CASI September 2022 Charter Chat Resource PageInformation and resources from the September 2022 Charter Chat, presented by the Charter Authorizer Support Initiative (CASI).
Charter Chat Topics
- Legislative Updates
- Program Hot Topics
- Fiscal Hot Topics
- Additional Resources
- Q&A from Previous Charter Chats and CASI Email
- Q&A from the September Charter Chat
- Legislative Process Bills go through a two-year legislative process
. This is the last year for a bill to complete the process.
Bills which have passed are now on the Governor’s desk for signature by September 30, 2022:
- Assembly Bill (AB) 2774 Placed in suspense by member - This bill would reconfigure the Local Control Funding Formula unduplicated count. Currently, students who qualify for free and reduced-priced meals, English learners, and homeless and foster youth are included in the unduplicated counts for supplemental and concentration funds. If AB 2774 is approved, students in the lowest academic performance category (Red on the California Schools Dashboard) for both English Language Arts and Math would also be identified for additional funding.
- AB 2158
This new law was signed by the Governor on September 13, 2022. It takes effect on January 1, 2023, and is subject to full compliance by January 1, 2026. The existing law has required members and certain employees of cities and counties to engage in two hours of ethics training “relevant” to their public service every two years. AB 2158 adds charter schools to the list of local agencies that are subject to the biennial training requirement and extends the obligation to members of charter school boards.
- Ethics laws include, but are not limited to, the following:
- Laws related to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict of interest
- Laws related to claiming perquisites of office, including but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against acceptance of free or discounted transportation by transportation companies
- Government transparency laws, including but not limited to, financial interest disclosure requirements and open government laws
- Laws related to fair processes, including but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members
- The Fair Political Practices Committee and the Attorney General must be “consulted” in connection with the development of course materials
- Charter schools must provide their officials with information on how they can meet the training requirements at least once annually
- Charter schools must maintain records for at least five years after the training was provided indicating:
- The dates that officials satisfied the training requirements and
- The entit(ies) that provided the training
- Not applicable to board members whose terms will expire before January 1, 2026
- All other board members seated as of January 1, 2025, must receive the required training by January 1, 2026, and retrain at least once every two years thereafter
- Applies to [a]n employee designated by a local agency governing body to receive the training specified in the agency’s conflict of interest policy/code
- Ethics laws include, but are not limited to, the following:
- AB 2449
AB 2449 was signed into law on September 13 and takes effect January 1, 2023. This law amends the Brown Act teleconferencing rules to allow relaxed teleconferencing requirements for members’ personal emergencies and for just cause. Allows teleconferencing without any obligation to identify the teleconferencing location on the agenda or allow public access to the teleconferencing location. The member must participate through both audio and visual technology.
- Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
- Just Cause means any of the following:
- A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely
- A contagious illness that prevents a member from attending in person
- A need related to a physical or mental disability as defined in law and not otherwise accommodated
- Travel while on official business of the governing board or another state or local agency.
- Teleconferencing is available under these rules where one of the following circumstances applies:
- The member notifies the governing board at the earliest opportunity possible, up to the start of a regular meeting, for just cause up to twice per calendar year
- The member requests to participate in the meeting remotely due to emergency circumstances and the governing board takes action to approve the request.
- A general description of an item generally need not exceed 20 words (no need to disclose medical diagnosis or disability, or any personal medical information that is already exempt under existing law
- State Board of Education Meeting The State Board of Education (SBE) met on September 14 and 15, 2022, and the agenda included two appeals of charter petition denials. The first was for Caliber: High School (CHS). The second was for Mayacamas Charter Middle School (MCMS). The SBE took action on both. Video of both days is available at SBE Meeting Webcasts. Item 9 for CHS occurred on September 14 and Items 11 and 12 for MCMS were on September 15.
- Charter 20 Day Attendance Report Charter schools must complete the 20 Day Report in order to receive the charter school special advance apportionment. This is done pursuant to Education Code (EC) 47652 and in conjunction with the Pupil Estimates for New or Significantly Expanding Charters (PENSEC) report. The report is due to the California Department of Education (CDE) by October 31, 2022. This form has multiple layers of approvals which must all be completed by October 31.
- Unaudited Actuals Reporting unaudited actuals is the process of closing out the previous fiscal year accounts and preparing a report to submit for auditing. Charter schools that do not report in the Standardized Account Code Structure (SACS) format must use the Alternative Form. Unaudited actuals must be completed by charter schools and submitted to their authorizing agencies by September 15, 2022. Authorizers then review and need to submit the forms to their county offices for review, who will then submit the forms to the CDE by October 15, 2022.
- 2022–23 Charter School Authorizer Connection Workshops The San Diego COE, San Bernardino COE, and Fresno COE have collaborated to create a series of trainings for authorizers. Visit 2022–23 Charter School Authorizer Connection Workshop Registration to register and for more information.
- Annual Report and Site Visit Resources CASI’s April 2022 Quarterly Regional Training focused on annual site visits and reports. For comprehensive resources from CASI subgrantees Santa Clara COE and the California Charter Authorizing Professionals (CCAP) , please visit the CASI April Quarterly Regional Training Resources web page.
Does a County Office of Education (COE) need a community impact report for appeals?
This is determined by the type of appeal:
- A. New Petition (Education Code [EC] 47605): If the appeal is for a new petition, then yes, as the COE is performing a “de novo” or fresh look review of the petition and community impact is one of the criteria available as grounds of denial, then the COE could use failure to serve the community as a whole as a ground for denial. As a result, a community impact analysis considering the fiscal impact of the charter school would be necessary, as well as the following:
- i. The extent to which the proposed charter school would substantially undermine the existing services, academic offerings, or programmatic offerings.
- ii. Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
- B. Renewals (EC 47607): Pursuant to EC 47607(a)(4) the findings of a community impact analysis shall not be used to deny a renewal of an existing charter school, but may be used to deny a proposed expansion constituting a material revision. For a material revision, the community impact analysis shall be limited to consideration only of the impact of the proposed material revision.
Are there any potential consequences for a charter that does not turn in or post their Local Control and Accountability Plan (LCAP) on time?
No. However, failure to submit or post their LCAP may be the subject of a letter of concern or a notice to cure.
Are there material revision criteria beyond Education Code (EC)?
No, but authorizers may include or further define these criteria in board policy and in the Memorandum of Understanding (MOU). A good example of the further defining of material revision criteria is Los Angeles Unified School District (LAUSD) .
Would a community impact report start with the District or the County?
As both the District (initial petition review) and the County Office (on appeal of a denial review) are conducting “de novo” or fresh look reviews, per EC 47605, if the District and/or County are considering utilizing the community impact as part of their decision for denial, then each must conduct the review regardless of whether the other entity conducted that review. These decisions are separate from each other. Additionally, see the response to “Previous Charter Chat Questions” Item 1.
Where can I go for support regarding the California Statewide Assignment Accountability System (CalSAAS)?
The California Department of Education is hosting Teacher Assignment Data Rollout Office Hours via Zoom every Thursday from 9–10 a.m., starting September 15, 2022, through October 27, 2022. Register in advance.
Are County Offices of Education (COEs) required to collect Comprehensive School Safety Plans (CSSP) from all charter schools located in their county (including those that may be authorized by a school district)?
Per the California Department of Education Health and Safety Office, Education Code (EC) 32288 holds that COEs and school districts must review and approve CSSPs for schools under their jurisdiction. It is a sound practice for a COE to request that all districts certify that their schools are compliant; however, it is not yet required. Each school district or COE shall annually notify the department by October 15 of any schools that have not complied with EC 32281. See AB 1747 from 2018 for more details on CSSP requirements.