide benefit charter school for the actual cost of services. (2) In designating a county office of education, the State Board shall give preference to the county office of education of the county that the statewide benefit charter school identifies as the principal location of its business records. (3) If the county office of education in the county that the statewide benefit charter school identifies as the principal location of its business records declines to accept the responsibility for the statewide benefit charter school, the State Board of Education may designate another county office of education by mutual agreement.

Section 11968 Charter school numbering

(a) If a charter school, including a statewide benefit or countrywide charter school, ceases to operate by voluntary surrender, revocation, or non-renewal of its charter, the charter school's number will lapse and will not be reassigned.

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(b) On July 1, 1999, and on each succeeding July 1, the limit on the total number of charter schools authorized to operate in this state will be increased by 100. (c) Whenever the statutory limit on the permissible number of charter schools authorized to operate in this state is reached, requests for new numbers will be placed on a list in the order received by the State Board of Education. (a) In accordance with subdivision (a) of section 47602 of the Education Code, the California Department of Education, on behalf of the State Board of Education, shall establish and administer a numbering system to track the total number of charter schools authorized to operate in the state, based on the chronological order of the receipt of a complete charter petition and notification of charter approval by a local educational agency or, in the case of a charter petition approved by the State Board of Education, the date and time of the State Board's approval. (b) When the State Board of Education approves a charter petition or receives notice that a charter petition has been approved by a local education agency, the State Board shall assign a number to that charter petition in accordance with section 47602(a)(1) of the Education Code. Implementation of Proposition 39 (a) This article governs provision of facilities by school districts to charter schools under Education Code section 47614. (b) If a charter school and a school district mutually agree to an alternative to specific compliance with any of the provisions of this article, nothing in this article shall prohibit implementation of that alternative, including, for example, funding in lieu of facilities in an amount commensurate with local rental or lease costs for facilities reasonably equivalent to facilities of the district. (a) Average Daily Classroom Attendance. As used in Education Code section 47614(b), "average daily classroom attendance," or "classroom ADA," is average daily attendance (ADA) for classroom-based apportionments as used in Education Code section 47612.5. "In-district classroom ADA" is classroom ADA attributable to in-district students. Nothing in this article shall prohibit a school district from allowing a charter school to include nonclassroom-based ADA in average daily classroom attendance, but only: (1) to the extent of the instructional time that the students generating the nonclassroom-based ADA are actually in the classroom under the direct supervision and control of an employee of the charter school; and (2) if the school district and charter school agree upon the time(s) that facilities devoted to students generating nonclassroom-based ADA will be used. (b) Operating in the School District. As used in Education Code section 47614(b), a charter school is "operating in the school district" if the charter school meets the requirements of Education Code section 47614(b)(5) regardless of whether the school district is or is proposed to be the authorizing entity for the charter school and whether the charter school has a facility inside the school district's boundaries. (c) In-district Students. As used in Education Code section 47614(b), a student attending a charter school is an "in-district student" of a school district if he or she is entitled to attend the schools of the school district and could attend a school district-operated school, except that a student eligible to attend the schools of the school district based on interdistrict attendance pursuant to Education Code section 46600-46611 or based on parental employment pursuant to Education Code section 48204(b) shall be considered a student of the school district where he or she resides. (d) Contiguous. As used in Education Code section 47614(b), facilities are "contiguous" if they are contained on the school site or immediately adjacent to the school site. If the in-district average daily classroom attendance of the charter school cannot be accommodated on any single school district school site, contiguous facilities also includes facilities located at more than one site, provided that the school district shall minimize the number of sites assigned and shall consider student safety. In evaluating and accommodating a charter school's request for facilities pursuant to Education Code section 47614, the charter school's in-district students must be given the same consideration as students in the district-run schools, subject to the requirement that the facilities provided to the charter school must be contiguous. If a school district's preliminary proposal or final notification presented pursuant to subdivisions (f) or (h) of section 11969.9 does not accommodate a charter school at a single school site, the district's governing board must first make a finding that the charter school could not be accommodated at a single site and adopt a written statement of reasons explaining the finding. (e) Furnished and Equipped. As used in Education Code section 47614(b), a facility is "furnished and equipped" if it includes reasonably equivalent furnishings necessary to conduct classroom instruction and to provide for student services that directly support classroom instruction as found in the comparison group schools established under section 11969.3(a), and if it has equipment that is reasonably equivalent to that in the comparison group schools. "Equipment" means property that does not lose its identity when removed from its location and is not changed materially or consumed immediately (e.g., within one year) by use. Equipment has relatively permanent value, and its purchase increases the total value of a Local Educational Agency's (LEA's) physical properties. Examples include furniture, vehicles, machinery, motion picture film, videotape, furnishings that are not an integral part of the building or building system, and certain intangible assets, such as major software programs. Furnishings and equipment acquired for a school site with nondistrict resources are excluded when determining reasonable equivalence. (f) General Fund. As used in Education Code section 47614(b)(1), "general fund" means the main operating fund of the LEA. It is used to account for all activities except those that are required to be accounted

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Section 11968 Charter school numbering (cont’d) Maximum number of charters Requests above charter school limit Section 11969 Numbering of Charter School Petitions

Section 11969.1 Prop. 39 Purpose and Stipulation

Section 11969.2 Definitions

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Section 11969.2 Definitions (cont’d)

Section 11969.3 Conditions reasonably equivalent

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for in another fund. In keeping with the minimum number of funds principle, all of an LEA's activities are reported in the general fund unless there is a compelling reason to account for an activity in another fund. An LEA may have only one general fund. (g) Unrestricted Revenues. As used in Education Code section 47614(b)(1), "unrestricted revenues" are those funds whose uses are not subject to specific constraints and that may be used for any purposes not prohibited by law. Restricted revenues are those funds received from external sources that are legally restricted or that are restricted by the donor to specific purposes. Programs funded by a combination of restricted and unrestricted sources will be accounted for and reported as restricted. Funds or activities that are not restricted or designated by the donor, but rather by the LEA's governing board, will be accounted for and reported as unrestricted. (h) Facilities Costs. As used in Education Code section 47614(b)(1), "facilities costs" are those activities concerned with keeping the physical plant open, comfortable, and safe for use and keeping the grounds, buildings, and equipment in working condition and a satisfactory state of repair. These include the activities of maintaining safety in buildings, on the grounds, and in the vicinity of schools. This includes plant maintenance and operations, facilities acquisition and construction, and facilities rents and leases. The following provisions shall be used to determine whether facilities provided to a charter school are sufficient to accommodate charter school students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending public schools of the school district providing facilities, as required by Education Code section 47614(b). (a) Comparison Group. (1) The standard for determining whether facilities are sufficient to accommodate charter school students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending public schools of the school district providing facilities shall be a comparison group of districtoperated schools with similar grade levels. If none of the district-operated schools has grade levels similar to the charter school, then a contiguous facility within the meaning of subdivision (d) of section 11969.2 shall be an existing facility that is most consistent with the needs of students in the grade levels served at the charter school. The district is not obligated to pay for the modification of an existing school site to accommodate the charter school’s grade level configuration. (2) The comparison group shall be the school district-operated schools with similar grade levels that serve students living in the high school attendance area, as defined in Education Code section 17070.15(b), in which the largest number of students of the charter school reside. The number of charter school students residing in a high school attendance area shall be determined using in-district classroom ADA projected for the fiscal year for which facilities are requested. (3) For school districts whose students do not attend high school based on attendance areas, the comparison group shall be three schools in the school district with similar grade levels that the largest number of students of the charter school would otherwise attend. For school districts with fewer than three schools with similar grade levels, the comparison group shall be all schools in the school district with similar grade levels. (4) Although the district is not obligated to pay for the modification of an existing school site to accommodate the charter school's grade level configuration, nothing in this article shall preclude the district from entering into an agreement with the charter school to modify an existing school site, with the costs of the modifications being paid exclusively by the charter school or by the school district, or paid jointly by the district and the charter school. (b) Capacity. (1) Facilities made available by a school district to a charter school shall be provided in the same ratio of teaching stations (classrooms) to ADA as those provided to students in the school district attending comparison group schools. School district ADA shall be determined using projections for the fiscal year and grade levels for which facilities are requested. Charter school ADA shall be determined using in-district classroom ADA projected for the fiscal year and grade levels for which facilities are requested. The number of teaching stations (classrooms) shall be determined using the classroom inventory prepared pursuant to California Code of Regulations, title 2, section 1859.31, adjusted to exclude classrooms identified as interim housing. "Interim housing" means the rental or lease of classrooms used to house pupils temporarily displaced as a result of the modernization of classroom facilities, as defined in California Code of Regulations, title 2, section 1859.2, and classrooms used as emergency housing for schools vacated due to structural deficiencies or natural disasters. (2) If the school district includes specialized classroom space, such as science laboratories, in its classroom inventory, the space allocation provided pursuant to paragraph (1) of subdivision (b) shall include a share of the specialized classroom space and/or a provision for access to reasonably equivalent specialized classroom space. The amount of specialized classroom space allocated and/or the access to specialized classroom space provided shall be determined based on three factors: (A) the grade levels of the charter school's in-district students; (B) the charter school's total in-district classroom ADA; and (C) the per-student amount of specialized classroom space in the comparison group schools. (3) The school district shall allocate and/or provide access to non-teaching station space commensurate with the in-district classroom ADA of the charter school and the per-student amount of non-teaching station space in the comparison group schools. Non-teaching station space is all of the space that is not identified as teaching station space or specialized classroom space and includes, but is not limited to, administrative

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space, kitchen, multi-purpose room, and play area space. If necessary to implement this paragraph, the district shall negotiate in good faith with the charter school to establish time allocations and schedules so that educational programs of the charter school and school district are least disrupted. (c) Condition. (1) All of the factors listed below shall be used by the school district and charter school to determine whether the condition of facilities provided to a charter school is reasonably equivalent to the condition of comparison group schools. Condition is determined by assessing such factors as age (from latest modernization), quality of materials, and state of maintenance. (A) School site size. (B) The condition of interior and exterior surfaces. (C) The condition of mechanical, plumbing, electrical, and fire alarm systems, including conformity to applicable codes. (D) The availability and condition of technology infrastructure. (E) The condition of the facility as a safe learning environment including, but not limited to, the suitability of lighting, noise mitigation, and size for intended use. (F) The condition of the facility's furnishings and equipment. (G) The condition of athletic fields and/or play area space. (2) Notwithstanding paragraph (1) of subdivision (c), at a charter school established at an existing public school site pursuant to Education Code sections 47605(a)(2), 52055.5, 52055.55, or 52055.650, the condition of the facility previously used by the school district at the site shall be considered to be reasonably equivalent to the condition of school district facilities for the first year the charter school uses the facility. During its first year of operation, the charter school shall be subject to charges for pro rata costs pursuant to section 11969.7, but shall not be subject to reimbursement for over-allocated space pursuant to section 11969.8. (d) Additional Provisions Relating to a Charter School Established at an Existing Public School Site. The following provisions apply only to a charter school established at an existing public school site pursuant to Education Code sections 47605(a)(2), 52055.5, 52055.55, or 52055.650 and that operated at the site in its first year pursuant to paragraph (2) of subdivision (c). [(1) The school site, as identified in the school's charter, shall be made available to the school for its second year of operation and thereafter upon annual request pursuant to Education Code section 47614. The district is entitled to charge the charter school pro rata costs for the school site pursuant to section 11969.7, and the district is entitled to receive reimbursement for over-allocated space from the charter school pursuant to section 11969.8, except as provided in paragraph (3).] [(2)(A) If, by material revision of the charter, the location of a charter school is changed, or if one or more additional sites are approved pursuant to Education Code section 47605(a)(4), then the school is entitled to request and the district shall provide for the use of facilities by the school in accordance with the revised charter, Education Code section 47614, and the provisions of this article. ] [(B) If the charter school was established pursuant to Education Code section 47605(a)(2), the district shall change the school's attendance area only if a waiver is first secured from the State Board of Education (SBE) pursuant to Education Code sections 33050-33053 of the requirement in Education Code section 47605(d)(1) that the school continuously give admission preference to students residing in the former attendance area of the school site.] [(C) If the charter school was established pursuant to Education Code sections 52055.5, 52055.55, or 52055.650, the district shall relocate the school or change the school's attendance area only if a waiver is first secured from the SBE pursuant to Education Code sections 33050-33053 of the provision of statute binding the school to the existing school site. ] [(D) If a school district decides to change a charter school's attendance area as provided in subparagraphs (B) or (C), and if the decision occurs between November 1 and June 30 and becomes operative in the forthcoming fiscal year, then the space allocated to the charter school is not subject to reimbursement for over-allocated space pursuant to section 11969.8 in the forthcoming fiscal year.] [Bolded sections partially invalidated by court order in December 2008 and appeal is pending in CSBA, et al., v. SBE, Case No. A122485, and sections are subject to revision by State Board of Education.] (3) If, by February 1 of its first year of operation, a charter school notifies the district that it will have over -allocated space in the following fiscal year, the space identified is not subject to reimbursement for overallocated space pursuant to section 11969.8 in the following year or thereafter, and the district is entitled to occupy all or a portion of the space identified. To recover space surrendered to the district pursuant to this paragraph, a charter school must apply to the district. An application to recover surrendered space shall be evaluated by the district in accordance with the provisions of this article

Section 11969.3 Conditions reasonably equivalent (cont’d)

(a) Facilities and furnishings and equipment provided to a charter school by a school district shall remain the property of the school district. (b) The ongoing operations and maintenance of facilities and furnishings and equipment is the responsibility of the charter school. Projects eligible to be included in the school district deferred maintenance plan established pursuant to Education Code section 17582 and the replacement of furnishings and equipment

Section 11969.4 Operations and maintenance

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Section 11969.4 Operations and maintenance (cont’d)

supplied by the school district in accordance with school district schedules and practices, shall remain the responsibility of the school district. The charter school shall comply with school district policies regarding the operations and maintenance of the school facility and furnishings and equipment, except to the extent variation is approved by the district. However, the charter school need not comply with policies in cases where actual school district practice substantially differs from official policies.

Section 11969.5 Availability

The space allocated for use by the charter school, subject to sharing arrangements, shall be available for the charter school's entire school year regardless of the school district's instructional year or class schedule and may not be sublet or used for purposes other than those that are consistent with school district policies and practices for use of other public schools of the school district without permission of the school district.

Section 11969.6 Location

A school district may satisfy the requirements of Education Code section 47614 by providing facilities that are located outside the school district's boundaries, subject to other provisions of this article and subject to the restrictions on location of charter schools established in Education Code sections 47605 and 47605.1. No school district is required to provide facilities that are located outside the school district's boundaries to a charter school.

Section 11969.7 Charges for facilities costs

Section 11969.8 Reimbursement rates for over-allocated space

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If the school district charges the charter school a pro rata share of its facilities costs for the use of the facilities, the pro rata share shall not exceed (1) a per-square-foot amount equal to those school district facilities costs that the school district pays for with unrestricted revenues from the district's general fund, as defined in sections 11969.2(f) and (g) and hereinafter referred to as "unrestricted general fund revenues," divided by the total space of the school district times (2) the amount of space allocated by the school district to the charter school. The following provisions shall apply to the calculation of the pro rata share of facilities costs: (a) For purposes of this section, facilities costs that the school district pays with unrestricted general fund revenues includes those costs associated with plant maintenance and operations, facilities acquisition and construction, and facilities rents and leases, as defined in section 11969.2(h). For purposes of this section, facilities costs also includes: (1) contributions from unrestricted general fund revenues to the school district's Ongoing and Major Maintenance Account (Education Code section 17070.75), Routine Restricted Maintenance Account (Education Code section 17014), and/or deferred maintenance fund, (2) costs paid from unrestricted general fund revenues for projects eligible for funding but not funded from the deferred maintenance fund, and (3) costs paid from unrestricted general fund revenue for replacement of facilities-related furnishings and equipment, that have not been included in paragraphs (1) and (2), according to school district schedules and practices. For purposes of this subdivision, facilities costs do not include any costs that are paid by the charter school, including, but not limited to, costs associated with ongoing operations and maintenance and the costs of any tangible items adjusted in keeping with a customary depreciation schedule for each item. (b) For purposes of this section, the cost of facilities shall include debt service costs. (c) "Space allocated by the school district to the charter school" shall include a portion of shared space where a charter school shares a campus with a school district-operated program. Shared space includes, but is not limited to, those facilities needed for the overall operation of the campus, whether or not used by students. The portion of the shared space to be included in the "space allocated by the school district to the charter school" shall be calculated based on the amount of space allocated for the exclusive use of the charter school compared to the amount of space allocated to the exclusive use of the school-districtoperated program. (d) The per-square-foot charge shall be determined using actual facilities costs in the year preceding the fiscal year in which facilities are provided and the largest amount of total space of the school district at any time during the year preceding the fiscal year in which facilities are provided. (e) The per-square-foot charge shall be applied equally by the school district to all charter schools that receive facilities under this article, and a charter school using school district facilities pursuant to Education Code section 47614 shall report the per-square-foot charge it is paying in the current fiscal year to the California Department of Education (CDE) in any notification the charter school makes to the CDE pursuant to Education Code section 47630.5(b). The CDE shall post the per-square-foot amounts reported by charter schools on its publicly accessible Web site. The CDE shall offer the opportunity to each school district to provide explanatory information regarding its per-square-foot charge and shall post any information received. (f) If a school district charges a charter school for facilities costs pursuant to this article, and if the district is the charter school's authorizing entity, the facilities are not substantially rent free within the meaning of Education Code section 47613, and the district may only charge for the actual costs of supervisorial oversight of the charter school not to exceed one percent of the school's revenue. (a) Space is considered to be over-allocated if (1) the charter school's actual in-district classroom ADA is less than the projected in-district classroom ADA upon which the facility allocation was based and (2) the difference is greater than or equal to a threshold ADA amount of 25 ADA or 10 percent of projected indistrict classroom ADA, whichever is greater. The per-pupil rate for over-allocated space shall be equal to the statewide average cost avoided per pupil set pursuant to Education Code section 42263 for 2005-06,

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adjusted annually thereafter by the CDE by the annual percentage change in the general-purpose entitlement to charter schools calculated pursuant to Education Code section 47633, rounded to the next highest dollar, and posted on the CDE Web site. The reimbursement amount owed by the charter school for over-allocated space shall be equal to (1) this rate times the difference between the charter school's actual in-district classroom ADA and the projected in-district classroom ADA upon which the facility allocation was based, less (2) this rate times one-half the threshold ADA. For purposes of this subdivision, the actual indistrict classroom ADA shall be determined using the report submitted pursuant to section 11969.9(l) in conjunction with the second principal apportionment under Education Code section 41601. (b) A charter school must notify the school district when it anticipates that it will have over-allocated space that could be used by the school district. Upon notification by a charter school that the charter school anticipates having over-allocated space, a school district may elect to use the space for school district programs. The school district must notify the charter school whether or not it intends to use the overallocated space within 30 days of the notification by the charter school. If the school district notifies the charter school that it intends to use all or a portion of the over-allocated space, payments for over-allocated space and pro rata share payments shall be reduced accordingly beginning at the time of the school district notification to use the space. If the school district notifies the charter school that it does not intend to use the space, the charter school must continue to make payments for over-allocated space and pro rata share payments. The school district may, at its sole discretion, reduce the amounts owed by the charter school. (c) With respect to charter schools established at existing public school sites pursuant to Education Code sections 47605(a)(2), 52055.5, 52055.55, or 52055.650, the provisions of this section are limited by the applicable provisions of subdivisions (c) and (d) of section 11969.3.

Section 11969.8 Reimbursement rates for over-allocated space (cont’d)

(a) A charter school must be operating in the school district as defined in Education Code section 47614 before it submits a request for facilities. A new or proposed new charter school is operating within the school district and, therefore, eligible to request facilities for a particular fiscal year only if it submitted its charter petition pursuant to Education Code sections 47605, 47605.5, 47605.6, or 47605.8 on or before November 1 of the fiscal year preceding the year for which facilities are requested. A new charter school is entitled to be allocated and/or provided access to facilities only if it receives approval of the petition before March 15 of the fiscal year preceding the year for which facilities are requested. (b) To receive facilities during a particular fiscal year, a charter school must submit a written facilities request to the school district on or before November 1 of the preceding fiscal year. (c)(1) The written facilities request consists of: (A) reasonable projections of in-district and total ADA and in-district and total classroom ADA, based on ADA claimed for apportionment, if any, in the fiscal year prior to the fiscal year in which the facilities request is made, adjusted for expected changes in enrollment in the forthcoming fiscal year; (B) a description of the methodology for the projections; (C) if relevant (i.e., when a charter school is not yet open or to the extent an operating charter school projects a substantial increase in in-district ADA), documentation of the number of in-district students meaningfully interested in attending the charter school that is sufficient for the district to determine the reasonableness of the projection, but that need not be verifiable for precise arithmetical accuracy; (D) the charter school's operational calendar; (E) information regarding the district school site and/or general geographic area in which the charter school wishes to locate; and (2) Projections of in-district ADA, in-district classroom ADA, and the number of in-district students shall be broken down by grade level and by the school in the school district that the student would otherwise attend. (3) School districts may require the charter school to submit its facilities request containing the information specified in paragraphs (1) and (2) on a form available from the CDE and developed in consultation with the Advisory Commission on Charter Schools (ACCS) or another form specified by the school district. School districts may also require the charter school either to distribute a reasonable number of copies of the written facilities request for review by other interested parties, such as parents and teachers, or to otherwise make the request available for review. (d) The school district shall review the charter school's projections of in-district and total ADA and indistrict and total classroom ADA and, on or before December 1, express any objections in writing and state the projections the district considers reasonable. If the district does not express objections in writing and state its own projections by the deadline, the charter school's projections are no longer subject to challenge, and the school district shall base its offer of facilities on those projections. (e) On or before January 2, the charter school shall respond to any objections expressed by the school district and to the district's projections provided pursuant to subdivision (d). The charter school shall reaffirm or modify its previous projections as necessary to respond to the information received from the district pursuant to subdivision (d). If the charter school does not respond by the deadline, the district's projections provided pursuant to subdivision (d) are no longer subject to challenge, and the school district shall base its offer of facilities on those projections. (f) On or before February 1, the school district shall prepare in writing a preliminary proposal regarding the space to be allocated to the charter school and/or to which the charter school is to be provided access. At a minimum, the preliminary proposal shall include (1) the projections of in-district classroom ADA on which the proposal is based, (2) the specific location or locations of the space, (3) all conditions pertaining to the space, including a draft of any proposed agreement pertaining to the charter school's use of the space, and (4) the projected pro rata share amount and a description of the methodology used to determine that

Section 11969.9 Procedures and timelines for the request for, reimbursement for, and provision of, facilities

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Section 11969.9 Procedures and timelines for the request for, reimbursement for, and provision of, facilities (cont’d)

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amount. The district shall also provide the charter school a list and description of the comparison group schools used in developing its preliminary proposal, and a description of the differences between the preliminary proposal and the charter school's facilities request as submitted pursuant to subdivision (b). (g) On or before March 1, the charter school shall respond in writing to the school district's preliminary proposal made pursuant to subdivision (f), expressing any concerns, addressing differences between the preliminary proposal and the charter school's facilities request as submitted pursuant to subdivision (b), and/or making counter proposals. (h) On or before April 1, having reviewed any concerns and/or counter proposals made by the charter school pursuant to subdivision (g), the school district shall submit in writing a final notification of the space offered to the charter school. The notification shall include a response to the charter school's concerns and/ or counter proposals (if any). The notification shall specifically identify: (1) the teaching station, specialized classroom space, and non-teaching station space offered for the exclusive use of the charter school and the teaching station, specialized classroom space, and non-teaching station space to which the charter is to be provided access on a shared basis with district-operated programs; (2) for shared space, the arrangements for sharing; (3) the in-district classroom ADA assumptions for the charter school upon which the allocation is based and, if the assumptions are different than those submitted by the charter school pursuant to subdivision (e), a written explanation of the reasons for the differences; (4) the specific location or locations of the space; (5) all conditions pertaining to the space; (6) the pro rata share amount; and (7) the payment schedule for the pro rata share amount, which shall take into account the timing of revenues from the state and from local property taxes. (i) The charter school must notify the school district in writing whether or not it intends to occupy the offered space. This notification must occur by May 1 or 30 days after the school district notification pursuant to subdivision (h), whichever is later. The charter school's notification can be withdrawn or modified before this deadline. After the deadline, if the charter school has notified the school district that it intends to occupy the offered space, the charter school is committed to paying the pro rata share amount as identified. If the charter school does not notify the school district by this deadline that it intends to occupy the offered space, then the space shall remain available for school district programs and the charter school shall not be entitled to use facilities of the school district in the following fiscal year. (j) The space allocated to the charter school by the school district (or to which the school district provides the charter school access) must be furnished, equipped and available for occupancy by the charter school for a period of at least ten working days prior to the first day of instruction of the charter school. For good cause, the period is subject to reduction by the school district, but to no fewer than seven working days. (k) The school district and the charter school shall negotiate an agreement regarding use of and payment for the space. The agreement shall contain at a minimum, the information included in the notification provided by the school district to the charter school pursuant to subdivision (h). In addition: (1) The charter school shall maintain general liability insurance naming the school district as an additional insured to indemnify the school district for damage and losses for which the charter school is liable. The school district shall maintain first party property insurance for the facilities allocated to the charter school. (2) The charter school shall comply with school district policies regarding the operations and maintenance of the school facility and furnishings and equipment. (3) A reciprocal hold-harmless/indemnification provision shall be established between the school district and the charter school. (4) The school district shall be responsible for any modifications necessary to maintain the facility in accordance with Education Code section 47610(d) or 47610.5. (l) The charter school must report actual ADA to the school district every time that the charter school reports ADA for apportionment purposes. The reports must include in-district and total ADA and in-district and total classroom ADA. The charter school must maintain records documenting the data contained in the reports. These records shall be available on request by the school district. (l) The charter school must repot actual ADA to the school district every time that the charter school reports ADA for apportionment purposes. The report must include in-district and total ADA and in-district and total classroom ADA. The charter school must maintain records documenting the data contained in the reports. These records shall be available on request by the school district.

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REFERENCE LIST OF OTHER PERTINENT LAWS: • Airport proximity of school, Education Code § 17215 • Attendance Accounting, Education Code § 46000 et seq. • Audits by County Superintendent, Education Code § 1241.5 • California Environmental Quality Act (“CEQA”), Public Resource Code § 21000 et seq. • California High School Exit Exam (CAHSEE), Education Code § 60850 et seq., 5 Cal. Code Regs. § 1200 et seq. • California School Finance Act, Education Code §§ 17171, 17173 et seq. • Child Abuse and Neglect Reporting Act, Penal Code § 11164 et seq. • Conflicts of Interest, Government Code § 1090 et seq. • Conflicts of Interest, Government Code § 87100 (Political Reform Act); 2 Cal. Code Regs. § 18700 et seq. • Conversion Charters Targeted Instruction Grant, Education Code § 41340 • County Superintendent Audits, Education Code § 1241.5 • Credentials—Highly Qualified Teacher (HQT) under No Child Left Behind, 20 U.S.C. § 6311 et seq. • Desegregation funding, Education Code § 41540 • FERPA (Family Educational Rights and Privacy Act), 20 USC § 1232g • Field trips, Education Code § 35330 • Fingerprints, Education Code § 44237 • Governing Board, Education Code § 42127.8 • Nonprofit Public Benefit Corporations, Formation, Corporations Code § 5120 et seq. • Open Meetings (“Brown Act”), Government Code § 54950 et seq. • Proposition 55, Kindergarten—University Public Education Facilities Bond Act of 2004, Education Code § 100800 et seq. • Public Records Act, Government Code § 6250 et seq. • School facilities funding match calculation, Education Code § 17078.57 • School Funding Priority, Cal. Constitution Art. 16 §§ 8, 8.5 • Special Education Local Plan Areas, Education Code § 56195 et seq. • Standardized Testing and Reporting Program, Education Code § 60640 et seq., 5 Cal. Code Regs. § 850 et seq. • Teacher Pay Periods, Education Code §§ 45038-40 • Waivers, Education Code § 33050 • Work permits for students, Education Code § 49110 • Year round grant funding phaseout, Education Code § 42270

Zoning Exemption, Government Code § 53090 et seq.

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INDEX Assessments Academic Performance Index (API), 15 Affecting renewal, 15 California High School Exit Exam (CAHSEE), 69 Standardized testing and reporting (STAR) Program, 7, 15, 58, 69 Attendance Attendance accounting, 35-36, 56, 69 Average Daily Attendance (ADA), 51, 63 Independent study attendance accounting, 35-36 Authorizers, 7, 11, 14 Brown Act, 16 Chartering Appeal of denial to the County or State Board of Education, 10, 56-57 Conversion schools, 8, 20, 23 County or State Board of Education criteria for petition review, 12-14, 56-57 Criteria for denial, 8 Elements of a charter petition, 7-9 Petition review, 12, 14 Renewal, 7, 10, 15 Revocation, 7, 15-16 Chartering Authority Responsibilities, 17, 50-51 Conflicts of Interest Government Code ยง 1090, 69 Nonprofit corporation directors, 37-41 Political Reform Act, 69 Facilities Generally, 8, 10-11, 16, 69 Prop 39, 20-21, 63-68 Prop 55, 69 SB 740, 18, 24-25, 51-55

Finance/Business Audits, 9, 10 Budgets and financial reports, 7, 46 Inquiries from chartering authorities, 6-7 Investigations, 7 Funding Charter school block grant, 22-27 Direct-funded charter schools, 22, 29 Generally, 17-18, 20, 22-27, 29-30 SB740 requests, 18 Governance Articles, bylaws of nonprofit public benefit corporations, 6, 40, 69 Brown Act, 69 Incorporation, 6, 36-41 Grants - See Funding - Charter School Block Grant Human Resources Educational Employment Relations Act applicable, 17 Employee return rights, 9 Participation in STRS, PERS, or Social Security, 9, 16-17 Qualifications of employees, 9 Lottery, 27 Megawaiver, 16 Non Classroom Based Education Attendance reporting, 34-36, 49-50 Auditing, 51-52 Funding requests, 51-56 Independent study, 34-36, 51-56 Preferences, 9 Religious Education, 9, 13 Special Education LEA Responsibilities, 27-29 No denial, 14, 29 School within a local educational agency (LEA), 28, 53 Special Education Local Plan Area, 69 Special Education Local Plan Area (SELPA), 28-29 Supervisorial Oversight Fees, 19

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Appendix D. MEMORANDUM OF UNDERSTANDING

Charter School Memorandum of Understanding

Between Alameda County Board of Education Alameda County Office of Education And _____ Charter School


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TABLE OF CONTENTS I. PURPOSE OF MEMORANDUM OF UNDERSTANDING ........................................................................................ 5 II. TERM OF MEMORANDUM OF UNDERSTANDING ............................................................................................... 6 III. TERM, RENEWAL AND REVOCATION OF CHARTER .............................................................................................. 6 SECTION 1: GOVERNANCE AND ORGANIZATIONAL MANAGEMENT 1.1 Organization.............................................................................................................................................................. 7 1.2 Governing Board Establishment........................................................................................................................ 7 1.3 Governing Board Activities .................................................................................................................................. 7 1.4 Administration.......................................................................................................................................................... 9 1.5 Human Resources Management .....................................................................................................................10 1.6 Facilities.....................................................................................................................................................................11 SECTION 2: EDUCATIONAL PERFORMANCE 2.1 Educational Program ...........................................................................................................................................12 2.2 Student Achievement Plan ................................................................................................................................12 2.3 Evaluation of Educational Programs ..............................................................................................................12 2.4 Updates to Alameda County Board of Education ..................................................................................13 2.5 Services for Students with Disabilities...........................................................................................................13 SECTION 3: FISCAL OPERATIONS 3.1 Funding.....................................................................................................................................................................14 3.2 Fiscal Agent .............................................................................................................................................................15 3.3 Student Attendance Accounting and Reporting ......................................................................................15 3.4 Financial Reporting...............................................................................................................................................15 3.5 Annual Audit ...........................................................................................................................................................16 3.6 Oversight Fees ........................................................................................................................................................16 3.7 State Teachers Retirement System (STRS) ...................................................................................................16 3.7 Public Employees Retirement System (PERS) Reporting........................................................................16 SECTION 4: FULFILLING CHARTER TERMS 4.1 Material Amendments to Charter ...................................................................................................................17 4.2 State Assessments.................................................................................................................................................17 4.3 Site Visits...................................................................................................................................................................17 4.4 Renewals...................................................................................................................................................................17 4.5 Notice to Cure and Revocation ........................................................................................................................18 4.6 Closure Procedures...............................................................................................................................................18 SECTION 5: ARBITRATION.............................................................................................................................................19 SECTION 6: SEVERABILITY..............................................................................................................................................19 SECTION 7: NON-ASSIGNMENT....................................................................................................................................19 SECTION 8: WAIVER.........................................................................................................................................................19 SECTION 9: TRANSPORTATION ....................................................................................................................................19 SECTION 10: NOTIFICATION..........................................................................................................................................20 ATTACHMENT A: Charter School Petition ATTACHMENT B: Reports/Monitoring Activity Checklist ..................................................................................i-v Page 3


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MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into this day of _____by, between and among the Alameda County Board of Education (hereinafter “the County Board”) Alameda County Superintendent of Schools/Office of Education (hereinafter “the ACOE”), and ______ Schools, (hereinafter referred to as “______”). Hereinafter, the County Board, the ACOE, and ______ shall be collectively referred to as “the parties.”

I. PURPOSE OF MEMORANDUM OF UNDERSTANDING A. The State of California enacted the Charter Schools Act of 1992 (hereinafter “The Act”) authorizing the formation of charter schools with the intent that the schools improve student learning through a variety of means, including increased learning opportunities, innovative teaching methods, performance-based accountability, and expanded choice for parents within the public school system. B. The Act authorizes the County Board to grant charter petitions under specified circumstances. The County Board has authorized a countywide charter petition for the California College Preparatory Academy, an ______ Charter School (hereinafter referred to as “the School”), for a five-year period beginning July1, 2008 through June 30, 2013, (hereinafter “the Charter”). C. ______ is a California non-profit public benefit corporation and a charter school management organization (CMO) which manages and operates the School. ______ is responsible for the School’s compliance with the terms of the Charter and with this MOU. D. All parties agree that no single party to this Agreement waives any of the rights, responsibilities and privileges established by the Charter Schools Act of 1992. E.

To the extent permitted by applicable law, the County Board has, by agreement with the Superintendent pursuant to Education Code Section 47605.6, delegated its obligations to oversee and/or administer the School, whether arising at law, by the terms of the School’s Charter, by this Agreement, or from any other source, to the ACOE; and in connection with the said delegation, the ACOE shall report periodically to the County Board.

F.

The fundamental interest of the ACOE is – on a continuing basis – to be reasonably assured that the School is:  Implementing the provisions of the Charter as approved.  Obeying all requirements of federal, state, and local law that apply to the School.  Being operated prudently in all respects.  Providing a sound education for all of its students.

G. The parties recognize that there are many matters related to the operation of this School, and to clarify the effective oversight of the School, which go beyond the provisions included in the School’s charter. ACOE also acknowledges that the day-to-day operation of the School is appropriately carried out by ______ and the faculty and staff of the School. This MOU is intended to address those matters that have not been covered in the Charter and to provide guidance on the oversight policies and procedures of ACOE. Further, this MOU is intended to outline the parties’ agreements governing their respective fiscal and administrative responsibilities and their legal relationships. H. The parties recognize and agree that the School shall not charge tuition shall be nonsectarian and shall be open to all students regardless of ethnicity, national origin, gender, or disability and those provisions of non-discrimination shall apply as well to employment.

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II. TERM OF MEMORANDUM OF UNDERSTANDING A. This Memorandum of Understanding (MOU), provided it is fully executed by all parties, shall cover the term of the charter: five (5) fiscal years commencing on July 1, 2008, and ending on June 30, 2013. This MOU between and among the County Board, ACOE, and ______ shall include Attachments A and B, and is subject to termination during this term or during any subsequent renewal of the charter petition as specified by law or as otherwise set forth in this MOU. B. Any modification of this MOU must be in writing and executed by duly authorized representatives of both parties. 1. The duly authorized representative of ______ is its Chief Executive Office or designee. 2. The duly authorized representative of the County Board are the President of the Alameda County Board of Education or designee. 3. The duly authorized representative of the ACOE is the County Superintendent of Schools and/or designee. For purposes of material amendments to the charter, such amendments take effect only if approved by the ACOE. C. This MOU shall be reviewed at least annually. Proposed revisions to the MOU will be submitted by February 1 annually, or as may be requested by the ACOE. In the case of mid-year changes in laws, or policies or conditions of operation by the ACOE, the ACOE reserves the right to request mid-year modifications to this MOU. Such modifications, if agreed upon, will be included as addendums to the MOU. Failure to reach agreement on required changes in the MOU may result in termination of the MOU. The approved MOU and addendums will continue unless modified and agreed to in writing. This MOU will automatically expire upon the expiration or revocation of the charter.

III. TERM, RENEWAL, AND REVOCATION OF CHARTER A. The School is a public school that shall be operated pursuant to the charter petition (the Charter). The Charter was granted with conditions of opening and operation by the Alameda County Board of Education on August 12, 2008. B. The School shall be known as ______ (______ Charter School). The School will open with grades ___through ___ and will have an approximate enrollment of ____ students in the first year of operation. It will grow to serve an enrollment of 500 students in grades 6 through12 by the end of the chartered period. C. ______ and the School shall be responsible for all the functions of a charter school subject to terms and conditions set forth in the MOU. The School will commence its first year of operation between July 1 and September 30, 2008, subject to conditions specified by ACOE and reflected in this MOU. D. The School’s charter shall have a five (5) year term to expire on June 30, 2013. The Charter shall acknowledge the existence of this MOU, and the provisions of the Charter and the MOU shall not conflict. To the extent that any of the terms of this MOU vary from the terms of the original Charter, the terms of this MOU shall prevail and shall supersede any contrary terms of the Charter. E.

Future review and extension of the Charter shall be based on compliance with the terms set forth in this MOU, the Charter, requirements of the Education Code (EC), and state regulations. The ACOE shall review all materials submitted in accordance with ACOE policy and this MOU, including the continued fiscal viability of the Charter and its compliance with any annual audit issues. Review of the Charter shall also be in accordance with state and Federal law, and as described under Section 4.3 of this MOU. The ACOE reserves the right to approve amendments to the Charter and/or revoke the Charter as specified in EC section 47607.

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SECTION 1: GOVERNANCE AND ORGANIZATIONAL MANAGEMENT A. The School has been formed consistent with EC Section 47601 and/or EC Section 47604. ______ is a separate legal entity and neither the County Board nor the ACOE are liable for the debts and obligations of ______ or the School. B. The parties further recognize that consistent with the petition approved by the County Board, ______ has obtained and maintains status as a non-profit, public benefit corporation as provided in Education Code 47604. C. ACOE reserves the right to appoint a representative to the ______ Board of Directors in accordance with EC Section 47604 (b). D. The School will use all revenue received from the state and federal sources only for the educational services specified in the Charter and this MOU for the benefit of the students enrolled and attending the School.

1.1 Organization Prior to opening, ______ will provide the following to the ACOE: a) Contact information, including phone numbers and e-mail addresses of the principal contacts for the School; b) Organization chart displaying relationship between governing board and School leadership. c) Thereafter, ______ will provide ACOE with written notice of any change in the directors, officers, and administrators within twenty (20) working days.

1.2 Governing Board Establishment Prior to opening, ______ shall provide the following to the ACOE: a) Articles of Incorporation. Adopted by the governing board and filed with the California Secretary of State. b) Bylaws approved by the governing board c) Notice of approval of federal 501(c)(3) tax-exempt status d) Conflict of Interest policy. e) Roster and biographies of current governing board members f) Membership process for the Board of Directors of the school

1.3 Governing Board Activities a) Calendar: Prior to opening, ______ shall provide ACOE an annual calendar of governing board meetings, including a description of how parents and community members will be notified of the meetings. b) Brown Act Training: Prior to opening, ______ shall provide verification by letter to ACOE that all members of the governing board, administrative staff, and any other staff deemed appropriate by ______ have participated in Brown Act training. c) Governing Board Meetings: The governing board of ______ shall conduct public meetings at such intervals as are necessary to ensure that the governing board is providing sufficient direction to ______ and the School through implementation of effective policies and procedures. Governing board meetings will be conducted in keeping with the requirements of the Ralph M. Brown Act (Government Code sections 54950 – 54962). i. Draft meeting agendas shall be provided to the ACOE three (3) working days in advance of the regular meetings of the Board of Directors of ______ and one (1) working day in advance of any special meetings of the Board of Directors of ______. Page 7


ii. Draft minutes of each meeting shall also be made available to the ACOE within twenty (20) working days of the meeting whether regular or special. iii. Governing Board adopted policies, meeting agendas and minutes shall be maintained and available for public inspection and during site visits. d) Governing Board Policies: The governing board will adopt policies and procedures to guide the operation of the School, including but not limited to, policies in the following areas: i. Conflicts of Interest: Prior to opening, ______’s governing board shall: (1) adopt a conflict of interest policy, including provisions related to nepotism, for itself and ______’s employees and contractors, to ensure that no action taken by an individual or organization covered by the policy results in an actual or apparent conflict of interest; and (2) provide ACOE verification that all board members and School employees have participated in conflict of interest training. ii. Internal Fiscal Controls: Prior to opening, ______ shall provide ACOE a copy of the School’s internal fiscal control policies and procedures governing all financial activities approved by ______’s governing board. Such policies and procedures are subject to review during site visits to see that they are being implemented. ______ will also provide identification of individual(s) authorized to expend the School funds and issue checks and identification of individual(s) responsible for review and monitoring of monthly budget reports. iii. Campus Supervision: Prior to opening, ______ shall provide ACOE a copy of the governing board policy relative to the supervision of students before and after school, and while on campus, student pick-up, as well as a procedure for visitors to enter and leave campus. iv. Discipline Policies: Prior to opening, ______ shall provide ACOE a copy of the governing board policies relative to student discipline, including a list of the offenses for which students may be suspended or expelled, the procedures for suspension or expulsion, procedures by which parents and students will be informed about reasons for suspension or expulsion, and of their due process rights in regard to either disciplinary action. v. Parent/Student Handbook: Prior to opening, ______ shall provide ACOE a copy of the parent/student handbook that will be distributed to families each year to the ACOE. At a minimum, the handbook shall include detailed expectations for student attendance, behavior, and discipline, including policies and consequences for bullying and harassment, due process rights related to discipline (including suspension, expulsion, and special education), and a description of both informal and formal complaint procedures that parents may pursue in the event of disagreements. Amendments to the handbook by ______ may be made throughout the year. ______ shall provide ACOE with a copy of the amended handbook. e) Health and Safety Plan: Prior to opening, ______ shall provide to ACOE: i. A copy of the health, safety, and emergency plan for students and employees. ii. Evidence that staff has been trained in health, safety, and emergency procedures. iii. A calendar of emergency drills for students. The health and safety plan shall address at a minimum, fire emergencies, earthquakes and other natural disasters, civil disorder, accidents, injuries, and other threats to the health and safety of students and staff. ______ shall provide training for staff in responding to emergencies and conduct emergency response drills for its students. Amendments to the plan may be made by ______ throughout the year. ______ shall provide ACOE a copy of the amended plan within 30 days of its final approval by the governing board.

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f)

Notice to Parents/Guardians: Prior to opening, ______ shall provide ACOE a copy of the notice that will be sent to all parents/guardians regarding their rights under the Family Educational Rights and Privacy Acts (FERPA). If ______ receives Title I funding on behalf of the School, parent notice shall provide information regarding the federal No Child Left Behind (NCLB) Act, including the right to request and receive essential information about the professional and educational background of the teacher(s) instructing their child and notification when their child is taught for four or more weeks by a teacher who is not “highly qualified.”

g) Family Educational Rights and Privacy Act (FERPA): ______ and employees of the School have a legitimate educational interest such that they are entitled to access to education records under 20 U.S.C.A. § 1232g, the Family Educational Rights and Privacy Act (FERPA) and EC Section 49076(b)(6). ______, its officers and employees shall comply with FERPA at all times. In addition, it is agreed that the ACOE has an educational interest in the educational records of the School such that the ACOE shall have access to those records. Records shall, at a minimum, include emergency contact information, health and immunization data, attendance summaries, and academic performance data from the statewide student assessments required pursuant to EC sections 60605 and 60851. h) Criminal Records Summaries: Prior to opening, all ______ employees at the School, parent volunteers who will be performing services that are not under the direct supervision of a certificated teacher, and onsite vendors having unsupervised contact with students will submit to background checks and fingerprinting in accordance with EC Section 45125.1. ______ shall provide certification to the ACOE that all employees, and volunteers/vendors (as applicable) have clear criminal records summaries prior to their having any unsupervised contact with students. ______ shall maintain on file and have available for inspection during site visits, evidence that it has performed criminal background checks for all employees and documentation that vendors have conducted required criminal background checks for their employees prior to any unsupervised contact with students.

1.4 Administration Prior to opening, ______ shall provide the following to the ACOE: a) Enrollment and Admissions Documentation: i. Procedures for enrollment, admission, and lotteries. ii. Descriptions of outreach and recruitment activities that have been conducted to reach target population. iii. Evidence of enrollment preferences consistent with the Charter and with ACOE conditions of operation. iv. A copy of enrollment forms. v. Process for exiting a student from the school for other than disciplinary reasons. If minimum enrollment numbers consistent with the Charter are not met, the Charter may be subject to a plan of remediation, which may include revocation. b) Required Disclosures: ______ shall immediately notify ACOE of any pending or actual litigation and/or claim from any party or notice of potential infraction, criminal or civil action against the School or any employee, or request for information by any governmental agency. c) School Accountability Report Card (SARC): On or before April 30 of each year, the School shall post its SARC on the School website. The School will use the template developed by the California Department of Education (CDE) as a guide, which is available at http://www.cde.ca.gov/ta/ac/sa. The School may present additional pertinent information at its discretion.

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d) Inquiries or Requests for Information: ______ shall promptly respond to all reasonable inquiries, including but not limited to the financial records made by the ACOE and/or his/her designee and any other authorized agency as required by the Education Code and shall consult with the County Superintendent or his/her designee regarding any inquiries. e) Insurance and Risk Management: No later than August 18, 2008, or such earlier time as ______ may employ individuals or acquire or lease property or facilities, ______ shall procure from an insurance carrier licensed to do business in the State of California or a qualified JPA registered with the California Department of Industrial Relations, and keep in full force during the term of the Charter, at least the following insurance coverage: i. Property Insurance – for replacement value, including coverage for all assets listed in the School’s property inventory and consumables. ii. General Liability – At least $2,000,000 per occurrence and $5,000,000 in total general liability insurance, providing coverage for negligence, errors and omissions/educators legal liability, abuse and molestation, and employment practices liability of ______, its governing board, officers, agents, employees, or students. The deductible per occurrence for said insurance shall not exceed $20,000 for any and all losses resulting from negligence, errors and omissions of ______, its governing board, officers, agents, employees, or students. iii. Workers’ Compensation – In accordance with the provisions of the California Labor Code, insurance adequate to protect ______ from claims under Workers’ Compensation Acts which may arise from its operation, with statutory limits. iv. Automobile Insurance – to the extent necessary and in amounts appropriate for the type and use of the automobile. In addition, ______ shall institute risk management policies and practices to address reasonably foreseeable occurrences. ______ shall provide evidence of insurance coverage to ACOE upon request and will instruct the insurance carrier(s) to inform the ACOE immediately if the coverage becomes inoperative for any reason. The ACOE may request to see evidence of insurance coverage during site visits. ______ and the School shall hold harmless, defend, and indemnify the ACOE, its officers and employees, from every liability, claim, or demand which may be made by reason of (1) any injury to volunteers; and (2) any injury to person or property sustained by any person, firm, or corporation caused by any act, neglect, default, or omission of the School, its officers, employees or agents. In cases of such liabilities, claims, or demands, ______ at its own expense and risk shall defend all legal proceedings which may be brought against it and/or the ACOE, its officers and employees, and satisfy any resulting judgments up to the required amounts that may be rendered against any of them.

1.5 Human Resources Management ______ is deemed the exclusive employer of the employees of the School for the purposes of the Educational Employee Relations Act (EERA) under Government Code Section 3540, et. Seq. ______ will have sole responsibility for employment, management, dismissal, and discipline of its employees. Prior to opening, ______ shall provide to the ACOE: a) Job descriptions and qualifications for each position at the School. b) Employment rules including evaluation, hiring and termination.

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c) Employee Handbook: Prior to opening, ______ shall provide to the ACOE a copy of the employee handbook that will be distributed to employees each year. At a minimum, the handbook shall include detailed expectations for employee performance and behavior, due process rights of employees related to disciplinary actions (including termination), compensation and benefit information, and a description of both informal and formal complaint procedures that employees may pursue in the event of disagreements. Amendments to the employee handbook may be made and distributed to employees by ______ during the year. ______ shall provide the ACOE with a copy of the amended handbook upon request, and it may be reviewed during site visits. d) Employee Contracts: Prior to opening, ______ will provide a copy of the employee contracts for employees at the School that, at a minimum, state that ______ is the exclusive employer of employees and has sole responsibility for employment, management, dismissal, and discipline of its employees. e) Teacher Credentials and Highly Qualified Teacher Requirements: ______ shall provide documentation that all teachers hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which teachers in other public schools are required to hold, except as otherwise exempted by the Charter Schools Act. ______ shall also comply with the federal No Child Left Behind (NCLB) highly qualified teacher requirements. ______ shall provide documentation that the teachers of any NCLB core subject meet the highly qualified teacher requirements. ______ is not required to provide this documentation concerning “non-core” instruction. f)

STRS & PERS Reporting Requirements: ______ shall accept and assume sole financial responsibility for all STRS and PERS reporting fines and penalties resulting from incomplete, inaccurate, or late reports and/or inadequate or late deposits from any cause whatsoever, except the sole negligence of the ACOE. Such responsibility shall include but not be limited to any and all reporting fines and/or penalties; however they are assessed, against each and every public school, charter school, school district, county board of education and/or county office of education.

1.6 Facilities It is understood and agreed that the County Board and/or the ACOE have no obligation to provide facilities to the School. If ______ seeks facilities from the district in which it intends to locate under Proposition 39, it shall follow applicable statute and regulations regarding submission of such a request to a district. a) No later than August 18, 2008, ______ shall provide ACOE a written, signed agreement (lease or other similar document) establishing the School’s right to use the principal school site and any ancillary facilities identified by the School for at least the first year of the School’s operation and evidence that the facility will be adequate for the School’s needs. A pre-opening site visit may be conducted prior to opening of the School. The School shall provide any and all amendments for all school sites and resource centers on an annual basis thereafter. b) Zoning and Occupancy: At least 30 days prior to the School’s opening, ______ will present evidence that the facility is located in an area properly zoned for operation of a school and has been cleared for student occupancy by all appropriate local authorities. For good cause, ACOE may reduce this requirement to fewer than 30 days. The facility must meet all applicable health and fire code requirements and zoning laws. ______ will furnish the ACOE with all local approvals (EC Section 47610(d)) including applicable fire marshal clearances, certificates of occupancy, signed building permit inspections and approved zoning variances. The School cannot exempt itself from applicable/local zoning or building code ordinances. c) Prior to opening a new site or before an existing School may occupy a new or different facility, the ACOE may conduct a site review to determine that the facilities are clean, safe, American Disabilities Act (ADA) compliant, and have the necessary local approvals to operate. A School may not operate in the facility until the ACOE has granted approval to do so. Page 11


SECTION 2: EDUCATIONAL PERFORMANCE 2.1 Educational Program Prior to opening, ______ will submit the following: a) Scope and sequence for all subjects to be offered by the School. b) The complete educational program for students to be served in the first year including, but not limited to: (1) a description of the curriculum and identification of the basic instructional materials to be used, (2) plans for professional development of instructional personnel to deliver the curriculum and use the instructional materials, (3) identification of specific assessments that will be used in addition to the results of the Standardized Testing and Reporting (STAR) program in evaluation of student progress. c) Annual calendar for the School year that includes the number of instructional days (must provide a minimum of 175 days), annual instructional minutes offered, and the number of professional development days. d) Daily bell schedule

2.2 Student Achievement Plan a) The School will not be required to submit a Student Achievement Plan if it meets its API growth targets and AYP, both school wide and by significant subgroups each year. b) If the School fails to meet API and/or AYP targets school-wide or by numerically significant subgroups, it shall be required to submit a Student Achievement Plan to ACOE according to the following dates:  October 1 - draft Student Achievement Plan  December 1 - final Student Achievement Plan c) If ______ is seeking renewal of a charter and the School has not met API and/or AYP in the prior year, it shall submit a draft Student Achievement Plan for the future concurrent with the charter renewal request. d) The School shall implement its final Student Achievement Plan that sets forth the School’s specific goals, how progress towards and achievement of each goal will be measured, and plans for addressing areas identified as needing improvement. The Student Achievement Plan shall build upon the assessment measures, educational goals, and student outcomes described in the charter petition, but shall not provide for less stringent assessment measures, educational goals, and student outcomes than those described in the charter petition. If the final Student Achievement Plan is less stringent than the Charter, this will be considered a material amendment to the Charter and shall be subject to ACOE review and approval.

2.3 Evaluation of Educational Programs a) ______ shall submit by October 30 of each year, an Annual Update Report for the School to the ACOE for the prior year that examines the following: i. STAR results both in aggregate and disaggregated by numerically significant subgroups. ii. CAHSEE results both in aggregate and disaggregated by subgroups. iii. Progress made toward meeting API and AYP targets. iv. Progress made toward each of the educational goals and student outcomes identified in the Charter. v. Results and analysis of any additional internal assessments used by the School. vi. Plans to address areas identified as needing improvement by the School. vii. Evidence that the School is financially sound. Page 12


If the School has been required to submit a Student Achievement Plan, shall also address the following elements in the annual update: i. Progress made in areas identified where progress falls short of meeting outcomes identified in the Student Achievement Plan. ii. Professional development provided to further progress on goals described in the Achievement Plan. iii. Progress made on the implementation of changes to curriculum and instructional strategies identified in the Achievement Plan. iv. Evidence that the School is systemically examining student data and using it to drive decisions regarding curriculum and instruction. b) Annual Plan Regarding ELLs and other Special Needs Students: A continuing plan for the support of students requiring academic assistance to meet school curriculum and assessment requirements, including English language learners and those with identified special education needs, as well as for students continuing to be unsuccessful even with additional support, shall also be submitted to the ACOE in written form on or before October 30 of each year. The plan shall be reassessed, at a minimum, on an annual basis to measure the effectiveness of the program to meet established goals and the School shall make revisions as required. ______ may submit its existing School Quality Review (SQR) report in lieu of the Annual Update provided the SQR addresses the elements required above. The Annual Update, (in conjunction with the Student Achievement Plan, if applicable) shall be used as a central area of focus for site visits. ______ will provide specific evidence that the results, as shown in the Annual Update, are targeting improvement in student achievement, and that the School is financially sound.

2.4 Updates to Alameda County Board of Education At the request of ACOE, the School shall present updates and or reports to the Alameda County Board of Education during the year.

2.5 Services for Students with Disabilities a) It is recognized that ______ Schools is a LEA member of the El Dorado County Office of Education SELPA that the School shall be categorized as a local education agency (LEA) and, that as such, shall be defined as a school district for the purpose of providing special education services to students of the School. As outlined in Education Code 15420, the School, serving as an LEA, shall be responsible for complying with all provisions of 20 U.S.C., Chapter 33 and its implementing regulations as they relate to LEAs. The School shall provide a copy of the Local Plan and approval of the School as an LEA into the EDCO SELPA. The School shall assume all responsibility, including but not limited to full financial responsibility, for the implementation and continuing operation of all items identified in this Section, specifically any and all costs associated with the provision of special education and related services and accommodations under Section 504 of the Rehabilitation Act, for all students who are enrolled in the School, over and above any state or federal funding received for such purposes. b) Special Education Staffing: The School shall provide its own properly credentialed and fully qualified coordinator for special education and shall be responsible for referrals, identification, assessments, IEP and Section 504 team meetings, implementation of Section 504 Plans and IEPs, complaints, mediations, and due process hearings. The School may contract with any other school district for other services, provided that such are available and are at no cost to the County Board and/or ACOE. Written agreements shall be authored to specify such services and costs. It is further recognized that the School may contract with a SELPA, employ its own staff and/or contract with other vendors to deliver services required by the IEPs and/or Section 504 Plans of students enrolled in the School and as otherwise required by applicable state and federal laws. Page 13


c) Requests For Information: The School agrees to fully comply with any lawful requests for information made by the ACOE with regard to special education services and individual students. The ACOE may establish regular meetings with the School coordinator for purposes of reviewing special education and/or Section 504 compliance. The ACOE may also take action to monitor the School to ensure that special education and/or Section 504 services are being provided as required by law and SELPA policy. d) Certification Requirements: ______ and the School agree to defend and hold harmless the County Board, the County Superintendent, the Alameda County Office of Education, and each of their officers, directors, agents and employees, from and against any and all costs, including attorney’s fees, and/or awards related to complaints, due process hearings, mediations or any and all forms of litigation relating to special education and/or Section 504 matters. The School shall provide the ACOE with annual written certification that the School has maintained these provisions as part of The School’s Annual Update Report, as described in Section 2.3. The School acknowledges that its failure to provide all Section 504 and/or special education services required in student Section 504 Plans and IEPs shall constitute a material violation of the conditions, standards and procedures set forth in the charter as well as violation of applicable law sufficient to support the County Board’s revocation of the School’s Charter pursuant to Education Code Section 47607.

SECTION 3: FISCAL OPERATIONS 3.1 Funding The School will be direct funded in accordance with EC Section 47630 et seq. The School’s general purpose entitlement will be calculated in accordance with EC Section 47633 et seq. The parties recognize the authority of ______ or the School to pursue additional sources of funding. a) The parties agree that the school’s funding per ADA shall not exceed enrollment capacity. Except as otherwise provided in Education Code Section 47605.6(e) (2) (C), the parties agree that the maximum enrollment capacity of the School facilities shall be 500. b) The parties specifically agree that it is not the responsibility of the ACOE to provide funding in lieu property taxes to the School. c) In the event that the County Board seeks and receives a voter approved bond, parcel tax, etc., the School shall have no entitlement to any portion of the funds unless otherwise negotiated in advance and agreed to in writing. The parties shall meet sufficiently in advance of any action by the ACOE to pursue such measures so as to advise the School and to determine the positions of the parties. The School agrees that it has no entitlement to funds currently being received, if any, by the County Board and/or the ACOE under former parcel tax or bond elections. d) ______ shall establish a fiscal plan for repayment of any loans received by ______ for the School in advance of receipt of such loans. It is agreed that all loans sought by ______ for the School shall be authorized in writing in advance by ______ and shall be the sole responsibility of ______. In no event shall the County Board and/or the ACOE have any obligation for repayment of such loans. ______ shall provide advance written notice to the County Board and the ACOE specifying its intent to apply for a loan. ______ shall also provide advance written notice of deposit of any sums which are loans and the plan for repayment. e) In general, the ACOE shall not advance any funds to ______ for the School. In addition, the ACOE shall not act or provide a line of credit to ______ for the School. f)

For purposes of cash flow, ______ shall have actual unexpended funds (cash balance) in the amount of at least $560,000 by August 18, 2008, or access to this amount in the form of a line of credit. Such funds are intended for the start up costs of the charter school. In the absence of such

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an appropriate cash balance by August 18, the charter school shall not open without agreement of the County Board.

3.2 Fiscal Agent a) The parties agree that neither the ACOE nor the County Board shall act as fiscal agent for the School. It is agreed that ______ shall be solely responsible for all fiscal services such as payroll, purchasing, attendance reporting, and completion and submission of state budget forms, but may contract with the ACOE for such services by way of mutual agreement. b) To the extent that ______ wishes to contract with the ACOE for any services beyond those specified in this agreement, a prior separate written contract with the ACOE shall be required.

3.3 Student Attendance Accounting and Reporting a) ______ shall use commercially available attendance accounting software (such as Power School, OASIS, SASI, etc.) ______ shall submit enrollment and attendance data as required to receive apportionment of funding according to the following schedule: i. First 20 Day attendance (new schools) by October 25, 2008 ii. First Principal Apportionment (attendance for all full school months between July 1 and December 31) due one week prior to the January date indicated by CDE iii. Second Principal Apportionment (attendance for all full school months between July 1 and April 15) due one week prior to the May date indicated by CDE iv. Annual Apportionment (attendance for school year) due one week prior to the July date indicated by CDE b) In addition to submission of the electronic data files, ______ shall submit to ACOE hard copies of all back up attendance documents, e.g. monthly summary reports that support the reported average daily attendance (ADA). ACOE staff will review and certify the accuracy of attendance data submitted by the School only when all documentation has been submitted and is accurate. Attendance data submitted without the requisite detail will not be processed and may result in a delay of funding to the School. ______ is responsible to assure that all reports are accurate and timely in order to receive regular and timely apportionment payments. c) Weekly attendance sheets signed and dated by teachers, and evidence of contact made with parents when students are absent from School e.g. parent contact log, absence log. etc. shall be maintained by the School, and will be reviewed by ACOE during site visitations.

3.4 Financial Reporting a) ______ is required by EC Section 47604.33 to submit periodic reports of revenues, expenditures, and reserves. In order to meet statutory timelines for Financial Reporting, ______ shall submit reports to ACOE for review, using the state software (SACS 20__ALL) or the Charter School Alternative Reporting form, according to the following schedule: i. Preliminary budget on or before July 1. ii. First Interim Report (expenditures through 10/31) on or before December 15. iii. Second Interim Report (expenditures through 1/31) on or before March 15. iv. Unaudited Actuals Report for the prior fiscal year on or before September 15. b) Any significant changes in the budget or interim reports from one reporting period to the next must be explained in writing. The following back up information shall be consistently provided for each reporting period: i. MYP for current and two subsequent years ii. Assumptions used for two subsequent years iii. Explanation for major variances by category between reporting periods iv. Enrollment projection v. ADA P2 projection by grade level vi. COLA & Deficit percentage Page 15


vii. viii. ix. x. xi.

Calculation used for determining general purpose funding List of statutory benefit rates List of H & W rates and number of participants Number of FTEs for certificated for each year Number of FTEs for classified for each year

c) The parties agree that maintenance of a sufficient level of funding reserve is in the best interest of the School and its successful operation. Accordingly, ______ shall maintain reserves of no less than three percent (3%) for the School based upon the total expenditures and other uses of ______’s Adopted Budget for the fiscal year. An explanation of any projected drop in reserves below the three percent level must be included in the assumptions.

3.5 Annual Audit ______ shall submit an annual independent financial audit in accordance with EC Section 41020(h) to the State Controller’s Office, the ACOE, and the California Department of Education no later than December 15 of each year. In order for the School to receive a favorable recommendation for renewal, corrective action plans shall have been implemented in a timely manner to the satisfaction of the ACOE for any findings or exceptions identified in each annual audit, such that there are no continuing prior year findings or deficiencies identified in the following year. The audit shall be conducted by an auditor from the list approved by the State Controller’s Office. In addition to the School’s financial statements, the audit shall include, as applicable, but not be limited to contemporaneous records of attendance and annual instructional minutes.

3.6 Oversight Fees a) ______ shall be charged an oversight fee for the actual cost of oversight not to exceed 1 percent of the general purpose and categorical block grant revenue received by the School in accordance with EC Section 47613. The fee shall be used to offset consultant and administrative costs required for comprehensive oversight, which includes but is not limited to the following categories: i. Curriculum and instruction ii. Assessment and accountability iii. School fiscal review iv. Site visitations v. Renewal evaluations vi. Attendance accounting certification b) The oversight fee shall be based on the general purpose entitlement and categorical block grant funding provided to the School by the California Dept. of Education.

3.7 State Teachers Retirement System (STRS)/Public Employees Retirement System (PERS) Reporting If ______ offers employees of the School the opportunity to participate in STRS or PERS, ______ shall be responsible for contracting with ACOE for reporting purposes. Such arrangements must be made prior to the hiring of any employee. Written notification that these arrangements have been made will be provided to ACOE prior to the hiring of employees.

SECTION 4: FULFILLING CHARTER TERMS 4.1 Material Amendments to Charter Changes to the Charter deemed to be material amendments may not be made without prior written approval from ACOE. Amendments to the Charter considered to be material changes include, but are not limited to, the following: Page 16


a) Substantial changes to the educational program (including the addition or deletion of an educational program), mission, or vision. b) Adding a classroom-based program/facility. c) Proposed changes in enrollment that increases or decreases by more than 25 percent +/- of the enrollment originally projected in the charter petition in any given year. d) Addition or deletion of grades or grade levels to be served. e) Changes to location of facilities, including school sites, resource centers, meeting space, or other satellite facility including the opening of a new facility. Temporary locations rented for annual student testing purposes shall be exempted from this provision. f) Admissions requirements and procedures. g) Governance structure, including but not limited to: changes in number of board members, method by which new board members are selected, and/or changes in majority/quorum or other provisions relating to resolution approval.

4.2 State Assessments ______ shall comply with and adhere to the state requirements for participation and administration of all state mandated tests for the School, and shall include but not be limited to: a) California Standards Tests b) CAT/6 / CMA c) Aprenda 3 d) California High School Exit Examination (CAHSEE) e) Physical Fitness Test f) California English Language Development Test (CELDT)

4.3 Site Visits The ACOE will conduct at least one visit annually in accordance with EC § 47604. The information gathered will be used to assess the School’s progress in governance and organizational management, educational performance, fiscal operations and fulfillment of the terms of the charter. A school site visit may include review of the facility, review of records maintained by the School, interviews with the director of the School, staff, and clients, and observation of instruction in the classroom. Any deficiencies will be reviewed with the School administration. The evaluations for each year will be used, in additional to other information and reports, to determine a renewal decision. The ACOE reserves the right to make unannounced visits to the School.

4.4 Renewals a) The School may seek renewal of its charter prior to expiration of the term of the Charter in accordance with statutory provisions. The School shall submit its renewal petition for the next charter term along with a copy of the most recent Annual Update Report and Student Achievement Plan (if applicable) to ACOE, no later than October 15 of the school year in which the School would cease operations without renewal. b) ACOE shall review the charter petition, academic and financial performance, audit reports, annual visitation reports, and conduct a renewal site visit prior to scheduling the renewal request for consideration by the ACOE. To the extent required, the charter petition shall be revised in accordance with current statutes and regulations.

c) The school may seek early renewal of its charter if it meets all of the following conditions: i. Has been in existence for at least three years, or has completed three years of a subsequent term of renewal. ii. Has similar schools API rankings of 4 or above in all three years iii. Has met AYP criteria school wide and by significant subgroups in all three years iv. Has submitted accurate and timely budgets, interim fiscal reports, and student attendance data to ACOE Page 17


v. Independent financial audits for all three years have been free of audit exceptions/deficiencies (minor findings corrected in the year of the audit through a corrective action plan are allowable under this provision) vi. Has received no health and safety code violations from local authorities vii. Has demonstrated that a majority of parents, students, and staff are satisfied with performance of the School. viii. Has met the requirements for correction set by ACOE.

4.5 Notice to Cure and Revocation a)

ACOE shall have the right to revoke the Charter in accordance with EC sections 47604.5 and 47607 for specified reasons with prior written notice that shall specify ACOE concerns and issues of non-compliance. Prior to instituting revocation proceedings, the ACOE will provide for a system of progressive notices that correction of a problem by the School needs to occur with specified time lines. The progression of notification of corrective action is as follows:    

Direct contact with the School specifying the concerns, followed by Letter #1. Letter #2 – restatement of concerns if there has been little or no response by the School to the first letter, and a request for a response from the School informing the ACOE about steps the School is taking to address the concern; the ACOE may conduct a site visit. Letter #3 (Notice of Concern) – restatement of concerns and direction to the School to take corrective action by a specified date. Letter #4 (Notice to Cure or Face Revocation) – letter identifying history of failure to correct or address the concerns and directing the School to take specific enumerated actions or submit documentation by a specified date. Failure to do so will result in the institution of revocation proceedings. Revocation – schedule an agenda item for the ACOE to hold a public hearing and consider revocation of the charter.

b) The exception to the above process is under circumstances where the ACOE determines that there is an immediate threat to the health and safety of students and/pr staff of the School. Immediate action may be taken by ACOE to assure the safety and well being of the students, staff, and community, as deemed appropriate by the ACOE in its reasonable discretion, including but not limited to closure of the school and/or revocation of its charter . c) During the period of revocation, the School shall have the opportunity to work collaboratively with the ACOE or its designee to address the concerns and develop a plan to remediate all areas to the reasonable satisfaction of the ACOE. During this period the School shall attempt to resolve the concerns and complete remediation. This provision may also require a charter amendment to be discussed.

4.6 Closure Procedures a) ______ shall provide ACOE updates as are reasonably necessary from time to time to the description of the procedures to be used in the event the School closes as described in the charter. The categories that must be addressed in such procedures are each of the following: i. Identification of a responsible person(s) –This provision shall include a process to ensure that it is updated no less than annually or when any change is made. ii. Notification of students and families of school closure. iii. Security of student and business records. iv. Processing of final employee payroll and benefits. v. Identification of all assets and liabilities and plan for transfer as detailed in the Charter. vi. Final close-out audit to be paid for by the School. vii. Identification of a source of funding to be used for closeout expenses including the final audit. viii. Dissolution of the School and/or nonprofit corporation.

Page 18


b) If the School is to close permanently for any reason (i.e., voluntary surrender, non-renewal, or revocation), the ACOE shall serve written notice on the School that the closure procedures have been invoked. The School will immediately identify to the ACOE the specific individual who is responsible for coordinating the School’s close out activities. ACOE will identify a staff person who will work with the School to accomplish all close out activities. c) The School expressly acknowledges the right of the ACOE, on behalf of the County Superintendent of Schools (pursuant to EC Section 47604.4), to take immediate and direct control of all the School’s student and business records at any time after the ACOE gives written notice that it is invoking the closure procedures.

SECTION 5: ARBITRATION In the event that a dispute between the School and the County Board relating to the charter or this agreement cannot be resolved through the procedures contained in the Charter ("Dispute Resolution") within 90 calendar days of the date notice is given by the complaining party to the other parties, either party shall have the right to take the matter to binding written arbitration, unless both parties agree to an extension of the 90 days, according to the following timeline: A. No later than ten calendar days from and after the request for arbitration, the parties shall choose a mutually acceptable arbitrator from the American Arbitration Association. B. Within ten calendar days after the arbitrator is selected, the parties shall choose a mutually agreeable date and site for the arbitration. C. The costs of the arbitrator shall be borne 50-50 by the County Office and the School.

SECTION 6: SEVERABILITY If any provision or any part of this MOU is for any reason held to be invalid and or unenforceable or contrary to public policy, or statute, the remainder of this MOU shall not be affected thereby and shall remain valid and fully enforceable.

SECTION 7: NON-ASSIGNMENT No portion of this MOU or the Charter petition approved by the ACOE may be assigned to another entity without the prior written approval of the ACOE.

SECTION 8: WAIVER A waiver of any provision or term of this MOU must be in writing and signed by both parties. Any such waiver shall not constitute a waiver of any other provision of this MOU. All parties agree that neither party to this MOU waives any of the rights, responsibilities, and privileges established by the Charter Schools Act of 1992.

SECTION 9: PUPIL TRANSPORTATION The School shall be responsible for any and all transportation offered by the School to students who enroll in the School, including but not limited to any and all transportation required in any student IEP. Page 19


SECTION 10: NOTIFICATION All notices, requests, and other communications under this MOU shall be in writing and mailed to the proper addresses as follows:

To the County Board at: Alameda County Board of Education 313 West Winton Avenue Hayward, CA 94544 Attn: Board President To the ACOE at: Charter Schools Office Alameda County Office of Education 313 West Winton Avenue Hayward, CA 94544 Attn: Sheila Jordan, Superintendent

To the School at: ______ Schools

This document contains the entire Memorandum of Understanding of the parties with respect to the matters covered hereby, and supersedes any oral or written understandings, agreements or MOUs between the parties with respect to the subject matter of this MOU. No person or party is authorized to make any representations or warranties except as set forth herein, and no MOU, statement, representation or promise by any party hereto which is not contained herein shall be valid or binding. The undersigned acknowledges that she/he has not relied upon any warranties, representations, statements or promises by any of the parties herein or any of their agents or consultants except as may be expressly set forth in this MOU. The parties further recognize that this MOU shall only be modified in writing by the mutual agreement of the parties.

Date

Chief Executive Officer or Designee, ______ Schools

Date

President, Alameda County Board of Education

Date

County Superintendent or Designee, Alameda County Office of Education

Page 20


ALAMEDA COUNTY OFFICE OF EDUCATION ATTACHMENT B Reports/Monitoring Activity Checklist For Category of Activity and/or Report

Prior to Renewal

Site Visit

Other Date

1. Governance and Organizational Management 1.1 Organization  School contact information  Organizational chart 1.2 Governing Board Establishment

 

(Changes to any such documents will be provided within 30 days of the change(s) effective date and/or adoption by the Board of Directors of the School.)

  

Articles of Incorporation Bylaws approved by governing board Notice of approval of federal 501(c)(3) taxexempt status  Conflict of Interest Form 700  Membership process for the Board of Directors of the school  Description of the decision-making process used by the school  Roster/biographies of current board members  Identify individual(s) authorized to expend the School funds and issue checks and identification of individuals responsible for review and monitoring of budget reports. 1.3 Governing Board Activities  Calendar of governing board meetings 

Agendas, verification of public posting

Meeting minutes

Brown Act Training verification

Governing board policies such as:        

Conflicts of Interest Parent/student handbook Internal fiscal controls Internal Complaint/Dispute Process Health and safety plan Notification to parents/guardians FERPA notices Criminal records summaries

   

   Within a reasonable amount of time following completion of this agreement and no later than Sept. 30.

  

Within 30 days after adoption of annual calendar and no later than Sept. 30 3 working days in advance of meetings. 1 working day in advance of a special meeting 15 working days after the meeting.

 Changes should be submitted by 8/30 of each year after the first year of operation

        i


Category of Activity and/or Report 1.4 Administration  Descriptions of enrollment and outreach, including preferences, if any  List of Enrolled Students, including parent’s or

Prior to Opening

 

Recruitment Rules/regulations Description of local parent/teacher councils

Job descriptions and qualifications of each position at the School.

Employment rules including evaluation, hiring and termination. Employee handbook

Employee contracts EMO contracts (if any) Facilities Lease Agreement(s) Insurance coverage Certificate of Occupancy, building permits, evidence of appropriate zoning School Accountability Report Card (SARC)

   

     

Other Date

guardian’s name, residence address, name & address of school attended in previous year, and the district of residence for each student

Site Visit

9/30 of each year

Within a reasonable amount of time following completion of this agreement. Within a reasonable amount of time following completion of this agreement and no later than Sept. 30.

Within a reasonable amount of time following completion of this agreement and no later than Sept. 30.

 4/30 of each year after the first year of operation

2. Educational Performance 2.1 Education program  Scope and sequence for all grades  Complete educational program, including curriculum, instructional materials, professional development plans, and identification of assessments  Annual school calendar  Daily bell schedule for site-based school  Faculty and staff credentials (as applicable)  2.2 Student Achievement Plan  Draft Student Achievement Plan  Final Student Achievement Plan

 

5/01 of each year

  

 

8/01 of each year 8/01 of each year 8/01 of each year

 

10/01 (if applicable) 12/01 (if applicable)

ii


Category of Activity and/or Report

Prior to Opening

Site Visit

Other Date

10/30 of each year after the first year of operation

2.3 Annual Update  Progress report on student achievement including but not limited to: 

STAR results both in aggregate and disaggregated by numerically significant subgroups.  CAHSEE results both in aggregate and disaggregated by subgroups.  Progress made toward meeting API and AYP targets.  Progress made toward each of the educational goals and student outcomes identified in the Charter.  Results and analysis of any additional internal assessments used by the School.  Plans to address areas identified as needing improvement by the School.

2.4 Special Education  SELPA participation documentation  IEPs/special ed. student files  Special Education compliance certification 2.5 Independent Study (if applicable)  Verification of requirements of law, including:  Frequency of contact  Student/teacher ratios  Student/Parent Contracts  Evaluation of student work for time value

  8/01 of each year

   

3. Fiscal Operations 3.1 Funding  Verification of funding 3.3 Student Attendance Accounting/Reporting  Attendance Accounting Procedures  First 20 days attendance/supporting documents  Electronic documentation of monthly enrollment/attendance  P-1 attendance/supporting documentation  P-2 attendance/supporting documentation  P-Annual attendance/supporting documentation 3.4 Financial Reporting  Annual budget  First interim report  Second interim report  Unaudited actuals report

  10/07 Due the 15th of each month

01/07 of each year 04/25 of each year 07/07 of each year 06/25 of each year 12/07 of each year 3/07 of each year 9/07 of each year

iii


Prior to Site Other Date Opening Visit  All submitted financial reports will include the following supplemental information:  A cash flow report (except with annual budget)  Budget Assumptions  Multi-year projection for current and subsequent two years  Bank statement if School does not maintain its funds in the county treasury  A supplemental financial report showing the budget to date and financial transactions 3.5 Annual Audit  Annual independent financial audit 12/15 of each year 3.6 Oversight Fees Quarterly  Payment of invoice for oversight fee

Category of Activity and/or Report

3.7 STRS/PERS Reporting  Contract with ACOE for STRS/PERS reporting

4. Fulfilling Charter Terms 4.1 Material amendments  Material amendments if applicable, approved by the governing board and ACOE 4.2 STAR Testing  Verify participation in STAR testing 4.3 Site Visits  Pre-opening documentation of conditions met  Periodic site visit verification of adherence to charter 4.4 Renewal  Notice to ACOE of intent to renew

As needed As needed

 

In the Spring of the 4th year of operation prior to renewal No sooner than 10/1 of renewal year No sooner than 10/1 of renewal year

Revised charter petition reflecting most recent statutory changes  Student Achievement Plan for next five-year term 4.5 Notice to Cure and Revocation  Documentation of corrective actions taken, if applicable 4.6 Closure Procedures  Procedures to be used in event of school closure  Identification of point of contact for closure activities

At least annually

As needed

 

Other Activities and/or Reports 

Terms of MOU shall be reviewed annually by all parties. The current MOU shall stay in effect until modified by written agreement of both parties.

03/15 of each year

iv


Category of Activity and/or Report 

The school shall notify ACOE of any pending or actual litigation and/or claim from any party or notice of potential infraction, criminal or civil action against the school or any emplo9yee, or request for information by any governmental agency The ACOE may investigate complaints from parents or other groups or individuals and provide a written report on the results of the investigation. The ACOE Shall meet to review the following items:  Unanticipated financial needs and/or emergency considerations.  Borrowing/line of credit  Developing program plans, including copy of portfolio model.  Changes in budget revenue or expenditure needs.  New information regarding per pupil categorical funds received by the School  Review of financial assumptions upon which support levels were discussed  Changes in law/regulations impacting public schools.  Facilities needs/changes.  Staffing needs/changes, including credentialing issues.  Instructional calendar.  Facility use calendar.  In-service training opportunities, if any.  Developing calculations of services to be purchased by the School from the County Superintendent.  Such other issues as the parties may request

Prior to Opening

Site Visit

Other Date

Immediately

As needed

As needed

v


Alameda County Office of Education Charter School Monitoring and Oversight Checklist Pursuant to Education Code Citations

Cal Prep Charter School Contact:

Phone Number:

ACOE Contact Person: Teresa Kapellas

Phone Number: ( 510) 670-4272

Person Responsible

Monitoring & Oversight Responsibilities

A. Education Code Requirements 1. Identify person from ACOE as the contact person for Charter School [EC 47604.32(a)] The authority that granted the charter may inspect or observe any part of the charter school at any time [EC 47606(a)(1)] 2. Visit this charter school at least annually

[EC 47604.32(b)]

Teresa Kapellas

Teresa Kapellas Teresa Kapellas

3. Ensure that Charter School complies with and submits all fiscal reports required by law [EC 47604.33]

Araceli Varela

Teresa Kapellas 4. Monitor the fiscal condition of this charter school [EC 47604.32(d)]

Roland Tom Darrel Jeung

5. Determine whether any material revisions made been made to the original charter.

Teresa Kapellas

6. Has the MOU for the current year been agreed upon and signed by both parties?

Teresa Kapellas

Monitoring Oversight Duties rev. 6-10

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

Findings

A. Education Code Requirements 7. Provide timely notification to CDE if any of the following circumstances occur or will occur with regard to this charter school [EC 47604.32(e)]: 1

a renewal of the charter is granted or denied

Teresa Kapellas

2. the charter is revoked 3. the charter school will cease operation for any reason. B. Educational Performance [EC 47605(b)(5)(A) and (B) and (C)]

1. Verify that Charter School has sufficient state adopted/standards-based instructional materials.

Naomi Eason (Ed Services Staff) Araceli Varela

2. Review measurable outcomes and student data. Review STAR and API data for the preceding year.

Naomi Eason (Ed Services Staff) Teresa Kapellas

3. Verify parents are informed about transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements [EC 47605(b)(5)(A)(ii)]

Teresa Kapellas Araceli Varela

4. Verify that faculty and staff have received any specific training required by law and that they are provided opportunities for professional development necessary to carry out the instructional program.

Naomi Eason (Ed Services Staff) Teresa Kapellas

5. Verify that students who are achieving significantly below or above grade level, or who are English Learners, are appropriately identified and receiving services.

Naomi Eason (Ed Services Staff) Teresa Kapellas

Monitoring Oversight Duties rev. 6-10

.

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

C. Personnel Qualifications & Requirements [EC 47605 (1) and (b)(5)(E) and (F) and (K)] 1. Verify that the qualifications are met by individuals who are to be employed, or who are currently employed, by the school; request copies of teacher credentials; CLAD or BCLAD; and HQT certification, which by EC citation should be on file at this charter school site.

Teresa Kapellas Stephanie Tomasi

2. Audit Charter School personnel files for criminal background checks and health checks (clear TB Skin Test) completed: These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237. [EC 44830.1]

Stephanie Tomasi Teresa Kapellas

3. Audit this charter school’s retirement reporting process

Vickie Chang

4. Audit Charter School’s hiring of Independent Contractors. [EC 45125.1]

Teresa Kapellas Roland Tom

D. Special Education [EC 48640-47647] 1. Request listing or a review of Pupil Records to determine if any of the enrolled pupils are special needs pupils and have an active IEP.

Teresa Kapellas

2. If so, verify that the students were assessed in a timely manner and that the services received are in accordance with their IEP

Teresa Kapellas

E. Proposed School Calendar [EC 47612.5] 1. Secure copy of charter bell schedule to ensure that the required number of instructional minutes is being provided to all pupils. [EC 47612.5(a)(1)(A-D)]

Monitoring Oversight Duties rev. 6-10

Araceli Varela

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

Findings

F. Governance and Organizational Management 1. Secure copies of finalized Charter School enrollment packets, Student-Family Handbook, Parents Rights and other policy manuals that have been approved by the governing board for dissemination.

Araceli Varela

2. Verify admissions practices, (nonsectarian, nondiscriminatory, tuition free, and admission preferences) including number of actual students enrolled, waiting lists, and expulsion and suspensions. Verify that students’ attendance is being appropriately recorded, and that parents (guardians) are being efficiently and effectively informed of absences.

Teresa Kapellas

[EC 47605(H)(2A)(2B)(C3)]

Araceli Varela

[EC47612.5(a)(2)]

3. Verify that the Governing Board meets regularly in Alameda County and in accordance with applicable provisions of law (Brown Act) and recording of all actions taken. [EC 47608]

Araceli Varela Teresa Kapellas

4. Verify that there is a process in place that ensures that families, faculty, and staff may provide input regarding the charter school’s effectiveness. [EC 47605(b)(5)(D)]

Teresa Kapellas

5. Review and monitor the leadership and management of the school to improve student achievement.

Teresa Kapellas

6. Review an analysis of any internal/external dispute resolutions [EC 47605(b)(5)(N)]

Teresa Kapellas

G. American Disabilities Act & Facilities 1. The Charter School facility meets federal requirements, including the American with Disabilities Act requirements in serving its pupils and employees.

Ind. Contractor

2. Review the charter school’s safety plans, including the IIPP, and obtain a copy of the health and safety procedures. [EC 47605(F)]

Ind. Contractor

Monitoring Oversight Duties rev. 6-10

Araceli Varela

Araceli Varela

The governing board meets regularly in Alameda County, follows the Brown Act, and completed minutes and agendas for each meeting are available.

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

3. Request copies of fire and safety drills and extinguisher checks.

Araceli Varela

4. Request a copy of the charter school’s evacuation map

Araceli Varela

5. Review the comprehensive school site safety plan 6. Review employee job specific trainings; e.g. ergonomics, proper lifting procedures, blood born pathogens, etc. 7. Verify that the charter school has obtained and is maintaining sufficient facilities to accommodate its operations, that the facilities have received all necessary local agency clearances, which have involved an inspection by a structural engineer.

Teresa Kapellas

Ind. Contractor Araceli Varela Ind. Contractor Araceli Varela

Ind. Contractor Araceli Varela

H. Independent Study: [EC 46300(e)(2)] CCR Title 5 11702 1. Obtain logs documenting the Independent Study ratio of teacher to student and frequency of contact 2. Review a sample of Independent Study work to ensure the evaluation of the students work for time value and thus its compliance with Education Code. 3. Examine student work contracts

Teresa Kapellas Araceli Varela

Teresa Kapellas

Teresa Kapellas

I. Compliance with FERPA 1. What evidence does the Charter School have to demonstrate its compliance with FERPA? Is that information located in the Charter School Policy Manual or noted in each pupil record?

Monitoring Oversight Duties rev. 6-10

Araceli Varela

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

J. Pupil Immunizations 1. Review annual report to ensure that all pupils enrolled in the charter school have the required immunizations.

Araceli Varela

K. Due Process – Student Expulsions 1. Audit any pupil records for students who may have been recommended for expulsion to ensure that: 1) due process has been followed; and 2) for special needs students, all of the procedures and processes have been provided to the student, as reflected in the IEP prior to a 10 day suspension and expulsion order being made by the charter school governing board.

Teresa Kapellas Jan Passama

L. Annual Reports and Due Dates 1. Charter School’s annual report shall be received by September 30th. [EC 47604.33(a)] 2. The sponsoring agency shall respond in writing within 2 months, if necessary. 3. A copy of Consolidated Application, both Part 1 and 2 have been submitted to ACOE (if applicable) 4. Review required fiscal reports as specified in the Charter’s MOU and chartering documents. 5. Review the September 15th final unaudited report for the full prior year. The chartering authority shall use any financial information it obtains from the charter school to assess the fiscal condition of the charter school pursuant to subdivision (d) of EC 47604.32. 6. Review the independent audit report received by December 15th. (EC 47605(m))

Monitoring Oversight Duties rev. 6-10

Araceli Varela Teresa Kapellas

Araceli Varela Roland Tom Teresa Kapellas

Roland Tom Darrel Jeung

Roland Tom Darrel Jeung

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

7. Verify that the charter school has arranged for audits to be conducted in accordance with applicable provisions of law; review any auditor’s comments and the charter school response and verify that the charter school has take action to resolve audit exceptions. Obtain a copy of the correction plan as required by an audit report 8. Verify that the Charter School is up-to-date with payments due for insurance coverage and that the coverage continues to be consistent with the common practice for enterprises of like magnitude. 9. Verify that Charter School’s plans and systems to manage its business affairs are reasonable and are operating effectively; e.g. payroll, purchasing, grants, contributions, any other financial transactions, and inventory.

Person Responsible

Araceli Varela Roland Tom Teresa Kapellas

Araceli Varela

Teresa Kapellas Roland Tom

Renewal Requirements (as applicable) Procedures will be put in place to ensure that all fiscal documents are submitted to CDE in a timely manner

Teresa Kapellas

Budgets and supporting schedules will have consistent financial information and assumptions

Teresa Kapellas

Araceli Varela

Roland Tom

All insurance certificates are housed at Charter School with their address on the documents.

Teresa Kapellas

All sub-group data will be included in any data analysis relating to state assessments;

Araceli Varela

Charter School has established its own separate web page

Araceli Varela

Charter School is responsible for and houses all its own operations

Araceli Varela

Monitoring Oversight Duties rev. 6-10

Teresa Kapellas

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

M. Renewal Criteria: [ EC 47607] AB 1137 Commencing on January 1, 2005, or after a charter school has been in operation for four years, whichever is later, a charter school shall meet at least one of the following criteria prior to receiving a charter renewal pursuant to paragraph (1) of subdivision (a): 1. 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.

Teresa Kapellas

2. Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years.

Teresa Kapellas

3. 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.

Teresa Kapellas

4. The entity 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.

Teresa Kapellas

5. Has qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052

Teresa Kapellas

Monitoring Oversight Duties rev. 6-10

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

N. Determination of Renewal: [EC 47607] The determination made pursuant to this paragraph shall be based upon 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 Program established by Article 4 (commencing with Section 60640) for demographically similar pupil populations in the comparison schools.

Charter Renewal Review Team

(iii) Information submitted by the charter school. 1. A chartering authority shall submit to the Superintendent of Public Instruction copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The 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 Section 47604.5.

Charter Renewal Review Team

2. A charter renewal may not be granted to a charter school prior to 30 days after that charter school submits materials pursuant to this paragraph.

County Board of Education.

Monitoring Oversight Duties rev. 6-10

Findings

Date Completed by ACOE Staff


Monitoring & Oversight Responsibilities

Person Responsible

O. Revoking A Charter School: [EC47607(c)] 1. A charter may be revoked by the authority that granted the charter under this chapter if the authority finds that the charter school did any of the following:

County Board of Education.

1.1 Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.

ACOE Monitoring & Oversight Team

1.2 Failed to meet or pursue any of the pupil outcomes identified in the charter.

ACOE Monitoring & Oversight Team

1.3 Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.

ACOE Monitoring & Oversight Team

1.4 Violated any provision of law.

ACOE Monitoring & Oversight Team

2. Prior to revocation, the authority that granted the charter shall notify the charter public school of any violation of this section and give the school a reasonable opportunity to cure the violation, unless the authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. [EC 47607(d)]

Monitoring Oversight Duties rev. 6-10

County Superintendent or designee.

Findings

Date Completed by ACOE Staff


CHARTER SCHOOL OVERSIGHT FRAMEWORK These oversight practices fall under the EC, Charter Petition, or the Authorizer’s Agreement/MOU Education Code 47605: A. Educational Program B. Measurable Pupil Outcomes C. Methods to Assess Pupil Progress Toward Outcomes D. School Governance E. Employee Qualifications F. Health and Safety Procedures G. Means to Achieve Racial/Ethnic Balance H. Admissions Requirements I. Financial Practices and Audit J. Pupil Suspension and Expulsion K. Staff Retirement System L. Attendance Alternatives M. Employee Rights N. Dispute Resolution Process O. Labor Relations P. Closure Procedures

i. ii. iii. iv. v.

vi. vii.

TOPIC

Fiscal Operations (A, F, I, L, i, iv, vii)

County Authorizers Forum\June 2009

Ed Code 47605.6 (b): A County Board may impose any additional requirements that it considers necessary for the sound operation of a countywide charter school. Ed Code 47605.6 (b)(5)(D): The location of each charter school facility that the petitioner proposes to operate (countywide) Ed Code 47605 (c)(2)(d)(1): 4 Assurances – nonsectarian, non-discriminatory, tuition free, admission preferences Ed Code 47607(a)(1) : The authority that granted the charter may inspect or observe any part of the charter school at any time. Ed Code 47607(b): At least one must be met for Renewal: (1) Attain API growth target (2) Ranked in deciles 4 to 10 (3) Ranked in deciles 4 to 10 for a demographically comparable school (4) at least equal to the in academic performance to the public schools the students would have gone to and the district that the school is located. (5) Has qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052. CHARTER PETITION OTHER AUTHORIZED SCHOOL AGREEMENTS//MOUs

DESK REVIEW • • • • • • • • • • • • • • •

Annual Budget & Interim Reports Unaudited Actuals Audit Report Aligns with Ed. Program Internal Controls/Procedures Short or long term debt Potential Liability Claims Bank Account Statements/Cash Flow/Reserves Staffing, Enrollment Projections Property Liability General Liability Worker’s Comp CON APP Grants Attendance Reports

SITE REVIEW • • • • • • •

Student records School Forms Business Practices Accounts Payable System Independent Study docs (if app) Attendance logs/teacher rosters Interview attendance and business staff

Page 1


CHARTER SCHOOL OVERSIGHT FRAMEWORK These oversight practices fall under the EC, Charter Petition, or the Authorizer’s Agreement/MOU TOPIC Educational Performance and Ongoing Assessment (A, B, C, i, vi, vii)

DESK REVIEW

• • • • • • • • • •

School Calendar (days) Bell Schedule (minutes) Master Calendar/Schedule (high school) Curriculum Materials Professional Development Annual Report (Academic Performance, ELL Plan, Economically Disadvantaged, etc.) Parent Handbook (parent complaint process) API/AYP scores Program Improvement Status Achievement Plan (Alternative Assessment Measures - if required) CAHSEE Results CELDT, Physical Fitness NCLB (if receiving Title I Funding) SARC Report Building Code Compliance Lease Agreements Certificate of Occupancy Prop 39 Facility Requests SARC Report Emergency Evacuation Plans

• • • • • •

Brown Act Policies & Procedures Agenda/Minutes Conflict of Interest/R700 Parental Involvement (policies, surveys) Amendments to Charter or MOU (as needed)

• • • •

Hiring Practices & Policies (Retirement System) Credential Match w/Master Schedule Criminal Background Checks Employee Handbook (universal complaint procedures) Employee Contract Professional Development (agendas) SARC Report Annual Report (Promotion of Racial Balance) Admission Policies and Preferences Disciplinary Policies SARC Report Universal Complaint Procedures

• • • • • • • • • •

Facilities & Operations (F, I, i, ii, vii)

Board/Governance (D, E, F, G, H, I, J, M, N, O, P, i, iv, vii)

Personnel (E,K,M,O, i, iv, vii)

Student Services (G,H,J, L, i, iii)

County Authorizers Forum\June 2009

• • • • • • • •

SITE REVIEW • Evidence of adherence to charter educational program • Special Programs: ELL, Special Ed., GATE • Classroom Observation (CSR classroom, Student Work/Pupil progress, Content Standards, Instructional Materials, Differentiating for special learners) • Interview teachers and parents

Adherence to Safety Plan Disaster Preparedness Adequate space for number of students Playground space ADA compliance Health/Safety-Maintenance Interview administrator and students Board Meetings Parent Involvement (volunteer logs, TB results, surveys) • Interview Board Members • • • • • • • • •

• Classroom Observation (match credential w/subject) • Interview business office and admin staff • Universal Complaint Procedures

• Enrollment Forms • CUMs/Case Files (Authorized Personnel, Access Logs) • Discipline Records/Due Process • Attendance Accountability • Interview administrator Page 2


County Authorizers Forum\June 2009

Page 3


Sheila Jordan, Superintendent of Schools 313 West Winton Avenue Hayward, California 94544

Charter School Review Process

Petition Appeal Submission Packet to Alameda County Office of Education

Charter Schools Unit Business Services Division 510.670.4236


313 West Winton Avenue Hayward, California 94544 Telephone: 510.670.4236 Fax: 510.670.4572

Appeal Submission Packet for the Establishment of a Charter School Following Denial by a School District

TABLE OF CONTENTS Appeal Review Timeline

Page 2

Charter Submission Process

Pages 3

Charter School Petition Review Guidelines

Pages 5

Forms Cover Sheet

Page 10

(Form A) Notice of Intent to Submit Application on Appeal of Denial

Page 11

(Form B) Request for Information from Prospective Charter School Board Members

Page 12

(Form C) Applicant Information

Pages 13

1


APPEAL REVIEW TIMELINE Action

Timeline

Petitioner submits  Form A: Notice of Intent to Submit Application on Appeal of Denial 

Items listed on page 3 of this packet

The exact Petition for a Charter School that was denied by the school district

ACOE Charter School Petition Review Checklist indicating where each of the required elements can be located in the petition.

Within 180 days of denial: Petitioner must submit the completed documents as described (changes can only be made to comply with ACOE requirements) 

* Upon determination that the documents submitted are complete, a public hearing is scheduled

 30 days from receipt of all required documents

** Decision by the County Board of Education at a public meeting

 60 days from receipt of all required documents

Agreement by petitioner and ACOE that additional time is required (optional)

 30 day extension of timeline

* ACOE staff determines whether the petition is proper and complete. ** If the ACBE approves the petition, the petitioner must submit written notice of approval and a copy of the petition to the affected school districts within the county, the CDE and the SBE. If the ACBE denies the petition, a Finding of Facts will be prepared and sent to The Charter School (and a copy to the school District that denied the original petition). 2


Charter Submission Process Petition Presented on Appeal Following Denial by a School District A. Submitting the Appeal (Submission must be within 180 days of denial by District) Only complete submission packets will be reviewed.

The charter appeal review timeline becomes effective after all of the following have been submitted. 

ACOE Charter Review Matrix with page numbers identifying the location of required information indicated in the second column of the matrix Please assemble fifteen (15) binders plus one CD containing the following items with tabs separating each requirement

Table of Contents

►Form A

Articles of Incorporation for the non-profit organization (or explanation of why these have not yet been developed), if applicable. By-laws for non-profit organization.

The original Charter Petition and supporting documents considered by District when petition was denied.

The charter petition to ACOE including: A copy of the District governing board’s action of denial of the petition and the governing board’s written factual findings specific to the particular petition, as required by E.C. section 47605(b). A description of any changes to the petition necessary to reflect the County Board of Education as the chartering entity. A reasonably comprehensive description of all 16 elements and supplemental materials. Proposed charter school budget (including start-up costs and multi-year projections for 2 subsequent years). A signed certification of compliance (assurances) with applicable law. Signature pages 50% of meaningfully interested teachers OR 50% of meaningfully interested parents for start-up charter schools 50% of the permanent teaching staff for conversion charter schools Request for Information from Prospective Charter School Board Members. Including resumes ►Form B and questionnaires.

Notice of Intent to Submit Application on Appeal of Denial

The above items must be hand delivered to the Charters Schools Office of the Alameda County Office of Education 313 West Winton Avenue, Hayward, CA 94544

B. Additional Information that may be requested at a later time:

Do Not Submit Until Requested

Applicant Information form

►Form C

Resumes and credentials for all meaningfully interested teachers

3


Charter Submission Process C. Public Hearing The County Board of Education shall hold a public hearing on the provisions of the charter petition. The level of support for the petition by teachers employed by the county or district, other employees of the county or district, and parents, shall be considered. Prior to the Board hearing Staff will notify petitioners to give final guidance regarding the process of the Public Hearing, and discuss any relevant questions specific to the charter school that will need to be addressed at the public hearing.

D. Petition Review Upon receipt of a charter school petition, the Charter School Review Team will review the petition to assess its comprehensiveness. Individuals knowledgeable in curriculum and instruction, human resources, school business, and special education may be included in the review process. The team will provide a written report and analysis to the County Superintendent to support the approval or denial of the charter petition. Petitioners will be notified of the staff’s completion of its analysis.

E. The Analysis After the Public Hearing and prior to the formal County Board of Education review and decision concerning the charter petition, the County Superintendent or designee shall conduct an analysis of the responses submitted by the charter school petitioner regarding any questions or concerns about the petition. This analysis shall be submitted to the County Board of Education prior to the formal review and decision regarding the charter petition. Written responses should be submitted to the County Superintendent in sufficient time to be incorporated into the review process.

F. Alameda County Board of Education Approval Process Within the guidelines delineated in Education Code § 47605, the Board of Education will make a final decision regarding the granting or denial of the charter petition. Petitions may be approved with conditions, including but not limited to the execution of an agreement/memorandum of understanding. The Board of Education will not deny a petition unless it makes written factual findings setting forth specific facts to support one or more of the following findings: 1. 2. 3. 4. 5.

The charter school presents an unsound educational program for students; The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition; The petition does not contain the required number of signatures; The petition does not contain the necessary affirmations; The petition does not contain reasonably comprehensive descriptions of the sixteen required elements.

4


Charter School Petition Review Guidelines Presented on Appeal Following Denial by a School District Element 1 - The Educational Program “A description of the educational program of the school, designed, among other things, to identify those whom the school is attempting to educate, what it means to be an ‘educated person’ in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.” Ed. Code § 47605 (b)(5)(A) A “reasonably comprehensive” description must include:  Target School Populations  Age, grade levels and number of students  Describe students whom the charter will attempt to educate  Provide Attendance Information as follows:  School year, academic calendar, number of school day and instructional minutes  Attendance expectations and requirements  Describe What it Means to be an Educated Person in The 21st Century  Provide objectives of enabling pupils to become self motivated, competent, lifelong learners  Provide a clear list of general academic skills and qualities important for an educated person  Provide a clear list of general non-academic skills and qualities important for an educated person  Provide a Description of How Learning Best Occurs to include:  Persuasive instructional design  Broad outline (not entire scope and sequence) of the curriculum content  Description of instructional approaches and strategies  Description of learning setting (e.g. traditional, home-based, distance learning, etc.)  Proposed program strongly aligned to school's mission  Affirmation that, or description of, how curriculum aligned to California Content Standards  Outline a plan or strategy to support students not meeting pupil outcomes  Instructional design or strategies based upon successful practice or research  Describe instructional strategies for special education, Insufficient English proficient students, etc  Additional Requirements for Charter Schools Serving High School Students are:  How Charter School will inform parents about the transferability of courses to other public high schools  How Charter School will inform parents about the eligibility of courses to meet college entrance requirements

Element 2 – Measurable Student Outcomes The measurable pupil outcomes identified for use by the charter school. ‘Pupil outcomes,’ for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the school’s educational program.” Ed. Code § 47605 (b)(5)(B) A “reasonably comprehensive” description must:  Describe how pupil outcomes are measurable (i.e. specific assessments listed for each exit outcome)  Describe how pupil outcomes will address state content and performance standards in core academics  Provide clearly stated exit outcomes and include acquisition of academic and non-academic skills  Provide affirmation that "benchmark" skills and specific classroom-level skills will be developed  Provide affirmation/description that exit outcomes will align to mission, curriculum and assessments  Provide affirmation that college-bound students wishing to attend California colleges or universities will have the opportunity to take courses that meet the “A–G” requirements  Provide lists of school-wide student performance goals students will achieve over a given period of time: and projected attendance levels, dropout percentage, graduation rate goals, etc.

5


Charter School Petition Review Guidelines  

Provide acknowledgements that exit outcomes and performance goals may need to be modified over time If high school, define graduation requirements and address WASC accreditation

Element 3 – Student Progress Measurement “The method by which pupil progress in meeting those pupil outcomes is to be measured.” Ed. Code § 47605 (b)(5)(C) A “reasonably comprehensive” description must have the following criteria:  At least one assessment method or tool listed for each of the exit outcomes  Assessments including multiple, valid and reliable measures using traditional/alternative tools  Assessment tools including all required state and federal assessments (STAR, API, and AYP)  Chosen assessments that are appropriate for standards and skills they seek to measure  Affirmation/description of how assessments align to mission, exit outcomes, and curriculum  Describe minimal required performance level necessary to attain each standard  Outline plan for collecting, analyzing/utilizing and reporting student/school performance

Element 4 – Government Structure “The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement” Ed. Code § 47605 (b)(5)(D) A “reasonably comprehensive” description must:  Describe what role parents have in the governance and operation of the school  Describe key features of governing structure (usually a board of directors) such as:  Compliance with Brown Act, Public Records Act and Conflict of Interest Policy  Size/composition of board, board committees and/or advisory councils  Board's scope of authority/responsibility  Method for selecting initial board members  Identified initial governing board members by name and/or the process to be used to select them  Board election/appointment and replacement  Provide affirmation of future development of, or set of, proposed bylaws, policies or similar documents  Provide clear description of the legal status of the charter school  Outline other important legal or operational relationships between school and granting agency

Element 5 – Employee Qualifications “The qualifications to be met by individuals to be employed by the school.” Ed. Code § 47605 (b)(5)(E) A “reasonably comprehensive” description must:  Identify all key staff positions with the school  Describe specific key qualifications (knowledge, experience, education, certification, etc.)  Define core, college preparatory teachers and affirm they will hold appropriate Commission on Teacher Credentialing certificate, permit or other equivalent document as required by Law including the No Child Left Behind Act.  Identify any non-core, non-college prep teaching positions staffed by non-certified teachers, along with required qualifications.

6


Charter School Petition Review Guidelines Element 6 – Health and Safety “The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in § 44237.” Ed. Code § 47605 (b)(5)(F) A “reasonably comprehensive” description must:  Affirm that each employee will furnish the school with a criminal record summary  Outline specific health and safety practices addressing such key areas as:  Seismic safety (structural integrity and earthquake preparedness)  Natural disasters and emergencies  Immunizations, health screenings and administration of medications  Tolerance for use of drugs and/or tobacco  Staff training on emergency and first aid response  Provide references accompanied by a detailed set of health and safety related policies/ procedures or the date by which they will be adopted and submitted to ACOE

Element 7 – Racial and Ethnic Balance “The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.” Ed. Code § 47605 (b)(5)(G) A “reasonably comprehensive” description must:  Lists specific practices/policies designed to attract a diverse applicant pool/enrollment  Provide practices and policies to achieve targeted racial and ethnic balance

Element 8 – Admission Requirements “Admission Requirements, if applicable.” Ed. Code § 47605 (b)(5)(H)

A “reasonably comprehensive” description must have:  Mandatory assurances regarding non-discriminatory admission procedures  Admission preferences which are required for conversion charter schools, if applicable  Proposed admissions and enrollment process and timeline, as well as procedures for public random drawings, if necessary  Clearly described admission requirements, including any preferences

Element 9 – Annual Financial Audits “The manner in which annual, independent, financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.” Ed. Code § 47605 (b)(5)(I) A “reasonably comprehensive” description must have:  Procedures to select and retain independent auditor  Qualifications of independent auditor  Audits to employ generally accepted accounting procedures  The manner in which the audit will be conducted  The scope and timing of the audit, as well as required distribution of completed audit  A process for resolving audit exceptions and deficiencies to the satisfaction of the Alameda County Office of Education

7


Charter School Petition Review Guidelines Element 10 – Suspension and Expulsion “The procedures by which pupils can be suspended or expelled.” Ed. Code § 47605 (b)(5)(J) A “reasonably comprehensive” description must:  Detailed a step-by-step process by which students may be suspended or expelled  Reference a comprehensive set of student disciplinary policies  Outline or describe strong understanding of relevant laws protecting constitutional rights of students, generally, and of disabled and other protected classes of students, in particular.  Have policies to balance students' rights to due process with responsibility to maintain a safe learning environment  Explain how ACOE may be involved in disciplinary matters

Element 11 – Staff Retirement System “The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.” Ed. Code § 47605 (b)(5)(K) A “reasonably comprehensive petition” must:  Have a statement of whether staff will participate in STRS, PERS, or Social Security (if STRS, then all teachers must participate)

Element 12 – Attendance Alternatives “The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.” Ed. Code § 47605 (b)(5)(L) A “reasonably comprehensive petition” must:  State that students may attend other schools or pursue an inter-district transfer in accordance with existing enrollment and transfer policies of their district or county of residence and/or description of other attendance alternatives

Element 13 – Description of Employee Rights “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.” Ed. Code § 47605 (b)(5)(M) A “reasonably comprehensive petition” must:  State that collective bargaining contracts of ACOE will be controlling  Whether and how staff may resume employment within the district or ACOE, if applicable  Describe sick/vacation leave and the ability to carry it over to and from charter school, if applicable.  Identify whether staff will continue to earn service credit (tenure) in district or ACOE while at charter school, if applicable.

Element 14 – Dispute Resolution Process “The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.” Ed. Code § 47605 (b)(5)(N) A “reasonably comprehensive petition” must:  Outline a simple process for the charter school and the Alameda County Office of Education to settle disputes relating to the provisions of the charter  Outline a process by which charter school will resolve internal complaints and disputes

8


Charter School Petition Review Guidelines Element 15 – Labor Relations “A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (Chapter 10.7 ( commencing with Section 3540) of division 4 of Title 1 of the Government Code).” Ed. Code § 47605 (b)(5)(O) A “reasonably comprehensive petition” must:  State whether charter or ACOE will be the employer for EERA purposes. If ACOE is to be the employer, include provisions clarifying charter's role in collective bargaining process.

Element 16 – Closure Procedures “A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.” Ed. Code § 47605 (b)(5)(P) A “reasonably comprehensive petition” must:  Outline a description of the process to be used if the charter school closes o The process should include a final audit of the charter school, specific plans for disposition of all net assets and liabilities, as well as for the maintenance and transfer of pupil records

If you have any questions about the application process Please do not hesitate to contact the Charter Schools Unit of the Administration and Business Services Division at 510.670.4236 Email inquiries can be addressed to avarela@acoe.org

9


FORMS

Form A ► Notice of Intent to Submit Application on Appeal of Denial Form B ► Request for Information From Prospective Charter School Board Members Form C ► Applicant Information Form

Electronic versions of the forms can be requested by emailing avarela@acoe.org

10


Form A

Notice of Intent to Submit Application On Appeal of Denial PETITION FOR ESTABLISHMENT OF A CHARTER SCHOOL

CHARTER SCHOOL INFORMATION Name of proposed charter school: General location (including district) of proposed school: Projected grade levels:

Projected enrollment:

Goal date for opening school:

LEAD PETITIONER INFORMATION Name of lead petitioner: Address:

City:

Daytime Phone Number(s):

Zip: FAX

Email address: LIST CHARTER DEVELOPMENT TEAM MEMBERS

CERTIFICATION I/we certify that we are interested in applying for a Charter School within Alameda County. Print Name:

Signature:

Date:

OFFICE USE ONLY Received by: Print Name:

Signature:

Date:

11


Form B

Request for Information From Prospective Charter School Board Members PETITION FOR ESTABLISHMENT OF A CHARTER SCHOOL

As you are already aware, serving on a public charter school board is a position of great trust and responsibility. As a board member of a public school, you are not only ultimately responsible for the education of all students enrolled in the school, but also entrusted with the obligation to see that the public monies which are given to the charter school are legally and wisely spent. By providing the requested information prospective board members will assist the Charter Schools office in determining if the application demonstrates that the school will be run in a financially, organizationally and educationally sound manner.

Background Will you be at least eighteen years old by January 1 of the year in which the proposed charter school would open?

 Yes  No Using this “Form B” as a cover sheet, submit typed responses to the inquiries on this page: 1. Indicate how you became aware of the proposed charter school and the opportunity to serve as a member of its board if it is chartered, including who invited you, if applicable, to sit on the board. 2. Explain why you wish to serve on the board. 3. Please indicate if you have previously served on a board of a school district or a not-for-profit corporation (including the board of a non-public school) and describe any relevant experience. 4. Describe your understanding of the appropriate role of a public charter school board member. 5. Indicate specifically the knowledge and experience that you would bring to the board.

Name (please print)

Signature

Date

12


Form C

Applicant Information PETITION FOR ESTABLISHMENT OF A CHARTER SCHOOL

Applicant Information – ATTACH RESUME Applicant’s Position with Charter School:

 Lead Petitioner  Director/Principal  On-Site Financial Manager

Name of Applicant (First/Middle/Last) : Other Names Used (i.e. Maiden/Former Married): Current Address: City:

State:

Zip:

Background Information Include this information in the attached resume: 

Education History

Employment History – If applicable, include previous experience with Charter Schools

Professional Licenses/Credentials

Professional Affiliations (Corporate Positions, Board Positions, etc)

Fictitious Business Name Affiliations

Professional References

If applicable – Arrests and/or Convictions

Proposed Charter School Charter School Name: Address (if available): City:

State:

Zip:

Legal Entity Behind Charter School (if available) – Provide 501c Certification Other Charter Schools with which Affiliated (prior and current): Location of Other Charter Schools:

13


Applicant Information PETITION FOR ESTABLISHMENT OF A CHARTER SCHOOL

Authorization to Release Information My signature affirms that all information on this application is true to the best of my knowledge. Further, I authorize all employers, institutions, government agencies and persons named as references to release information for use in establishing my qualifications and credentials for this position: This authorization:  Removes all liability from those who provide information and verification in response to any information I have stated in applying on behalf of the above references Charter School.  Releases the Alameda County Office of Education and any agent acting on its behalf from any and all liability of whatever nature in requesting or using such information to assess my candidacy on behalf of the above referenced Charter School.  Is valid during my entire candidacy and during any resulting period of employment with the above referenced Charter School.  Is an indication of my knowledge and understanding that the information provided in this application will be used to examine by background and my knowing and voluntary agreement to the background information being publicly disclosed as part of the charter/renewal petition and review process.

Signature

Applicant Signature: Title:

Date: OFFICE USE ONLY

Charter School Application Process by: Phone:

Fax:

E-mail:

14


ACOE Working Document For Internal Use Only.

ALAMEDA COUNTY OFFICE OF EDUCATION PRELIMINARY REVIEW CHECKLIST Charter Petition Review on Appeal…E.C. 47605 (j) (1)

Charter Petition Name

Petition/Appeal Received

REQUIRED PETITION SIGNATURES IF CONVERSION OF EXISTING PUBLIC SCHOOL (Education Code 47605(a))  50% of permanent status teachers of school to be converted, in the form required by law Yes No   

  

REQUIRED PETITION SIGNATURES IF NOT CONVERSION OF EXISTING PUBLIC SCHOOL (Education Code 47605(a)) 50% of parents/guardians of the number of age appropriate students expected to enroll for 1st year of operation, in Yes No the form required by law OR 50% of the number of appropriately credentialed teachers expected to be employed during 1st year of operation, in Yes No the form required by law. REQUIRED AFFIRMATIONS (Education Code 47605(d)(1)) Statement that school will be non-sectarian in its programs, admission policies, employment practices, and all other Yes No operations, will not charge tuition, and will not discriminate against any pupil on the basis of ethnicity, national origin, gender or disability. Page: _________ GEOGRAPHIC AND SITE LIMITATIONS Does the Petition propose to operate a single charter school within the county, or in the case of a charter proposal Yes No initially denied by a local governing board, within the geographic jurisdiction of the school district to which the charter was originally submitted? Page: _________ If not, does the Petition demonstrate any basis for an exception permitted by law? In this case, does the Petition Yes No provide for the notification steps required by law? Does the Petition identify the precise location where the school will operate? Yes No

 Does the Petition include a description of the facilities in which the charter school will operate? EFFECTIVE DATE  Does the Petition demonstrate that the charter school will commence operation by September 30 of its first year of operation? Page: _________ FINANCIAL REPORTS  Does the Petition demonstrate that the charter school shall provide the appropriate agencies with a copy of all required financial reports in a format prescribed by the State Superintendent of Public Education? Page: _________ REQUIRED ELEMENTS (Education Code 47605 (A-P)  The initial review finds that the petition has included information for all the required elements (A-P).

N/A

N/A

N/A

N/A

N/A

N/A N/A

Yes

No

N/A

Yes

No

N/A

Yes

No

N/A

Yes

No

N/A


Preliminary Review Checklist Page 2

Charter Petition Name

Petition/Appeal Received

REQUIRED SUPPLEMENTAL INFORMATION (Education Code 47605 (g)  Financial Plan (including Annual Operating Budget, 3 Year Plan, Start Up Costs, Budget Assumptions)

Yes

No

N/A

 Impact Statement

Yes

No

N/A

 Special Education/SELPA Services

Yes

No

N/A

No

N/A

No

N/A

APPEALS OF CHARTER PETITIONS THAT HAVE BEEN DENIED (Education Code 11967(a)(1-4)  GRADE LEVEL LIMITATIONS - In the event an Initial Charter Petition proposes to serve one or more grade levels Yes not served by the district which initially denied the Petition, does it propose to serve all of the grade levels which are served by the district?  A complete copy of the charter petition as denied, including the signatures required by Ed Code section 47605 Yes  A copy of the governing board’s action of denial of the petition and the governing board’s written factual findings specific to the particular petition, as required by Ed Code section 47605(b)  A signed certification of compliance with applicable law

Yes

No

N/A

Yes

No

N/A

 A description of any changes to the petition necessary to reflect the county office or the State Board of Education as the chartering entity.

Yes

No

N/A

COMMENTS

The Preliminary Review has been completed and finds that the petition has included information for all of the required information above.

Signature

m:forms/preliminary checklist appeal&county-op 8-05.rtf

Date


Initial Petition

ALAMEDA COUNTY OFFICE OF EDUCATION CHARTER SCHOOL PETITION REVIEW CHECKLIST Petitioner Contact Information

Proposed Charter School Name of Proposed Charter School:

Name:

Petition Review and Presentation Timelines

Denial Information District Denying Petition:

Renewal Petition (Office Use Only)

Petition Presented to ACOE

Public Hearing (30 days from receipt)

(Maximum of 180 days from denial)

Phone: Location(s) of Proposed Charter School:

Address:

Date:

Decision by Board of Education (60 days from receipt, may be extended 30 days if agreed by petitioner(s) and ACOE)

Date Due:

Date Due: 30 day extension to:

Date of Board Action: Date Held:

Date of Board Decision:

Email:

Section below is for Office Use ONLY Area of Review A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P.

Education Program Measurable Student Outcomes Student Progress Measurement Government Structure Employee Qualifications Health and Safety Racial & Ethnic Balance Admissions Requirements Annual Financial Audits Suspension and Expulsion Staff Retirement System Attendance Alternatives Description of Employee Rights Dispute Resolution Process Labor Relations Closure Procedures

Financial Plan Impact Statement Facilities Special Education

Department(s) Responsible Education Services Education Services Education Services Human Resources/Credentialing/Legal Counsel Human Resources (reviewed by ALL) Human Resources & Ed. Services (reviewed by ALL) Education Services (reviewed by ALL) Ed. Services/Human Resources (reviewed by ALL) Business Services Ed. Services & Legal Counsel (reviewed by ALL) Human Resources & Business Services Legal Counsel (reviewed by ALL) Human Resources (reviewed by ALL) Business Services /Legal Counsel Human Resources (reviewed by ALL) Business Services/Legal Counsel Supplemental Information Business Services Reviewed by ALL Business Services/Legal Counsel Ed. Services, Sp. Ed., & Legal Counsel Printed by Alameda County Office of Education

Name of Reviewer


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Required Elements

Evaluation Criteria A-P 

1. Targeted School Populations

Age, grade levels and number of students Describe students whom the charter will attempt to educate

EDUCATION PROGRAM

Ed Code 47605 A

 

School year, academic calendar, number of school day and instructional minutes Attendance expectations and requirements

 

3. What it Means to be an Educated Person in The 21st Century

Unclear

Objective of enabling pupils to become self motivated, competent, lifelong learners Clear list of general academic skills and qualities important for an educated person Clear list of general non-academic skills and qualities important for an educated person

4. Description of How Learning Best Occurs

o        

Persuasive instructional design • Broad outline (not entire scope and sequence) of the curriculum content • Description of instructional approaches and strategies • Description of learning setting (e.g. traditional, home-based, distance learning, etc.) Proposed program strongly aligned to school's mission Affirmation that, or description of, how curriculum aligned to California Content Standards Outlines a plan or strategy to support students not meeting pupil outcomes Instructional design or strategies based upon successful practice or research Describes instructional stra.tegies for special education, Insufficient English proficient students, etc

 

5. Additional Requirements for Charter Schools Serving High School Student

Fails to Meet Requirement

2. Attendance

 

 

Meets or Exceeds Requirement

How Charter School will inform parents about the transferability of courses to other public high schools How Charter School will inform parents about the eligibility of courses to meet college entrance requirements

Education Program - Comments

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

1

N/A


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

MEASURABLE STUDENT OUTCOMES

Ed Code 47605 B

Required Elements

Evaluation Criteria 

6. Pupil outcomes are measurable, i.e. specific assessments listed for each exit outcome

    

How pupil outcomes will address state content and performance standards in core academics Clearly stated exit outcomes include acquisition of academic and non-academic skills Affirmation that "benchmark" skills and specific classroom-level skills will be developed Affirmation/description that exit outcomes will align to mission, curriculum and assessments Affirmation that college-bound students wishing to attend California colleges or universities will have the opportunity to take courses that meet the “A–G” requirements Lists school-wide student performance goals students will achieve over a given period of time: Projected attendance levels, dropout percentage, graduation rate goals, etc. Acknowledges that exit outcomes and performance goals may need to be modified over time If high school, graduation requirements defined and WASC accreditation addressed

  

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Measurable Student Outcomes - Comments:

Found on page:

Ed Code 47605 C STUDENT PROGRESS MEASUREMENT

Required Elements

Evaluation Criteria       

At least one assessment method or tool listed for each of the exit outcomes Assessments include multiple, valid and reliable measures using traditional/alternative tools Assessment tools include all required state and federal assessments (STAR, API, and AYP) Chosen assessments are appropriate for standards and skills they seek to measure Affirmation/description of how assessments align to mission, exit outcomes, and curriculum Describes minimal required performance level necessary to attain each standard Outlines plan for collecting, analyzing/utilizing and reporting student/school performance

The Method by Which Pupil Progress in Meeting the Pupil Outcomes Will be Measured - Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

2


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Required Elements

Evaluation Criteria  

Ed Code 47605 D

GOVERNMENT STRUCTURE

        

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Describes what role parents have in the governance and operation of the school Describes key features of governing structure (usually a board of directors) such as: Compliance with Brown Act, Public Records Act and Conflict of Interest Policy Size/composition of board, board committees and/or advisory councils Board's scope of authority/responsibility Method for selecting initial board members Board election/appointment and replacement Affirms future development of, or has set of, proposed bylaws, policies or similar documents Initial governing board members identified by name or the process to be used to select them Clear description of the legal status of the charter school Outlines other important legal or operational relationships between school and granting agency

Governance Structure of School Including, But Not Insufficient to, Parental Involvement - Comments:

Found on page:

EMPLOYEE QUALIFICATIONS

Ed Code 47605 E

Required Elements

Evaluation Criteria 

Identifies all key staff positions with the school

 

Describes specific key qualifications (knowledge, experience, education, certification, etc.) Defines core, college preparatory teachers & affirms they will hold appropriate Commission on Teacher Credentialing certificate, permit or other equivalent document as required by Law including the No Child Left Behind Act. Identifies any non-core, non-college prep teaching positions staffed by noncertifiedteachers, along with required qualifications.

o

Qualifications to be met by Individuals to be employed by the School - Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

3


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Evaluation Criteria

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

 Affirms that each employee will furnish the school with a criminal record summary Outlines specific health and safety practices addressing such key areas as:  Seismic safety (structural integrity and earthquake preparedness)  Natural disasters and emergencies  Immunizations, health screenings, administration of medications  Tolerance for use of drugs and/or tobacco  Staff training on emergency and first aid response o References accompanied by a detailed set of health and safety related policies/ procedures or the date by which they will be adopted and submitted to the ACOE

HEALTH AND SAFETY

Ed Code 47605 F

Required Elements

Health and Safety Procedures - Comments:

Found on page:

Ed Code 47605 G RACIAL & ETHNIC BALANCE

Required Elements

Evaluation Criteria 

Lists specific practices/policies designed to attract a diverse applicant pool/enrollment:

Practices and policies appear likely to achieve targeted racial and ethnic balance

Means to Achieve a Racial and Ethnic Balance - Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

4


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Ed Code 47605 H ADMISSIONS REQUIREMENTS

Required Elements

Evaluation Criteria 

Mandatory assurances regarding non-discriminatory admission procedures

Admission preferences which are required for conversion charter schools, if applicable

Clearly describes admissions requirements, including any preferences

Proposed admissions and enrollment process and timeline, as well as procedures for public random drawings, if necessary

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Admissions Requirements - Comments:

Found on page:

ANNUAL FINANCIAL AUDITS

Ed Code 47605 I

Required Elements

Evaluation Criteria    

Procedure to select and retain independent auditor Qualifications of independent auditor Audit will employ generally accepted accounting procedures The manner in which the audit will be conducted

 

Scope and timing of audit, as well as required distribution of completed audit Process for resolving audit exceptions and deficiencies to the satisfaction of the Alameda County Office of Education

Financial Audit - Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

5


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Ed Code 47605 J SUSPENSION AND EXPULSION

Required Elements

Evaluation Criteria 

Detailed, step-by-step process by which student may be suspended or expelled

 

Reference to a comprehensive set of student disciplinary policies Outlines or describes strong understanding of relevant laws protecting constitutional rights of students, generally, and of disabled and other protected classes of students, in particular. Policies balance students' rights to due process with responsibility to maintain a safe learning environment Explains how ACOE may be involved in disciplinary matters

 

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Pupil Suspension and Expulsion - Comments:

Found on page:

Ed Code 47605 K STAFF RETIREMENT SYSTEM

Required Elements

Ed Code 47605 L ATTENDANCE ALTERNATIVES

Required Elements

Evaluation Criteria

Found on page:

Statement of whether staff will participate in STRS, PERS, or Social Security (if STRS, then all teachers must participate)

Evaluation Criteria

States that students may attend other schools or pursue an inter-district transfer in accordance with existing enrollment and transfer policies of their district or county of residence and/or description of other attendance alternatives

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

6


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Ed Code 47605 M DESCRIPTION OF EMPLOYEE RIGHTS

Required Elements

Evaluation Criteria 

States that collective bargaining contracts of ACOE will be controlling

Whether and how staff may resume employment within the district or ACOE, if applicable

Sick/vacation leave (ability to carry it over to and from charter school, if applicable

Whether staff will continue to earn service credit (tenure) in district or ACOE while at charter school, if applicable

Found on page:

Ed Code 47605 N DISPUTE RESOLUTION PROCESS

Required Elements

Evaluation Criteria 

Outlines a simple process for the charter school and the Alameda County Office of Education to settle disputes relating to the provisions of the charter

Outlines process by charter school will resolve internal complaints and disputes

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Dispute Resolution Process - Comments:

LABOR RELATIONS

Ed Code 47605 O

Required Elements

Found on page:

Evaluation Criteria

States whether charter or ACOE will be employer for EERA purposes

If Alameda County Office of Education is to be the employer, includes provisions clarifying charter's role in collective bargaining process

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

7


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Found on page:

Ed Code 47605 P CLOSURE PROCEDURES

Required Elements

Evaluation Criteria

Outlines a description of the process to be used if the charter school closes

Process includes a final audit of the charter school, specific plans for disposition of all net assets and liabilities, as well as for the maintenance and transfer of pupil records

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Unclear

N/A

Closure of Charter School - Comments:

Likelihood that the Petitions Will be Able to Successfully Implement the Program of the Proposed Charter Evaluation Criteria

Found on page: 

Fails to Meet Requirement

The Petition includes a thorough description of the education, work experience, credentials, degrees and certifications of the individuals comprising, or proposed to comprise, the directors, administrators and managers of the proposed charter school

Legend:   o

Meets or Exceeds Requirement

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

8


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Required Supplemental Information

Found on page:

Evaluation Criteria 

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Proposed first year operational budget

FINANCIAL PLAN

• Start-up costs • Cash flow for first three years • Financial projections for first three years  Planning Assumptions  Number/types of students  Number of staff  Facilities needs  Costs of all major items are identified and within reasonable market ranges  Revenue assumptions in line with state and federal funding guidelines  Revenue from “soft” sources less than 10% of ongoing operational costs  Timeline allows window for referenced grant applications to be submitted and funded

Comments:

Required Supplemental Information

Found on page:

Evaluation Criteria

START-UP COSTS

  

Clearly identifies all major start-up costs  Staffing  Facilities  Equipment and Supplies  Professional Services Assumptions in line with overall school design plan Identifies potential funding source Timeline allows for grant and fundraising

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

9


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Required Supplemental Information

Found on page:

Evaluation Criteria

ANNUAL OPERATING BUDGET

          

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Annual revenues and expenditures clearly identified by source Revenue assumptions closely related to applicable state and federal funding formulas Expenditure assumptions reflect school design plan Expenditure assumptions reflect market costs “Soft” revenues not critical to solvency Strong reserve or projected ending balance (the larger of 3% of expenditure or $25,000) If first year is not in balance, identifies solvency in future years and sources of capital sufficient to cover deficits until the school year when the budget is projected to balance Expenditure for sufficient insurance to name district as also insured/hold harmless agreement Expenditure sufficient for reasonably expected legal services Expenditure for Special Education excess costs consistent with current experience in the school district/county Expenditure for facilities – if specific facilities not secured, reasonable projected cost

Comments:

CASH FLOW ANALYSIS

Required Supplemental Information

Found on page:

Evaluation Criteria 

Monthly projection of revenue receipts in line with local/state/federal funding disbursements

Expenditures projected by month and correspond with typical/reasonable schedules

Show positive cash balance each month and/or identify sources of working capital

Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

10


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Required Supplemental Information

Found on page:

Evaluation Criteria

LONGTERM PLAN

    

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

N/A

Projects revenues and expenditures for at least two additional years Revenue assumptions based on reasonable potential growth in local, state and federal revenues Revenue assumptions based on reasonable student growth projections Reasonable cost-of-living and inflation/funding reduction assumptions Annual fund balances are positive or sources of supplemental working capital are identified

Comments:

Required Supplemental Information

Found on page:

Evaluation Criteria

IMPACT STATEMENT

       o  o o    

Provides estimated numbers of students anticipated to enroll Identifies whether charter will request to purchase support services from ACOE or district Describes suggested processes and policies between charter and ACOE including: Process, activities and associated fees for oversight of charter Content, processes, timelines, and evaluation criteria for annual review and site visits Regular, ongoing fiscal and programmatic performance monitoring and reporting Content, process, timelines and evaluation criteria for charter renewal Proposed support service needs and suggested payments to ACOE or district for services Clearly drafted contract/agreement or reference to MOU Identify whether a request will be made for use of ACOE or district-owned facilities Reasonably detailed lease or occupation agreement for privately obtained facilities Proposed legal status of school is identified Describes the manner in which administrative services of the charter school are to be provided Identify whether school intends to manage risk independently or will seek to secure coverage through the Alameda County Office of Education or other public agency Addresses potential civil liability effects, if any, upon the school and the ACOE

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

11


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Comments:

FACILITIES

Required Supplemental Information

Found on page:

Evaluation Criteria 

Confirmation that each of the school districts where the charter school petitioner proposes to operate a facility has received a notice at least 30 days in advance of this petition submission of petitioner’s intent to operate a school.

Petition acknowledges the fact that any additional sites will require a “material revision,” an “open, public meeting,” and 30 days notice to school districts prior to adding any sites.

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

12

N/A


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)

Required Supplemental Information

Found on page:

Evaluation Criteria   

Meets or Exceeds Requirement

Fails to Meet Requirement

Unclear

Identifies whether the charter will be an independent LEA for special education purposes Has consulted with a SELPA agency concerning Special Ed. Services Has contacted the Alameda County Director of Special Ed.  Discussed special education responsibilities of charter  Discussed application of SELPA policies Describes how special education services will be provided consistent with SELPA Plan and/or policies and procedures  Includes fiscal allocation plan

If charter not an independent LEA:

SPECIAL EDUCATION

Clarifies in charter or an MOU the responsibilities of each party for service delivery  Referral  Assessment  Instruction  Due Process  Agreements describing allocation of actual and excess costs  Charter fiscally responsible for fair share of any encroachment on general funds

If charter is LEA within SELPA        

Notifies SELPA Director of intent prior to February 1st of the preceding school year Located within Alameda County SELPA geographical boundaries? Provides current operating budget in accordance with Ed Code 42130 and 42131 Provides assurances that all be instructed in safe environment Provides copy of original charter petition and any amendments Responsible for any legal fees relating to application and assurances process Meets the terms of the “Agreement Regarding the Organization, Implementation, Administration and Operation of SELPA” Assurance Statement that Charter is fiscally responsible for fair share of any encroachment on general funds

Petition includes the following assurances:   

The charter will comply with all provisions of IDEA No student will be denied admission based on disability or lack of available services Will implement a Student Study Team process

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

13

N/A


Charter Petition Name:

Complete Petition Confirmed: (Petition Appeal Received)  

Any student potentially in need of Section 504 services will be the responsibility of the charter school Petition/MOU describes the process for notifying district of residence and authorizing school district when a special education student enrolls, becomes eligible, ineligible and/or leaves charter school

Overview of how special education funding and services will be provided by:    

Charter School Alameda County Office of Education SELPA Petition/MOU describes the transition to or from a district when a student with an IEP enrolls in, or transfers out of, the charter school

Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

14


Alameda County Office of Education Sheila Jordan, Superintendent

Charter School Renewal Procedures When the Alameda County Board of Education has approved a charter petition, the new charter school has the freedom to organize around a core mission, and set their own goals and objectives in establishing and running a successful program. It is allowed to control its own budget and hire (and fire) teachers and staff. In return, a charter school is held accountable for its performance and must demonstrate good results within its five year term, or risk losing its charter. A thorough renewal process helps to determine that the school has demonstrated success in achieving its goals and objectives as outlined in their original charter petition, and determines that the charter has sustained operational viability throughout its approved term. Charter Schools are evaluated and measured based on the criteria specific to the mission and goals of the school. The following questions are used as a guide for assessing whether the charter school has met its goals and objectives as stated in their charter and/or Memorandum of Understanding: • • • •

Is the academic program a success? Is the organization effectively lead and managed? Is the school being operated prudently and meeting all regulatory requirements? Is the school faithful to the terms of its charter and MOU?

The answers to these questions are based on a variety of information. Annual site visits, Reports provided by the school, and a thorough review of the charters plans for the next five years are all part of the renewal application process. Protocols and checklists have been created to assist the review team in completing a thorough analysis.

Legal Requirements Charter schools must comply with the standards and criteria in Education Code Section 47605. Charter petitions being considered for renewal must be revised to reflect any new requirements enacted into law after the charter was originally granted. Charter School Renewals are also governed by standards and criteria under Education Code Section 47607. At least one of the following five criteria must be met: 1. 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. 2. Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years.


Alameda County Office of Education Charter School Renewal Procedures Page 2 of 2

3. 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. 4. (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. 5. Has qualified for the Alternative Accountability System (ASAM) pursuant to subdivision (h) of Education Code Section 52052. Renewal Timeline   

In the spring of the 4th year of operation, the charter school will send ACOE a letter of intent to seek renewal. This letter will be submitted no later than June 30th of the 4th year of operation. The charter school will submit its revised charter no sooner than on October 1st. Once a petition for renewal is received, it will follow the same timeline as the petition review process. (30/60 day timeline for charters on appeal or 60/90 day timeline for countywide petitions.

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. DRAFT – 10/05/09


Alameda County Office of Education Sheila Jordan, Superintendent

Timeline for Charter School Renewal Application

DATE In the Spring of the 4th year of operation Between October 1 and January 30 of the 5th year of operation

ACTIVITY Receive notice from charter petitioner of its intent to renew its charter. Final Charter Renewal Application and Supporting Documents Submitted to ACOE no sooner than October 1st Charter schools office determines sufficiency of Renewal Application documents Convene a staff team to review the Renewal Application; prepare and distribute copy of documents to team members Team Objectives: Review the required components; draft written review of the petition; develop findings; develop county board resolution in conjunction with legal counsel; consider memorandum of understanding for additional conditions as required. Notify receipt of Charter Renewal Application to County Board of Education and School Districts.

Within 30 Days of receipt of renewal petition (60 days if a countywide renewal)

Establish a date for a public hearing at a meeting of the County Board of Education Prepare an issue notice for the public hearing Notify chief petitioners and charter school Board of Directors of public hearing Conduct public hearing at a meeting of County Board of Education Hold deliberative session(s) with review team Hold meeting(s) with lead petitioners Prepare a staff report with findings and recommendation to approve or deny the Renewal Application Submit report to legal counsel for opinion, findings, and resolution, as necessary

4/20/07 acoe-tlk


Alameda County Office of Education Sheila Jordan, Superintendent

Timeline for Charter School Renewal Application

DATE

ACTIVITY Submit final staff report to County Superintendent’s Leadership Team

During the renewal process

Prepare new memorandum of understanding, or revise current MOU for services and special education Set a date for action by the County Board of Education Prepare transmittal based upon the executive summary of the staff report for County Board meeting Notify chief petitioners and charter Board of Directors of County Board meeting

Within 60 Days of receipt of renewal petition (90 days if a countywide renewal)

Grant or deny petition at a meeting of County Board.

Prepare excerpt of County Board approval for chief petitioners, SSPI, and CDE Charter Schools Division

4/20/07 acoe-tlk


ALAMEDA COUNTY OFFICE OF EDUCATION CHARTER SCHOOL RENEWAL APPLICATION TECHNICAL CHECKLIST - PART 1 Proposed Charter School Name of Charter School:

Petition Review and Presentation Timelines

Petitioner Contact Information Name:

(Office Use Only) Renewal Application and Updated Petition Presented to ACOE

Decision by Board of Education

Date Scheduled:

Phone: Location(s) Charter School:

Public Hearing

Date of Board Decision:

Date: Address:

Date Held:

Email:

Section below is for Office Use ONLY Area of Review A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q.

Education Program Measurable Student Outcomes Student Progress Measurement Location of Facility Government Structure Employee Qualifications Health and Safety Racial & Ethnic Balance Annual Financial Audits Suspension and Expulsion Staff Retirement System Dispute Resolution Process Labor Relations Admissions Requirements Attendance Alternatives Description of Employee Rights Closure Procedures

Financial Plan Impact Statement Special Education Annual Performance Audits

Department(s) Responsible Education Services Education Services Education Services Business Services/Legal Counsel Human Resources/Credentialing/Legal Counsel Human Resources (reviewed by ALL) Human Resources & Ed. Services (reviewed by ALL) Education Services (reviewed by ALL) Business Services Ed. Services & Legal Counsel (reviewed by ALL) Human Resources & Business Services Business Services /Legal Counsel Human Resources (reviewed by ALL) Ed. Services/Human Resources (reviewed by ALL) Legal Counsel (reviewed by ALL) Human Resources (reviewed by ALL) Business Services/Legal Counsel Supplemental Information Business Services Reviewed by ALL Ed. Services, Sp. Ed., & Legal Counsel

Name of Reviewer


Charter Petition Name:

Complete Renewal Application Confirmed:

Required Elements For Countywide Petition Review Education Code 47605.6(b)(5) (A - Q) EVIDENCE CATEGORY Identify and describe as clearly as possible the students the school proposes to serve.

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

 1. Targeted School Populations  

Age, grade levels and number of students Describe students whom the charter will attempt to educate

 2. Attendance  School year, academic calendar, number of school days and instructional minutes  Attendance expectations and requirements  3. What it Means to be an Educated Person in the 21st Century  Objective of enabling pupils to become self-motivated, competent, lifelong learners  Clear list of general academic skills and qualities important for an educated person  Clear list of general non-academic skills and qualities important for an educated person

 4. Description of How Learning Best Occurs o

    

Proposed instructional design  Broad outline of the curriculum content (synthesis of scope and sequence)  Description of instructional approaches and strategies  Description of learning setting (e.g. traditional, home-based, distance learning, etc.) Proposed program strongly aligned to school’s mission Affirmation that, or description of how curriculum aligned to California Content Standards Outlines a plan or strategy to support students not meeting pupil outcomes Instructional design or strategies based upon successful practice or research Describes instructional strategies for special education, English language learners, socioeconomically disadvantaged students, gifted students

 5. Additional Requirements for Charter Schools Serving High School Students  

How Charter School will inform parents about the transferability of courses to other public high schools How Charter School will inform parents about the eligibility of courses to meet college entrance requirements

Educational Program – Comments:

B. Measurable Student Outcomes Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

2


Charter Petition Name:

        

Complete Renewal Application Confirmed: Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Pupil outcomes are measurable, i.e. specific assessments listed for each exit outcome How pupil outcomes will address state content and performance standards in core academics Clearly stated exit outcomes include acquisition of academic and non-academic skills Affirmation that "benchmark" skills and specific classroom-level skills will be developed Affirmation/description that exit outcomes will align to mission, curriculum and assessments Affirmation that college-bound students wishing to attend California colleges or universities will have the opportunity to take courses that meet the “A–G” requirements Lists school-wide student performance goals students will achieve over a given period of time: Projected attendance levels, dropout percentage, graduation rate goals, etc. Acknowledges that exit outcomes and performance goals may need to be modified over time If high school, graduation requirements defined and WASC accreditation addressed

Measurable Student Outcomes - Comments:

C. Student Progress Measurement       

At least one assessment method or tool listed for each of the exit outcomes Assessments include multiple, valid and reliable measures using traditional/alternative tools to include assessment for students with learning difficulties Assessment tools include all required state and federal assessments (STAR, CELDT, etc.) for purposes of API, AYP, and AMAO Chosen assessments are appropriate for standards and skills they seek to measure Affirmation/description of how assessments align to mission, exit outcomes, and curriculum Describes minimal required performance level necessary to attain each standard Outlines plan for collecting, analyzing/utilizing and reporting student/school performance

Student Progress Measurement - Comments:

D. Location of Facility Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

3


Charter Petition Name:

  

Complete Renewal Application Confirmed: Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Includes the location of each charter school facility which the petitioner proposes to operate. Describes each charter school facility which the petitioner proposes to operate in terms of safety and educational suitability. Describes the current and projected availability of each charter school site.

Location of Facility - Comments:

E. Governance Structure

  

Describes what role parents have in the governance and operation of the school Describes key features of governing structure (usually a board of directors) such as:  Compliance with Brown Act, Public Records Act and Conflict of Interest Policy  Size/composition of board, board committees and/or advisory councils  Board's scope of authority/responsibility  Method for selecting initial board members  Board election/appointment and replacement Affirms future development of, or has set of, proposed bylaws, policies or similar documents Initial governing board members identified by name or the process to be used to select them Clear description of the legal status of the charter school

Outlines other important legal or operational relationships between school and granting agency

 

Governance Structure - Comments: F. Employee Qualifications   

o

Identifies all key staff positions with the school Describes specific key qualifications (knowledge, experience, education, certification, etc.) Defines core, college preparatory teachers & affirms they will hold appropriate Commission on Teacher Credentialing certificate, permit or other equivalent document as required by law including the No Child Left Behind Act. Identifies any non-core, non-college prep teaching positions staffed by non-certified teachers, along with required qualifications. Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

4


Charter Petition Name:

Complete Renewal Application Confirmed:

Employee Qualifications - Comments:

G. Health and Safety  

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Affirms that each employee will furnish the school with a criminal background clearance report. Outlines specific health and safety practices addressing such key areas as:  Mandated Child Abuse Reporting  Seismic safety (structural integrity and earthquake preparedness) 

Natural disasters and emergencies

Immunizations, health screenings, administration of medications

Tolerance for use of drugs and/or tobacco

Staff training on emergency and first aid response

References accompanied by a detailed set of health and safety related policies/ procedures or the date by which they will be adopted and submitted to the ACOE

o

Health and Safety - Comments:

H. Racial and Ethnic Balance  

Lists specific practices/policies designed to attract a diverse applicant pool/enrollment: Practices and policies appear likely to achieve racial and ethnic balance

Racial and Ethnic Balance - Comments:

I. Annual Financial Audits

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

5


Charter Petition Name:

Complete Renewal Application Confirmed:

Procedure to select and retain independent auditor

Qualifications of independent auditor

Audit will employ generally accepted accounting procedures

The manner in which the audit will be conducted

Scope and timing of audit, as well as required distribution of completed audit

Process for resolving audit exceptions and deficiencies to the satisfaction of the Alameda County Office of Education

Annual Financial Audits - Comments:

J. Suspension and Expulsion 

Detailed, step-by-step process by which student may be suspended or expelled

Reference to a comprehensive set of student disciplinary policies

Outlines or describes strong understanding of relevant laws protecting constitutional rights of students, generally, and of disabled and other protected classes of students, in particular. Policies balance students' rights to due process with responsibility to maintain a safe learning environment Explains how ACOE may be involved in disciplinary matters

 

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Suspension and Expulsion - Comments:

K. Staff Retirement System 

Statement of whether staff will participate in STRS, PERS, and/or Social Security (if STRS, then all teachers must participate)

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

6


Charter Petition Name:

Complete Renewal Application Confirmed:

Staff Retirement System – Comments:

L. Dispute Resolution Process  

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Outlines a simple process for the charter school and the Alameda County Office of Education to settle disputes relating to the provisions of the charter Outlines process by which charter school will resolve internal complaints and disputes

Dispute Resolution Process - Comments:

M. Labor Relations  

States whether charter or ACOE will be employer for EERA purposes If Alameda County Office of Education is to be the employer, includes provisions clarifying charter's role in collective bargaining process

Labor Relations – Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

7


Charter Petition Name:

Complete Renewal Application Confirmed:

N. Admissions Requirements   

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Mandatory assurances regarding non-discriminatory admission procedures Clearly describes admissions requirements, including any preferences Proposed admissions and enrollment process and timeline, as well as procedures for public random drawings, if necessary

Admissions Requirements - Comments:

O. Attendance Alternatives 

Describe attendance alternatives for students residing within the county who choose not to attend charter schools.

Attendance Alternatives - Comments:

P. Description of Employee Rights    

States that collective bargaining contracts of ACOE will be controlling Whether and how staff may resume employment within the district or ACOE, if applicable Sick/vacation leave (ability to carry it over to and from charter school, if applicable Whether staff will continue to earn service credit (tenure) in district or ACOE while at charter school, if applicable

Description of Employee Rights – Comments: Q. Closure Procedures  

Outlines a description of the process to be used if the charter school closes Process includes a final audit of the charter school, specific plans for disposition of all net assets and liabilities, as well as for the maintenance and transfer of pupil records

Closure Procedures - Comments: 

Likelihood that the Petitions Will be Able to Successfully Implement the Program of the Proposed Charter Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

8


Charter Petition Name: 

Complete Renewal Application Confirmed:

The Petition includes a thorough description of the education, work experience, credentials, degrees and certifications of the individuals comprising, or proposed to comprise, the directors, administrators and managers of the proposed charter school

COMMENTS:

Legend: ď ˛  o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

9


Charter Petition Name:

Complete Renewal Application Confirmed:

The Board reserves the right to add such additional requirements as it may consider necessary for the sound operation of a countywide charter school education code 47605.6 (h) FINANCIAL PLAN Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

 Proposed first year operational budget   

Start-up costs Cash flow for first three years Financial projections for first three years

Proposed first year operational budget - Comments:  Planning Assumptions       

Number/types of students Number of staff Facilities needs Costs of all major items are identified and within reasonable market ranges Revenue assumptions in line with state and federal funding guidelines Revenue from “soft” sources less than 10% of ongoing operational costs Timeline allows window for referenced grant applications to be submitted and funded

Planning Assumptions - Comments:  Start-Up Costs 

  

Clearly identifies all major start-up costs  Staffing  Facilities  Equipment and Supplies  Professional Services Assumptions in line with overall school design plan Identifies potential funding source Timeline allows for grant and fundraising

Start-Up Costs - Comments:  Annual Operating Budget Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

10


Charter Petition Name:           

Complete Renewal Application Confirmed:

Annual revenues and expenditures clearly identified by source Revenue assumptions closely related to applicable state and federal funding formulas Expenditure assumptions reflect school design plan Expenditure assumptions reflect market costs “Soft” revenues not critical to solvency Strong reserve or projected ending balance (the larger of 3% of expenditures or $25,000) If first year is not in balance, identifies solvency in future years and sources of capital sufficient to cover deficits until the school year when the budget is projected to balance Expenditure for sufficient insurance to name district/ACOE as also insured/hold harmless agreement Expenditure sufficient for reasonably expected legal services Expenditure for Special Education excess costs consistent with current experience in the school district/county Expenditure for facilities – if specific facilities not secured, reasonable projected cost

Annual Operating Budget - Comments:

Cash Flow Analysis   

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Monthly projection of revenue receipts in line with local/state/federal funding disbursements Expenditures projected by month and correspond with typical/reasonable schedules Show positive cash balance each month and/or identify sources of working capital

Cash Flow - Comments:

Long-Term Plan     

Projects revenues and expenditures for at least two additional years Revenue assumptions based on reasonable potential growth in local, state and federal revenues Revenue assumptions based on reasonable student growth projections Reasonable cost-of-living and inflation/funding reduction assumptions Annual fund balances are positive or sources of supplemental working capital are identified

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

11


Charter Petition Name:

Complete Renewal Application Confirmed:

Long-Term Plan - Comments:

IMPACT STATEMENT

♦ ♦

Provides estimated numbers of students anticipated to enroll Identifies whether charter will request to purchase support services from ACOE or district assumptions

Describes suggested processes and policies between charter and ACOE including:

o

 Process, activities and associated fees for oversight of charter  Content, processes, timelines, and evaluation criteria for annual review and site visits  Regular, ongoing fiscal and programmatic performance monitoring and reporting  Content, process, timelines and evaluation criteria for charter renewal Proposed support service needs and suggested payments to ACOE or district for services  Clearly drafted contract/agreement or reference to MOU Identify whether a request will be made for use of ACOE or district-owned facilities Reasonably detailed lease or occupation agreement for privately obtained facilities Proposed legal status of school is identified

o o 

  

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Describes the manner in which administrative services of the charter school are to be provided Identify whether school intends to manage risk independently or will seek to secure coverage through the Alameda County Office of Education or other public agency Addresses potential civil liability effects, if any, upon the school and the ACOE

Impact Statement - Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

12


Charter Petition Name:

Complete Renewal Application Confirmed:

SPECIAL EDUCATION   

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

If charter not an independent LEA: Clarifies in charter or an MOU the responsibilities of each party for service delivery      

Referral Assessment Instruction Due Process Agreements describing allocation of actual and excess costs Charter fiscally responsible for fair share of any encroachment on general funds

If charter is LEA within a SELPA         

Fail to Meet Requirement

Identifies whether the charter will be an independent LEA for special education purposes Has consulted with the SELPA Director • Discussed special education responsibilities of charter • Discussed application of SELPA policies Describes how special education services will be provided consistent with SELPA Plan and/or policies and procedures  Includes fiscal allocation plan 

Meets or Exceeds Requirement

Notifies SELPA Director of intent prior to February 1st of the preceding school year Located within SELPA’s geographical boundaries Provides current operating budget in accordance with Ed Code 42130 and 42131 Provides assurances that all be instructed in safe environment Provides copy of original charter petition and any amendments Responsible for any legal fees relating to application and assurances process Meets the terms of the “Agreement Regarding the Organization, Implementation, Administration and Operation of the Alameda SELPA” Meets the terms of all Alameda SELPA policies and procedures Charter fiscally responsible for fair share of any encroachment on general funds

Petition includes the following assurances:    

The charter will comply with all provisions of IDEA No student will be denied admission based on disability or lack of available services Will implement a Student Study Team process Any student potentially in need of Section 504 services will be the responsibility of the charter school

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

13


Charter Petition Name:

Petition/MOU describes the process for notifying district of residence and authorizing school district when a special education student enrolls, becomes eligible, ineligible and/or leaves charter school

Complete Renewal Application Confirmed:

Overview of how special education funding and services will be provided by:

 Charter School  Alameda County Office of Education  SELPA Petition/MOU describes the transition to or from a district when a student with an IEP enrolls in, or transfers out of, the charter school

Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

14


Charter Petition Name:

Complete Renewal Application Confirmed:

ANNUAL PERFORMANCE AUDITS 

Petition/MOU describes what will occur during performance audits, including:

Meets or Exceeds Requirement

Fail to Meet Requirement

Unclear

N/A

Review of each component of Initial/Renewal Charter Petition for compliance Analysis of whether goals are being met; review of all state and federal student assessment data and reports  Summary of major decisions made/policies established by the board in each year  Data on level of parent involvement in governance and operation of the school  Summary data from annual student/parent satisfaction survey  Data regarding number of staff, their qualifications and verification of credentials  Copy of health/safety procedures and summary of any major changes  Determination of the suitability of the facility in terms of health and safety  Determination of the suitability of the facility in terms of educational utility  Review copies of all required documentation (e.g. budget reports, financial projections, leases, insurance, etc.)  Overview of admission practices  Number of students actually enrolled  Waiting lists  Expulsions and suspensions  Review of any internal/external dispute resolutions Site visit by ACOE, or designee, including observation of the instructional program  

Annual Performance - Comments:

Legend:   o

Required to be included in charter petition and/or Memorandum of Understanding Strongly suggested to ensure that charter elements are reasonably comprehensive While not necessarily recommended, these considerations are important to include

15


Alameda County Office of Education Charter Renewal Application Criteria Checklist – PART 2 DRAFT Charter checklist components:

What the reviewers will look Suggested sources of for: evidence:

What the reviewers found:

1. Is the academic program a success? 1A. Has the school made reasonable progress in meeting internally established educational goals during the term of its charter?

Clear quantitative evidence that the school has made satisfactory progress in meeting the student academic performance objectives in its accountability plan.

Promotion and graduation requirements and results of assessments that determine whether a student has met externally developed test results, internally developed test results, reviewed portfolio assessments.

1B. Has student performance significantly improved and/or been persistently strong on internal and external academic assessments?

The school must present evidence of student’s longitudinal (over at least a three year period) progress while at the school.

State test results, internally developed test results, reviewed portfolios and assessments.

1C. Is the staff at the school of high professional caliber?

The school must present the past and future plans for professional staff development that is designed to enhance and improve teacher quality and teaching knowledge and skills, especially in regard to enabling students to meet the state academic content standards.

Evidence of staff development programs, specific content, and attendance by teachers. Evaluations that show teacher improvement in teaching to state standards.

Last reviewed 10/16/2009

1


Alameda County Office of Education Charter Renewal Application Criteria Checklist – PART 2 DRAFT Charter checklist components:

What the reviewers will look Suggested sources of for: evidence:

What the reviewers found:

2. Is the organization effectively lead and managed? 2A. Is the school financially solvent and stable?

A clear, concise narrative statement which provides sufficient evidence that the school has competently and effectively managed its finances.

Results from independent financial audits, financial statements

2B. Is enrollment stable and near capacity?

A clear, concise statement about the history of its enrollment during the term of its charter.

Enrollment data, turnover data, waiting list data, exit interviews or surveys.

2C. Is school governance sound and are professional staff competent and resourceful?

Evidence that governance has been responsible and effective

Evaluations, surveys, formal complaints, board turnover, leadership changes, examples of governance issues and how they were addressed

3. Is the school faithful to the terms of its charter and MOU? 3A. Have the school’s program and operation been consistent with the terms of its charter?

Last reviewed 10/16/2009

A restatement of each of the school’s measurable performance objectives, and concise evidence that the school has made reasonable progress in meeting each of the objectives.

2


Alameda County Office of Education Charter Renewal Application Criteria Checklist – PART 2 DRAFT Charter checklist components:

What the reviewers will look Suggested sources of for: evidence:

What the reviewers found:

4. Is the School being operated prudently and meeting all regulatory requirements? 4A. Has the charter school adopted a budget for the forthcoming year that is based upon reasonable revenue and expenditure projections , is consistent with the Charter, reflects any provisions of applicable law, and contains a prudent reserve. 4B. Has the charter included Oversight Costs in the adopted budget in accordance with applicable provisions of law. 4C. Has the Charter School conducted appropriate annual audits in accordance with applicable law. 4D. Is the school complying with state and federal regulations in accordance with applicable provisions of law?

Last reviewed 10/16/2009

That the governing board has Approved budget with amendments amended the budget as necessary as necessary. Interim reports with during the year, endeavoring to properly adjusted information. maintain a prudent reserve of at least 3%.

Has the charter school paid the oversight fees.

A clear explanation of how the school has complied with each of the following areas of state and federal regulation: Special Education Limited English Proficiency Student Learning Time State Testing Requirements Student Discipline Health and Safety

Relevant data regarding enrollment and services provided to other special needs, at-risk, and English Learner students; dates of and participation in state testing ~ STAR, CELDT, CAPA, CAHSEE; any suspension and expulsion numbers; a description of internal procedures for student discipline; record of safety issues during the term of the charter

3


Alameda County Office of Education Charter Renewal Application Criteria Checklist – PART 2 DRAFT Charter checklist components:

What the reviewers will look Suggested sources of for: evidence:

What the reviewers found:

4E. Has the governing board met at twice each year to certify that the Charter School is able to met its financial obligations for the remainder of the current fiscal year and for the subsequent two fiscal years, as consistent with the guidelines for interim reporting applicable to school districts of similar size. 4F. Has the Charter School filed an unaudited financial report of prior year expenditures by September 15 of each year.

5. If the school’s charter is renewed, what are its plans for the next five years of the charter? (the following questions should be included along with a new charter school petition) 5A. Please describe how your founding charter has served the school during its first (or previous) five years. What has the school learned during the first (or previous) five years about the strengths and weaknesses of its charter, and what changes in the charter does this experience suggest? Last reviewed 10/16/2009

An honest and reflective selfappraisal of strengths and weaknesses of the school’s charter, with credibly and compelling plans for building on success, maintaining momentum, and making necessary changes for improvement of the school.

4


Alameda County Office of Education Charter Renewal Application Criteria Checklist – PART 2 DRAFT Charter checklist components:

What the reviewers will look Suggested sources of for: evidence:

What the reviewers found:

5B. Please attach an accountability plan that defines the school’s student and school performance objectives for its next charter term. Describe how these objectives are aligned with the current standards-based state curriculum frameworks. 5C. How will the school evaluate and disseminate to appropriate audiences effective elements of the school’s structure or program? 5D. What will be the school’s enrollment, by grade, by year, and in total, during the term of its next charter? 5E. What facility or facilities does the school plan to use during the term of the next charter? Please submit written documentation that the school remains in compliance with all building, health, safety, and insurance requirements, and that all related inspections and approvals are current. Last reviewed 10/16/2009

5


Alameda County Office of Education Sheila Jordan, Superintendent

CHARTER SCHOOL RENEWAL ADMINISTRATION REVIEW CHECKLIST – PART 3 Charter School:

Area of Review

Date:

Documentation Needed

Board Governance Agendas, verification of public posting Meeting schedule and minutes The Governing Board is established and is setting the policy direction for the school.

List of Governing Board Officers, members and contact information Documentation that background checks have been completed on all Governing Board members Delegations of Authority (ie.,fiscal/personnel) Parents/Staff are provided with information concerning School and Board procedures Parents & Staff have direct access to Governing Board Members 501(c)(3) Status Current Secretary of State Filings

Evidence that school is a not-for-profit

Up-to-date Bylaws and Amendments

Agency and follows all Required Rules and

Federal & State Tax Returns

Regulations

Board Election Process Established and followed Complaint Procedures are Established and followed Any staff who sit on Board do so as non voting members Attendance Accounting Procedures and attendance files are Established Certificate of Occupancy

Evidence that the Operations of the School are safe and effective

Facilities use agreement

Reviewed By:

Yes

No

Comments


Charter School Administration – Review Checklist 3 Charter School PAGE 2 of 3

Area of Review

Documentation Needed

School Leadership and Management School’s Mission Statement School leader has a strategic view of the

Opening procedures & activities

direction and development of the school in

The school displays its mission and values in its displayed work Parent satisfaction surveys

order to achieve the school’s mission

Staff surveys School Organization Chart w/key roles There are clear lines of authority and responsibility, including accountability

Employment policies have been established and are available to teachers and staff

Does the school have an accountability plan? Written documentation that plan has been distributed to teachers. Written documentation to support goals and measurements outlined in school’s Accountability Plan Signed contracts with position descriptions and salary Salary Schedule Evaluation of staff are in place to review the impact of teaching on student learning Current Employee Handbook Staff meeting schedule available

Staffing is adequate and their assignments

Staffing plan

match the staffing plan

Teacher roster Copy of Teacher Certifications

M:\Renewal of Charter Schools\ACOE CS Renewal Application ADMINISTRATIVE Checklist 3.doc

Yes

No

Comments


Charter School Administration – Review Checklist 3 Charter School PAGE 3 of 3

Area of Review

Documentation Needed

Students and Parents

Student enrollment procedures have been documented and a student roster is available to teachers

Intake process and student records are available to teachers for planning

Copy of Governing Board approved Enrollment Procedures outlining order of priorities Student enrollment forms and application procedures available at school site Evidence that application deadline was publicly announced (news clipping, etc) Evidence that lottery has been held (if applicable) Parent and student orientation(s) have been completed or scheduled Evidence of intake process screens for special needs students (applications, surveys or questionnaire) Evidence of intake process screens for EL Students Student CUM records on file and accessible to teachers Student IEP records in separate, confidential files Parent/Student Handbooks

Parents/guardians are provided with quality

School Accountability Report Card (SARC)

information about the school, including

Daily Bell Schedule Posted

suspension & expulsion policies

Uniform Complaint Procedures Posted Parent Participation Agreement

Parental Involvement

Parent/Staff Association Established and schedules are posted

Additional Concerns/Issues:

M:\Renewal of Charter Schools\ACOE CS Renewal Application ADMINISTRATIVE Checklist 3.doc

Yes

No

Comments


Sheila Jordan, County Superintendent of Schools 313 W. Winton Avenue Hayward, CA 94544

Charter School Site Visit Protocol

February 2009

Charter Schools Unit Business Services Division 510.670.4236


Alameda County Office of Education Sheila Jordan, Superintendent

Purpose The primary purpose for conducting a site visit this year is to provide information to the County Superintendent and Board of Education concerning charter schools they have authorized. The information gathered during site visits may be used to assess the school’s progress in the areas of educational performance, organizational management, fiscal operations and fulfillment of the terms of the charter. See Appendix I, Charter School Preparation Checklist, for specific information on what the ACOE team will need before this visit takes place. The information gathered/reviewed will include but not be limited to curriculum planning, staff development, use of adopted textbooks, special education records/IEPs, condition of facilities, and overall climate of the school. ACOE Team members may talk with teachers, administrators and students, visit classrooms, and review additional documents and materials as necessary. See Appendix II for a List of Interview Sample Questions that may be used.

Evaluation Site visits will also be used, in addition to other information and reports, to determine renewal decisions. The following questions help guide team members in assessing whether the charter school is meeting its goals and objectives as stated in their charter and/or Memorandum of Understanding with ACOE: 1. Is the academic program a success? 2. Is the school a viable organization? 3. Is the school being faithful to the terms of its charter?

Team Members The ACOE team is made up of staff and/or consultants who are experts in their content areas such as curriculum, academics, facilities, administration and charter school operations.

Page 1 M:OVERSIGHT\Site Visits\1-Charter School Protocol 2008-09


Alameda County Office of Education Sheila Jordan, Superintendent

Sample Overview of Site Visit Schedule Below is a sample of a site visit schedule. The team will work collaboratively with the charter school to try to structure the site visit which will be the least disruptive to staff and students. Answers to the following questions will help us to structure the site visit: 1. When is the best time to do focus groups for parents, teachers, and students? 2. What is the best process for identifying focus group participants? 3. How are administrative responsibilities designated at the school? Can you provide an org chart? (this will help determine with whom we will need to schedule interviews with) 4. Are there specific areas for which the school would like feedback? 5. Copies of all requested documents (i.e. org charts, master schedules etc.) must be received by the ACOE team two weeks prior to the visit.

Time 8:00 – 8:30 8:30 – 9:15 9:15 – 12:00

12:00 – 1:00 1:00 – 2:00 2:00 – 2:30 2:30 – 3:30

Team 1

Team 2

Team 3

Meet with School Leadership regarding schedule for site review, and to go over any questions about the review in general. Focus Group(s) (Teachers, parents or students) Tour of the school/ Facilities Inspection Classroom Interviews: Grade-level Interviews: Observations 6-8 visits leaders or curriculum Principal coordinators Asst. Principal Admin. Staff 1-2 classroom Business Staff observations Team Meeting/Lunch Fact Finding/Follow-up Team Meeting Verbal report to School Leadership on general observations and feedback from schools on site visit.

TEAM  The Team will meet briefly to go over any last details before going to the site. MEETING WITH SCHOOL LEADERSHIP  Overview of site visit with school leadership  Collect any additional background information on school – mission, enrollment targets, description of philosophy and curriculum  Current issues/needs  Areas in which the school would like feedback from team Page 2 M:OVERSIGHT\Site Visits\1-Charter School Protocol 2008-09


Alameda County Office of Education Sheila Jordan, Superintendent

TOUR OF THE SCHOOL  Orientation to grade and classroom organization  Special function rooms (libraries, resources)  Staff work spaces  Facilities Inspection will also include student bathrooms and cafeteria. Please note a detailed facilities inspection will not take place at your sites this year. FOCUS GROUPS/INDIVIDUAL INTERVIEWS Tips for Interviews and Focus Groups  Link evidence and conclusions (keep notes and examples of noteworthy observations)  Look for situations/comments that re-occur across grades, classrooms, etc.  In focus groups, note the level of consistency on important points – note all, some, few, none  See Appendix II for Interview Sample Questions CLASSROOM OBSERVATIONS The ACOE Team may also conduct an academic audit as part of the site visit process. This audit may include a 15-30 minute observation in each class and individual interviews.

Reporting Results of the Site Visits At the conclusion of the site visit, the Team will provide verbal feedback to the school’s leadership team. In addition, the site visit team will create a written report based on the team’s conclusions. A copy of this report will be shared with the Superintendent’s Office and with the school leadership team. The reports will be used by the Superintendent’s Office to monitor school performance and for decision-making, will become part of the school’s public record, and may be used for public reporting purposes (including the annual accountability report to the County Board of Education).

Page 3 M:OVERSIGHT\Site Visits\1-Charter School Protocol 2008-09


Alameda County Office of Education Sheila Jordan, Superintendent

Charter School Preparation Checklist A.

Preparation Steps for Charter School and Site Administrators The following documents must be submitted at least two weeks before the site visit. If documents are not available prior to the visit, please contact Araceli Varela at (510) 670-4236.  School organizational chart, including teaching assignments *  Map of the school with teacher name, identifying room numbers for each subject and/or grade level and copy of the school schedule for the day of the visit *  A list of textbooks being used by grade level *  Copies of written policies and handbooks for teachers, parents, and/or students  Family and/or student survey information  Curricular documents and/or explanation of academic program  Additional information regarding student turnover/enrollment since annual report  Description/evidence of dissemination activities/plans  Current building safety documents: Occupancy Permit, Fire Inspection, Safety Inspection. *Absolutely necessary to have available to the visitation team. 1. Identify Administrators to Accompany Visitation Teams Schools need to identify at least one administrator to accompany the visitation team during its classroom visits. 2. Prepare Staff, Students, Parents a. Framing the Message: Keep it Positive The site visit should be properly framed in a positive light. It’s important that staff, parents, students and the community understand that this visit is an opportunity to highlight the school’s successes and also to address issues that may impede student learning. The site review is not a “gotcha,” nor is it intended to be punitive.

Appendix I Page 4 M:OVERSIGHT\Site Visits\Charter School Protocol 2-09


Alameda County Office of Education Sheila Jordan, Superintendent

b. Teachers Should Inform Students of What to Expect Teachers should talk with the students about the process and the purpose of the classroom visits (facility check, teacher observations and textbook/instructional materials check). The students need to be aware that the visitors may be sitting in their classroom. c. Other Important Reminders for Teachers ♦ Every student should have a book or materials that can be used in class and taken home. If workbooks or other instructional materials are adopted, each child should have their own UNLESS the textbook vendor provides Black Line Masters or permits schools to make copies from CDs. ♦ IEPs. If a student’s I.E.P. indicates special materials are needed for the

child’s instruction, those materials should be available to that child. ♦ Current Roster. On the day of the visit, every teacher should have a

current student roster for the visitation team. ♦ Engaging students. The visitation team may ask the students

questions. Therefore, on the day of the visit, remind students that there will be visitors to the classroom, the purpose of the visit, and that the students may be asked questions. B.

The Visit - Generally 1. Arrival at the School If there is other “visitor” protocols that the ACOE visitation team(s) need to know in addition to checking in at the school office and wearing name tags, inform Araceli Varela, at (510) 670-4236 or email avarela@acoe.org. 2. Pre-Visit and Post-Visit Briefings with Principal Please plan to meet with the ACOE team upon their arrival on campus and following the visit. All administrators designated to accompany the teams should be available for these briefings. 3. Site Visit Interviews Please plan release time to allow students, teachers and other staff members time to answer interview questions from the site team.

Appendix I Page 5 M:OVERSIGHT\Site Visits\Charter School Protocol 2-09


Alameda County Office of Education Sheila Jordan, Superintendent

C. Expectations for Classroom Visits 1. Current Class Roster-Each classroom teacher must have readily available a current roster of students. 2. UCP (uniform complaint procedures) Notice Posted – The team will be looking for a UCP Notice in every classroom. 3. Emergency Evacuation Procedures – The team will be looking for an exit route posted in every classroom. 4. Instructional Materials Review – The team will visually verify materials for each student. If textbooks are kept in another area (i.e., science texts are in the red book case), the teacher should inform the team when they enter the classroom.

Appendix I Page 6 M:OVERSIGHT\Site Visits\Charter School Protocol 2-09


Alameda County Office of Education Sheila Jordan, Superintendent

Interview Sample Questions Site Leaders and/or Curriculum Specialists Is the organization effective and well-run?  What is the mission for the school?  In general are teachers, parents and administration aware of and supportive of the mission of the school?  How have teachers been made aware of the school’s educational goals? How are they progressing towards meeting those goals?  Is there an explicit school-wide behavior management system and is it consistently implemented? Is it conducive to student success?  How are parents involved in this school? Are your goals for parents being achieved?  Is the school climate conducive to staff success? Is the academic program a success?  How do you ensure that students learn California state standards?  How are curricula decisions made (how often, who is involved, what is the process)?  Do you think teachers are in general aware of and adequately implementing gradelevel curricular goals?  What is your process for identifying staff development needs? What kinds of staff development have you/will you provide teachers?  How do teachers collaborate within grades and across grades (e.g., 5th, 6th)?  What kinds of autonomy do teachers have in terms of teaching and learning?  Do teachers have sufficient resources to implement the curriculum? Is the school providing the appropriate conditions for success?  Briefly describe the curriculum and the processes used to make/change curricula decisions. Is there communication between and across classrooms?  Are you satisfied that the curriculum is being well implemented?  Are there adequate resources to support curricula goals and individual classroom teacher needs?  Are you satisfied with the level at which teachers are implementing the curriculum and best practices in the classroom?  Do you have confidence that the assessments you are using will provide you adequate information related to student learning?  How do you identify and link instructional needs and staff development?  What professional development opportunities have been/will be provided?  Are Board members, parents and teachers aware of and supportive of the school’s mission?  What instruments and processes do you have in place to know if all students are learning?

Appendix II Page 7 M:OVERSIGHT\Site Visits\Charter School Protocol 2-09


Alameda County Office of Education Sheila Jordan, Superintendent

   

Is there a school-wide, explicit behavior management system in place? Is it consistently implemented? How are parents involved in this school? What type of support do you receive from the CEO and the Board? Describe your teacher performance evaluation process.

Is the school meeting its operations and access obligations?  What and how do you provide information about student learning to parents? To the public?  What concerns or needs do you have at this time, especially about your grade or curriculum area?  Is the school facility safe and conducive to learning?  What process is in place to identify students with “special” needs (e.g., special education, English as a second language, academic, etc.)? Do teachers have the resources they need to meet the needs of these students?

Special Education Staff    

What kinds of instructional supports and services are made available to special education students at this school? What types of accommodations and modifications are being made in the regular education classroom for students with diverse learning needs? What ancillary academic supports and services are available to all students? What have been the outcomes for students with disabilities in terms of promotion, graduation, and CAHSEE passing rates? What is their progress on internal assessments?

Administrator Interview Is the organization effective and well-run?     

Are Board members, teachers and parents aware of and supportive of the mission of the school? How do you select Board members? How do you ensure that the Board members are aware of and meeting the needs of the school? How frequently do you interact with Board members? What is the nature of those interactions? Is the school meeting its enrollment targets and is there a wait list? Do you have the student population that you targeted or expected? How are parents involved in the school?

Appendix II Page 8 M:OVERSIGHT\Site Visits\Charter School Protocol 2-09


Alameda County Office of Education Sheila Jordan, Superintendent

Is the school meeting its operations and access obligations? Is the school providing the appropriate conditions for success?    

Do you have any concerns related to compliance issues (facilities, functioning of the Board, HR (employment contracts, teachers being licensed and teaching in fields for which they are licensed, background checks, etc.)? Do you have confidence that the assessments you are using will provide you adequate information related to student learning? Related to achieving the goals of your charter? What will you provide and how will you provide information to the public and to parents about student learning and about your school? Are you having any challenges related to human resources (for teaching and nonteaching staff)? Are all of your staff members aware of their responsibilities? Do their qualifications match their responsibilities, and do they have the resources they need to effectively complete their responsibilities? What concerns or needs do you have at this time?

STUDENTS         

Why are you attending this school? Where did you attend school last year and how is this school different? What are you learning? Or describe a typical class? Do you feel challenged at this school? Do feel safe at this school? What was the assignment for the piece of school work that you brought? What did you learn by doing this project/assignment? Explain. Did a teacher assess or grade this piece of work? How? Name one thing you like and one thing you don’t like about the school.

PARENTS and FAMILIES      

Where did your child/ren attend school last year and why are they attending this school? How is this school different than other schools at which your child has been enrolled? Are your expectations for the school being met? Why/why not? What is/are your child/ren learning? What information is the school providing about your child’s learning? In what ways are you involved at the school? Name one thing that you like and one thing that you dislike about the school.

Appendix II Page 9 M:OVERSIGHT\Site Visits\Charter School Protocol 2-09


Alameda County Office of Education Sheila Jordan, Superintendent

EVALUATION OF EDUCATIONAL PERFORMANCE OF CHARTER SCHOOLS The educational performance of charter schools authorized by the Alameda County Office of Education are evaluated based upon a review of the charter petition, analysis of charter school related data, documents and records as well as observation and interviews at the site. Findings, recommendations and comments, are included as needed. Quality Indicators A four-point scale is used to rate each category: 4

-

Good

3

-

Satisfactory

2

-

Unsatisfactory

1

-

Poor

An evaluation of good applies to provision characterized, overall, by strengths. There are very few weaknesses and any that do exist do not diminish the students’ experience. Whilst an evaluation of good represents a high standard of provision, it is a standard that should be achievable in all schools. It implies that it is fully appropriate for a school to continue its provision without significant adjustment. However, the school would always be expected to continue to take advantage of opportunities to improve.

An evaluation of satisfactory applies to provision characterized by a number of strengths. There are weaknesses but, singly or collectively, these do not have a significant adverse impact on the student experience. An evaluation of satisfactory may be arrived at in a number of circumstances. Provision may make for a productive student experience but it may not provide consistent challenge for students. Typically provision will be characterized by strengths, but one or more weaknesses reduce the overall quality of the student experience.

An evaluation of unsatisfactory applies to provision characterized by weaknesses, which require remedial action by the school. Some, if not all, staff responsible for provision evaluated inadequate require support from senior managers in planning and carrying out the necessary actions to effect improvement. There may be some strengths but these are overshadowed by the impact of the weaknesses.

An evaluation of poor applies when there are major weaknesses in provision, requiring immediate remedial action on the part of the school. The student experience is at risk in significant respects. In almost all cases, staff responsible for provision evaluated poor will require support from senior managers in planning and carrying out the necessary actions to effect improvement. This may involve working alongside effective peers in or beyond the school.


School Site:

Date:

EDUCATIONAL PERFORMANCE

1

2

1. Educational Performance the Charter School has clearly measurable outcomes and data that supports how well students are doing in meeting outcomes Verify the Charter School has clearly measurable outcomes and data that supports how well students are doing in meeting outcomes  the school’s results in state and other tests and how these compare with the state or national averages 

whether the school is showing improvement in standards attained

 whether the school sets challenging goals and is on course to meet or exceed them Verify Charter School is meeting API growth targets (if applicable), AYP targets and CELDT scores. Evaluate: 

how much progress the students have made during their time in school and during any given grade

progress of students with special educational needs

progress of students who are potentially higher attaining

whether students whose home language is additional to English, are making progress

whether there are any significant differences in the standards achieved by students of different subgroups especially by: gender , ethnic background, or socially-economically disadvantaged students

Verify that student achievement data is regularly reported to staff and parents. 2. Instructional Materials and Tools and Professional Development. The Charter School shall have sufficient instructional materials, other instructional tools, and professional development necessary for the faculty and staff to implement the curricular and instructional plan (set of plans or like documents). Verify that the Charter School has adopted (and is following) a curricular and instructional plan (set of plans or like documents) by visiting classrooms; observing instruction in progress; engaging in informal conversation with faculty and staff, students (as appropriate), and parents/guardians; and reviewing samples of student work. In particular verify that the school’s curriculum:  provides an appropriately broad range of learning opportunities which will enable students to have individual learning needs met  has effective strategies and programs for literacy and numeracy  provides enrichment through its extra-curricular provision, including support for learning outside the school  is designed to work towards achievement of the school’s mission  has effective arrangements for assessing and recording student attainments and progress  uses technology to support teaching and learning  are consistent and effective in behavior management strategies  assesses students’ work thoroughly and uses assessments to develop student learning Evaluate the positive impact on student learning by the extent to which students:  are enabled to learn independently  can apply their knowledge, skills and understanding, including literacy and numeracy across the curriculum  maintain a sense of commitment to and enjoyment of their work  work well together and collaborate effectively when appropriate  set high expectations for themselves and what they can achieve  If Charter School serves high school students, verified parents are informed about transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements.

Envision Ed Performance Eval 5/7/09

2

3

4


School Site:

Date:

EDUCATIONAL PERFORMANCE

1

2

3. Effective Classrooms: The Charter School demonstrates that the teaching and learning practices within its classrooms provides students with ample opportunity to learn important content and 21st century learning skills. CONTENT – Determined whether the content of a lesson:  Is important for student to learn and use.  Involves the integration of important ideas from more than one academic area. Is aligned to one or more California Content standards. Incorporates one or more 21st Century skills:  Draw inferences and conclusions from text.  Compare and contrast ideas from multiple sources of information  Analyze conflicting source documents.  Support an argument with multiple and diverse evidence.  Solve complex problems that have no obvious solution Uses a topic that is generative:  interesting to students  interesting to teachers  ideas in multiple academic areas  21st century learning skills Is culturally sensitive and relevant to the lives of students INSTRUCTIONAL PRACTICES - Determined whether the instructional practices of the lesson incorporates the key elements of an effective lesson:  Clarity of instructional targets  Scaffolded instructional sequence (i.e. Engage, Explore, Explain, Elaborate, Evaluate)  Frequent checks for understanding  Opportunities to review exemplars of both high and poor quality  Student engagement and random monitoring  Student practice with coaching support Lesson Differentiation based on student needs:  Frequent lesson adaptations to meet the learning needs of students especially EL students.  Use of specific instructional strategies that address the learning needs of specific groups of students especially EL students. Provides opportunity for the production of high quality student performances and products that:  Demonstrate the application of the important ideas of the lesson  Demonstrate student understanding of 21st Century skills  Involve student writing

ASSESSMENT PRACTICES - Determined whether the assessment practices of the lesson:  Provide focused descriptive feedback to groups of students and individual students  Provide planned opportunities to use higher order questions to engage students or help students understand and use important ideas and 21st Century skills.  Are culturally sensitive and relevant to the lives of students Are frequent throughout the lesson and provide just in time opportunities to check for all student understanding of important ideas and 21st century skills. Involve students in the development and use of assessments as well as the assessment results. Envision Ed Performance Eval 5/7/09

3

3

4


School Site:

Date:

EDUCATIONAL PERFORMANCE

1

2

4. Faculty and Staff. The Charter School shall have sufficient faculty and staff to provide the educational program and support services and operate the facility in accordance with the Charter, any applicable requirements of law, and the policies and directions of the ACD / Charter School’s governing board.

Verify that the Charter School has employed (maintains) sufficient faculty and staff to provide the educational program and support services and operate the facility in accordance with the Charter, any applicable requirements of law, and the policies and directives of the Charter School’s governing board.

Verify that the faculty and staff are credentialed or otherwise qualified for the positions for which they have been employed in accordance with the Charter, any applicable provisions of law, and the policies and directives of the Charter School’s governing board.

Verify that the faculty and staff have received any clearances necessary for the positions for which they have been employed.

Verify that faculty and staff have received any specific training required by law or by the policies and directives of the Charter School’s governing board and that they are provided opportunities for professional development necessary to carry out the instructional program. 5. Special Education. The Charter School shall actively identify students who may have exceptional needs, assess them promptly, and develop (or facilitate the development of) individualized education programs (IEPs), as necessary, in a timely manner. The Charter School shall provide special education programs and services for students with exceptional needs in accordance with their IEPs. The Charter School shall participate in a special education local plan area (SELPA) to ensure that special education programs and services are properly delivered.

Verify that the Charter School is:  is actively identifying students who may have exceptional needs, assessing them promptly, and developing (or facilitating the development of) IEPs, as necessary, in a timely manner – including “search and find” processes 

providing special education programs and services in accordance with students’ IEPs

participating in a SELPA

providing Special Education training for staff

Envision Ed Performance Eval 5/7/09

4

3

4


School Site: EDUCATIONAL PERFORMANCE

Date: 1

2

NOTES: Areas of particular strength:

Areas recommended for improvement or in need of corrective action:

Other comments:

Envision Ed Performance Eval 5/7/09

5

3

4


Alameda County Office of Education Sheila Jordan, Superintendent

CHARTER SCHOOL ADMINISTRATIVE REVIEW Although exempt from most education code requirements and administrative regulations, charter schools authorized by the Alameda County Office of Education are required to comply with all provisions in their approved charter, maintain contemporaneous attendance records, and operate under sound business practices. These areas are evaluated based upon a review of the charter petition, analysis of charter school related data, and review of documents and records at the school site. Findings, recommendations and comments, are included as needed. ADMINISTRATIVE REVIEW 1. Student Attendance

What attendance accounting system is used? Is there an approved school calendar? Is there an approved class (bell) schedule? Is there a process to monitor compliance with the minimum instructional minute requirements? Is there a minimum of 175 instructional days? Does the school maintain a class list for all students? Is attendance taken daily by the classroom teacher? Are absences excluded from the apportionment days? Is there a process to compile school wide ADA? Are records maintained for audit? Has ADA only been claimed for teachers who hold an appropriate certificate, permit or other document issued by CTC as required by EC 47605(l) ? 2. Student Records

description of the procedures for maintenance and transfer of pupil records including what happens to those records if the school closes. school documents that enrollment complies with the school enrollment plan; actual student diversity complies with the enrollment plan policies and procedures to address the proper maintenance of student records

3. Audit

What audit firm has been selected? Has an audit schedule/timeline been developed? Has a copy of the audit for the prior year been provided to the sponsoring LEA? Has a corrective plan of action been developed and implemented for each finding and recommendation? Have the prior year findings and recommendations been implemented?

YES

NO

N/A


School Site:

Date:

ADMINISTRATIVE REVIEW

YES

NO

Are records maintained for audit? Does the sponsoring LEA conduct periodic internal audits? 3. Personnel/Payroll

Are there approved policies addressing personnel? Do employee records include credentials? Do employee records include criminal background check results? Do employee records include TB test results? Are personnel actions approved by the board? Are records maintained for audit? Special Education Are records maintained for audit? 

is actively identifying students who may have exceptional needs, assessing them promptly, and developing (or facilitating the development of) IEPs, as necessary, in a timely manner – including “search and find” processes

providing special education programs and services in accordance with students’ IEPs

participating in a SELPA

providing Special Education training for staff

NOTES:

Envision Ed Performance Eval 5/7/09

2

N/A


Useful Charter School Websites Organization

Website

www.acoe.org/acoe/BusServices/CharterSchools ACOE Charter Schools Office This website provides information about charter schools located in Alameda County, and links to other resources and materials.

California Department of Education, Charter Schools Unit www.cde.ca.gov/sp/cs Includes information about charter schools in the state and contact information for the State Charter Schools Unit. Website offers downloadable Charter School Locator information, FAQs page, School Assessment Information, and other reporting requirements. California Charter Schools Association www.charterassociation.org A Charter School membership organization that provides advocacy, resources, and services to charter schools in California. Charter Schools Development Center www.cacharterschools.org Provides technical assistance, training and resources to California charter school developers, operators, charter granting agencies, and policy makers. Website offers downloadable sample documents, policy papers, and planning tools for charter school leaders. Center for Education Reform www.edreform.com This website includes information about charter schools in the state and contact information for the State Charter Schools Unit. Website offers downloadable Charter School Locator information, FAQs page, School Assessment Information, and other reporting requirements. Commission on Teacher Credentialing

www.ctc.ca.gov

National Association of Charter School Authorizers www.qualitycharters.org NACSA is a nonprofit membership organization committed to developing and maintaining high standards for charter school authorizing. Website offers downloadable Charter School Resources for Authorizers. National Alliance for Public Charter Schools www.publiccharters.org The Alliance supports policies promoting charter schools as a high-quality public education option. The website focuses on key priorities like lifting arbitrary "caps" on charter growth and closing the funding gap between charters and other public schools. State Controller’s Office

www.sco.ca.gov

U.S. Charter Schools www.uscharterschools.org This website assists charter school developers, authorizers, and operators to meet, exchange ideas, and access a valuable resource library.

ACOE Charter School Handbook – rev 7/1/2010

Authorizer's Handbook  

authorizer's handbook

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