charter school renewal
DESCRIPTION
CHARTER SCHOOL RENEWAL. Goals For This Section. Understand legal authority Review timelines Review AB 1137 Suggestions for successful renewal Top 10 issues on renewal. Current Landscape. CSA just over 10 years old 674 charters granted to date 8 charter districts (with 15 schools) - PowerPoint PPT PresentationTRANSCRIPT
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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• 3 charters withdrawn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