CASI August 2022 Charter Chat Resource Page

• Do charters have to offer TK? No. Charter schools are not required to offer TK. The California Department of Education’s (CDE) position was previously expressed differently.
• What is the ratio for TK during recess and lunch? The statute requires that starting July 1, 2022, a school district or charter school shall maintain an average ratio of at least one adult (which may be the teacher) for every 12 pupils during instructional time, which for TK students at a school district includes recess if students are engaged in educational activities required of them and under the immediate control and supervision of a certificated employee (Education Code [EC] Section 46115). The law is silent with respect to whether the ratio must be maintained during lunch and recess that is not being counted towards instructional time. For additional guidance on ratios for TK, please email the School Fiscal Services Division at PASE@cde.ca.gov.
• Can a charter school offer TK as part of an independent study program? Yes. However, the independent study program that the local educational agency is providing would have to meet the requirements of independent study in order to be eligible for funding (Article 5.5 of Chapter 5 of Part 28 of the EC, commencing with EC Section 51745).
• Do charter schools not offering TK have to return UPK Planning and Implementation funds allocated pursuant to EC Section 8281.5? If charter schools are not offering TK and are not creating plans for UPK implementation, they are required to return the UPK Planning and Implementation funding. Please email UPKPlanningGrant@cde.ca.gov to advise the CDE of this intent.
• For more information, see Universal Prekindergarten and Charter Schools FAQs.

• At the August 11, 2022, ACCS meeting, the ACCS considered two additional appeals of denials of charter petitions under the “abuse of discretion” standard under Assembly Bill (AB) 1505 that were discussed in the July Charter Chat.
  • As a reminder, the role of the ACCS is not to determine whether an abuse of discretion occurred, but to recommend to the SBE whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record.
  • Caliber: High School The Caliber: High School (CHS) charter petition was denied by the Vallejo City Unified School District and the Solano County Board of Education. The CDE recommended that the ACCS issue a recommendation to the SBE to summarily deny the CHS appeal. The ACCS first voted down a motion to recommend that the SBE hear the appeal, then voted to recommend the CDE staff recommendation that the SBE summarily deny the appeal.
  • Mayacamas Charter Middle School The Mayacamas Charter Middle School (MCMS) charter petition was denied by the Napa Valley Unified School District and the Napa County Board of Education. The CDE recommended that the ACCS issue a recommendation to the SBE to hear the MCMS appeal. This recommendation is based upon the CDE’s review of MCMS’ appeal and the documentary record, which set out sufficient evidence to hear the appeal. The ACCS voted to recommend the CDE staff recommendation that the SBE hear the appeal.
• The SBE Meeting at which the ACCS recommendations will be considered will be held September 14–15, 2022.

No. Renewals are bound by Education Code sections 47605 , 47607 , and 47607.2 .

Senate Bill (SB) 98 took effect on June 29, 2020, and held that charter schools would be bound by the same governance transparency laws as districts.  During the COVID-19 state of emergency, all governing board meetings shifted to virtual meetings and Brown Act requirements were temporarily suspended.  As schools are back in-person, many boards are contemplating transitioning to in-person meetings. However, with that transition, come all of the requirements which are contained in Education Code Section 47604.1 :

• If a Charter Board only has one site, the board meeting must be held at the site.
• If a Charter Board has more than one site and operates in only one county, then the charter must establish two-way communication at each site for the board meeting.
• If a Charter Board has more than one school and operates in only one county:
  • The meeting must be held within the physical boundaries of the county, and
  • Two-way communication must be established at every school for the Board meeting.
• If a Charter Board has more than one school and operates in different counties:
  • The Board meeting must be held in the physical boundary of the county in which the most students reside,
  • Two-way communication must be established at every site for the Board meeting, and
  • The meeting must be recorded and posted to the school’s website.
• If a Charter Board operates a nonclassroom-based school that does not have a facility or operates more than one resource center:
  • The meeting must be held within the physical boundaries of the county in which the most students reside, and
  • Two-way communication must be established at every resource center for the Board meeting.

On June 30, 2022, Governor Newsom signed SB 189 into law which created Government Code (GC) 11133, and is in effect until June 30, 2023:

GC 11133 states:

(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.

(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.

(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:

• (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
• (B) Each teleconference location be accessible to the public.
• (C) Members of the public may address the state body at each teleconference conference location.
• (D) Post agendas at all teleconference locations.
• (E) At least one member of the state body be physically present at the location specified in the notice of the meeting.

(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.

(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:

• (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 United States Code Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
• (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).

(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:

• (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
• (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.

(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.

(g) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.

The Santa Clara County Office of Education currently reviews their charters’ websites for the following criteria, also available as a Google Website Review Worksheet (XLSX):

• Uniform Complaint Procedures (UCP)
• The charter school complaint form regarding not serving all students who wish to attend
• Suspension/expulsion policy
• Parent/student handbook
• Title IX policy
• Suicide prevention policy
• A copy of school lottery application
• School admission requirements
• Lottery preferences and procedures
• Board meeting calendar
• Board meeting agendas (one click on front of website to current agenda)
• Board minutes/recordings where applicable
• School Accountability Report Card
• The most recent Local Control and Accountability Plan (in the correct format and in one document which includes the budget overview for parents)
• The federal addendum (if applicable)
• School contact information (address, phone numbers, and email addresses)