State Board of Education Appeals Process FAQs
Answers to frequently asked questions related to Assembly Bills 1505 and 1507.The below frequently asked questions are intended to provide clarification to charter schools, charter authorizers, and interest holders on matters related to Assembly Bills 1505
and 1507
[Chapter 486, Statutes of 2019], which were approved by the Governor on October 3, 2019.
Changes to the State Board of Education Appeal Process
1. My petition to establish a charter school was denied. Do I have the option to appeal to the State Board of Education? (Posted 21-Oct-2020)
If the petition to establish a charter school per California Education Code (EC) Section 47605 was denied by both the school district and county office of education, then the petitioner can appeal to the State Board of Education (SBE). The SBE will review the decision(s) for an abuse of discretion (EC Section 47606[k][2]).
If the petition to establish a charter school per EC Section 47605 was denied by the school district and there is no independent county office of education, then the petitioner can appeal to the SBE. The SBE will review the decision on de novo review (EC Section 47605[k][1][B]).
If the petition to establish a countywide charter school per EC Section 47605.6 is denied, the petitioner does not have the option to appeal to the SBE (EC Section 47605.6[k]).
2. I would like to submit an appeal to the State Board of Education after being denied by the county office of education. What do I need to submit? (Posted 21-Oct-2020)
The petitioner shall submit the petition to the State Board of Education (SBE) within 30 days of denial by the county board of education (California Education Code [EC] Section 47606[k][2][A]).
The petitioner shall include the findings and documentary record from the governing board of the school district and county board of education for the decision being appealed (EC Section 47606[k][2][A]).
The petitioner shall include a written submission detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education, or both, abused their discretion (EC Section 47606[k][2][A]).
At the request of the petitioner and no later than 10 business days after the request is made, the governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing boards denied the charter (EC Section 47606[k][2][A]).
3. Is there a form or checklist to be included when submitting an appeal to the State Board of Education? (Posted 21-Oct-2020)
A checklist has been developed to assist petitioners with identifying the required elements to be submitted by the petitioner. The form is available at State Board of Education Appeals.
4. How long do I have to submit an appeal to the State Board of Education for consideration after the petition has been denied by the county board of education? (Posted 21-Oct-2020)
A charter school petitioner has 30 calendar days, after the denial by the county board of education, to submit a completed appeals package to the state board (California Education Code Section 47606[k][2][A]).
Temporary Prohibition on New Nonclassroom-Based Charter Schools
1. Are new nonclassroom-based charter schools prohibited? (Updated 11-Aug-2021)
California Education Code (EC) Section 47612.7 provides that from January 1, 2020, to January 1, 2025, inclusive, the approval of a petition for the establishment of a new charter school, as defined in EC Section 47612.5(e)(2), is prohibited. Additional information regarding this subject is available at Temporary Prohibition on New Nonclassroom-Based Charter Schools.
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