© 2004 law offices of spector, middleton, young & minney, llp 1 charter school renewal
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
CHARTER SCHOOL RENEWAL
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Goals For This Section
• Understand legal authority
• Review timelines
• Review AB 1137
• Suggestions for successful renewal
• Top 10 issues on renewal
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Current Landscape
• CSA just over 10 years old
• 674 charters granted to date
• 8 charter districts (with 15 schools)
• 35 COE charter Schools (5 %)
• 2 County-wide CS (.02 %)
• 8 SBE charters (no state-wide) (1%)
• 515 Currently operational
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Current Charter School Landscape cont.
• 3 charters withdrawn
• 5 charters abandoned
• 39 revoked (6 %)
• 33 non-renewed (5 %)
• 6 inactive
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Legal Authority on Renewal
• EC 47607• EC 47607.5• EC 47605• EC 47608• Board Policy/AR• Charter/MOU• SBE Regulations
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Legal Authority on Renewal
Section 47607(a)(1)
• One or more renewals
• Renewal by granting agency
• Each for 5 years
• Section 47607(a)(2)
• “standards/criteria” of 47605
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Standards and Criteria of 47605• Signatures?• 47605(g) information?• Hearing/public support• Board determination
• Shall grant if sound ed practice• Must make findings to deny
Legal Authority on Renewal
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
• Board Policy/AR
• Heightened detail/attachments
• Charter/MOU
• Additional requirements/process limitations (e.g. only within 4th year)
Legal Authority on Renewal
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Legal Authority on Renewal
EC 47605(k)(3)
• SBE charter - SD 1st then SBE
• Cf. all others to granting agency 1st
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Section 47607.5
• Denied renewal appealable
• Cf. revocation (no appeal)
Section 47608
• SD/COE must comply with Brown Act
Legal Authority on Renewal cont.
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
• Other Considerations
• COE charter BP/AR
• SBE Criteria for Charter approval
• Model Charter School Application (SBE)
Legal Authority on Renewal cont.
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Renewal Timelines
Start early!
• Few districts comply with timelines
• SD process 60-90 days
• COE process 60-90 days
• SBE process 90-120 days
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Renewal Timelines Cont.
• SBE meeting every 2 months
• ACCS meeting every 2 months
• To CDE 30 days before ACCS meeting
• To SBE 60 days after ACCS
• Only 3 SBE meetings before June 30, 2005
• January, March, May
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Impact of Lapse of Charter
• No funding or funding interruption
• Charter petition anew
• New SBE number & CDS code
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
AB 1137 Changing Renewal Criteria
• Effective January 1, 2004• Calls for “objective, statewide, and
uniform minimum academic standards” to ensure performance based accountability
• Renewal section effective January 1, 2005 or after CS in operation for 4 yrs, whichever is later
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
AB 1137 Renewal Criteria Cont….
CS must meet one of the following inorder to secure renewal:
(1) Meet API growth target: (a) prior yr; (b) in 2 of 3 last yrs; or(c) in aggregate prior 3 yrs
(2) Score “4” or higher on state or similar schools rank: (a) prior yr; or (b) in 2 of 3 last yrs
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
AB 1137 Renewal Criteria cont….
(3) Granting agency determines school’s progress is equal to: (a) schools charter school students would otherwise
have attended; and (b) schools located near charter school
• documented with clear and convincing data including standardized tests
• and information from charter school• Submit w/summary to SPI for
recommendation (4) Qualify for ASAM
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Suggestions for Successful Renewal
• Begin early• Involve stakeholders• Revise charter to comply with current law• Revise charter with eye toward appeal• Review SD/COE/SBE policies/criteria• Package renewal application• Lobby board members• Understand fiscal impact to school district
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Suggestions for Successful Renewal cont…
• Create summary of CS highlights• Dissect data on student performance/charter
school to district• Review universal application (info./format)• Review CDE assessment of SBE charters• Consider options: (1) COE-wide charter; (2)
SBE state-wide charter• Confirm mandated cost reimbursement for
district
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Top Ten Issues on Renewal:
1. Conflict of interest laws
2. Brown Act issues
3. Revised MOU/facilities use agreement
4. Financial review standards/fiscal oversight
5. Special education delivery/encroachment
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© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP
Top Ten Issues on Renewal cont…
6. Dependence v. independence
7. Admissions/suspension/expulsion
8. Prop. 39 facilities
9. CS policy development
10.Prior charter commitments
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