SECTIONS 47605-47608 - California Statutes

EDUCATION CODE

SECTION 47605-47608

47605. (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 legal
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.
(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 legal 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. The governing board of the school
district 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.
(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 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, legal 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 the characteristics listed in Section 220.
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 legal 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 governing board of the school
district 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 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.
(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
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.

47605.1. (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.
(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.

47605.2. 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.

47605.3. 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.

47605.5. 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.

47605.6. (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.
(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 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.

47605.7. (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.

47605.8. (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.

47606. (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.
(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.

47607. (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.
(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.

47607.5. 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.

47608. 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).