State Board of Education AppealsResources for submitting an appeal to the California State Board of Education.
If the governing board of a school district denies a petition for the establishment of a charter school, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. 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 of Education (SBE). An appeal for the establishment of a charter school should include:
- A complete copy of the petition as denied, including the signatures required by California Education Code 47605. [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=47605]
- Evidence of the governing board’s action to deny the petition (e.g. meeting minutes) and the governing board’s written factual findings specific to the particular petition, when available, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code 47605(b).[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=47605]
- A signed certification stating that petitioner(s) will comply with all applicable law.
- A description of any changes to the petition necessary to reflect the county board of education or the State Board of Education as the chartering entity, as applicable.
Please refer to 5 California Code of Regulations sections 11967, which can be found by searching the California Code of Regulations [https://govt.westlaw.com/calregs.index] , for the documentation required for an appeal of the establishment of a charter.
If either a school district governing board or a county board of education, as a chartering agency, does not grant a renewal to an existing charter school, the charter school may submit its petition for renewal with the SBE. An appeal for the renewal of a charter school should include:
- Documentation that the charter school met at least one of the criteria specified in Education Code Section 47607(b).[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=47607]
- A copy of the renewal charter petition, as denied, including a reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed.
- A copy of the district governing board’s written factual findings denying the petition for renewal, and evidence of the county governing board’s denial or, if the county board of education failed to act, evidence that the timeline set forth in 5 CCR Section 11966.5(d), which can be found by searching the California Code of Regulations [https://govt.westlaw.com/calregs.index] , has expired.
- A description of any changes to the renewal petition necessary to reflect the SBE as the chartering entity.
Please refer to 5 CCR Section 11966.6, which can be found by searching the California Code of Regulations [https://govt.westlaw.com/calregs.index] , for the documentation that is required for the submission of an appeal of the denial for the renewal of a charter.
Timeline for Submitting an Appeal to the State Board of Education
To provide sufficient time for Charter Schools Division staff to thoroughly review and analyze all appeal documents it is suggested that all appeal documentation be submitted to the Charter Schools Division three months before the SBE meeting at which the petitioner wishes to be heard, thereby allowing the petition to be heard first at the Advisory Commission on Charter Schools meeting occurring the month before each SBE meeting. The following table of dates reflects the suggested submission for appeals.
|State Board Meeting||Submission Due|
|September 2016||June 1, 2016|
|November 2016||August 1, 2016|
|January 2017||October 3, 2016|
|March 2017||December 1, 2016|
|May 2017||February 1, 2017|
|July 2017||April 3, 2017|
|September 2017||June 1, 2017|
|November 2017||August 1, 2017|
Appeal documentation must be submitted in Word or Excel format. Please send one hard copy and one copy on a flash drive or via Dropbox to:
Charter Schools Division
California Department of Education
1430 N Street, Suite 5401
Sacramento, CA 95814-5901