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.
ACOE Charter School Handbook – rev 7/1/2010
12