Temporary Prohibition on New NCB Charter SchoolsInformation regarding the temporary prohibition on the establishment of new nonclassroom-based (NCB) charter schools.
California Education Code (EC) Section 47612.7(a) provides that from January 1, 2020, to January 1, 2026, inclusive, the approval of the petition for the establishment of a new charter school, as defined by EC Section 47612.5(e)(2), is prohibited.
EC Section 47612.7(a) does not apply to a nonclassroom-based charter school that was granted approval and started serving pupils prior to October 1, 2019, under either of the following circumstances:
- If a charter school is required to submit a petition to the governing board of a school district or county board of education in an adjacent county in which its existing resource center is located in order to comply with Section 47605.1 or to retain current program offerings or enrollment.
- If a charter school is required to submit a petition to a school district or county board of education in which a resource center is located in order to comply with the court decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262, or other relevant court ruling, and the petition is necessary to retain current program offerings or enrollment.
- A charter school authorized by a different chartering authority pursuant to paragraphs (1) and (2) shall be regarded by the department as a continuing charter school for all purposes to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 United States Code Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
Notwithstanding Section 33050 or any other law, the California State Board of Education shall not waive the restrictions described in this section.
This Section was initially added by Assembly Bill 1505 [Chapter 486, Statutes of 2019], which was approved by the Governor on October 3, 2019, and then amended by AB 130 Section 58 [Chapter 44, Statutes of 2021], which was approved by the Governor on July 9, 2021. This Section was amended again by Senate Bill 114 Section 44 [Chapter 48, Statutes of 2023] and was approved by the Governor on July 10, 2023.
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