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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• 3 charters withdrawn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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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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• 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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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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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