Regulation – x
Adopted – 5/5/1994
Contents of Charter School Petitions
Charter school petitions must contain the signatures of not less than ten percent of the teachers currently employed by the district or not less than 50 percent of the teachers currently employed at one district school. (Education Code 47605)
Petitions shall stipulate:
1. That the 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 student on the basis of ethnicity, national origin, gender or disability; and
2. That admission to a charter school shall not be determined according to the student’s place of residence, or that of his/her parent/guardian, within this state, except that any existing public school converting partially or entirely to a charter school shall adopt and maintain a policy giving admission preference to students who reside within the school’s former attendance area. (Education Code 47605)
In addition, charter petitions shall include descriptions of the following charter provisions:
1. 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 students to become self-motivated, competent, and lifelong learners.
2. The measurable student outcomes identified for use by the charter school. “Student outcomes” means the extent to which all students of the school demonstrate that they have attained the skills, knowledge and attitudes specified as goals in the school’s educational program.
3. The method by which student progress in meeting those student outcomes is to be measured.
4. The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement.
5. The qualifications to be met by individuals to be employed by the school.
6. The procedures that the school will follow to ensure the health and safety of students and staff. These procedures shall include the requirement that each school employee furnish the school with a criminal record summary as described in Education Code 44237.
7. The means by which the school will achieve a racial and ethnic balance among its students that is reflective of the general population residing within the territorial jurisdiction of the district.
8. Admission requirements if applicable.
9. The manner in which an annual audit of the financial and programmatic operations of the school is to be conducted.
10. The procedures by which students can be suspended or expelled.
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.
12. The public school attendance alternatives for students residing within the district who choose not to attend charter schools.
13. A description of the rights of any district employee upon leaving district employment to work in a charter school, and of any rights of return to the district after employment at a charter school. (Education Code 47605)
Within 30 days of receiving a petition to establish a charter school, the Board shall hold a public hearing to determine the level of employee and parental support for the charter school as it has been proposed.
The Board may require additional information regarding the legal and financial implications of the proposed charter and may establish workable plans with the charter school petitioners for district assistance in implementing the proposed charter school.
Within 60 days of receiving a petition, or within 90 days with the consent of the petitioners and the Board, the Board shall either grant or deny the request to establish a charter school.
The Board may grant a charter for up to five years, subject to renewal for additional five-year periods. Material revisions to a charter may be made only with Board approval. (Education Code 47607)
No district employee may be required to work at a charter school. (Education Code 47605)
No child may be required to attend a charter school. (Education Code 47605)
The Board may revoke a charter whenever it finds that the charter school:
1. Committed a material violation of any of the conditions, standards, or procedures set forth in the charter petition.
2. Failed to meet or pursue any of the student outcomes identified in the charter petition.
3. Failed to meet generally accepted accounting standards of fiscal management.
4. Violated any provision of law. (Education Code 47607)
See Policy #0420.4
CSBA Date – 12/92