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ACCS State Board of Education Policy


State Board Policy #01-04 (PDF; Revised April 2002)

Historical notes: This policy was originally approved in October 2001. Minor technical amendments were made in April 2002.

References: California Education Code (EC) sections 33031 External link opens in new window or tab. and 47634.2(b) External link opens in new window or tab..

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Establishment

In accordance with the requirements of EC Section 47634.2(b), and for purposes of providing for its own government in keeping with EC Section 33031, the State Board of Education (SBE) hereby establishes the Advisory Commission on Charter Schools (ACCS).

Membership

The ACCS shall be composed of nine members. Eight of the members shall be appointed by the SBE to two-year terms on a calendar-year basis. The ninth member of the ACCS, who shall be deemed to be appointed by the SBE, represents the State Superintendent of Public Instruction and shall be designated by the State Superintendent. For purposes of the initial appointments to the ACCS, four members shall be designated by the SBE to serve three-year terms in order to establish a proper staggering of appointments.

The remainder of the year 2001 shall be disregarded in relation to the terms of office of the initial appointees. Individuals may be re-appointed to subsequent terms on the ACCS without limit.

Within the membership of the ACCS, the SBE shall ensure that all of the following groups are represented: school district superintendents, charter schools, teachers, parents (guardians), members of the governing boards of school districts, and county superintendents of schools. A single individual may represent more than one group.

Background Statement

Charter schools are a promising means for generating higher student achievement. The SBE has been assigned by statute a strategic role to ensure that this promise of higher student achievement is realized within a context of sound educational programs and practices, proper financial management, and certain specific requirements of law.

The SBE’s role includes, but is not limited to, the following:

  • Selective granting of charter petitions that have been denied or not renewed by local educational agencies, but that the SBE determines to have met statutory requirements.
  • Taking appropriate action, including, but not limited to, revocation with respect to SBE-granted and locally-granted charters under specific circumstances set forth in statute.
  • Establishing appropriate funding levels for nonclassroom-based charter schools
  • Jointly with the State Superintendent, approving districtwide charter petitions when those petitions are determined to be satisfactory.
  • Developing and adopting regulations to implement various provisions of the Charter Schools Act of 1992 (Part 26.8 of the EC, commencing with Section 47600).
  • Approving or denying requests to waive otherwise applicable provisions of law.
  • Assigning numbers to charter school petitions to ensure that the statutory cap on the number of charter schools is not exceeded.

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Duties

The ACCS shall advise the SBE on all aspects of the SBE's duties under the Charter Schools Act of 1992. In doing so, the ACCS shall assist the SBE in carrying out the SBE's proper role of ensuring that charter schools realize higher student achievement within a context of sound educational programs and practices, proper financial management, and other specific requirements of law. Priority areas for consideration by the ACCS will include the first three matters listed in the Background Statement above:

  • Selective granting of charter petitions that have been denied or not renewed by local educational agencies, but that the SBE determines to have met statutory requirements.
  • Taking appropriate action, including, but not limited to, revocation with respect to SBE-granted and locally-granted charters under specific circumstances set forth in statute.
  • Establishing appropriate funding levels for nonclassroom-based charter schools

Bagley-Keen Open Meeting Act

In accordance with law, meetings of the ACCS are subject to the requirements of the Bagley-Keene Open Meeting Act.

Chair and Rules of Governance

From among the members of the ACCS, the SBE shall designate a chair. The chair shall typically serve a one-year term in that office, unless otherwise specified by the SBE. The chair may from time to time surrender to another member the duty of presiding over a meeting of the ACCS as he or she deems necessary and appropriate.

The ACCS may establish bylaws for its own government as it deems necessary. Unless otherwise addressed in bylaws it may establish, the ACCS shall follow Robert’s Rules of Order (Newly Revised). No fewer than five members shall be deemed a quorum of the ACCS for purposes of conducting meetings. Each formal recommendation of the ACCS shall require an affirmative vote of at least five members.

Staff

The California Department of Education (CDE) shall provide staff support for the ACCS, including, but not limited to, preparing meeting agendas; posting meeting notices; distributing meeting materials to ACCS members, maintaining records regarding ACCS recommendations to the SBE; and arranging ACCS members' travel and filing travel claims.

Travel, Lodging, and Other Expenses

Members of the ACCS shall be entitled to receive CDE-purchased airline tickets and reimbursements for travel, lodging, and other expenses only to the extent permitted by applicable provisions of statute and the State Administrative Manual.

Frequency of Meetings

The ACCS may hold meetings as necessary based upon the members’ assessment of workload in consultation with CDE staff.

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Questions:   Charter Schools Division | charters@cde.ca.gov | 916-322-6029
Last Reviewed: Friday, November 22, 2019
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