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Temporary Prohibition on New NCB Charter Schools

Information regarding the temporary prohibition on the establishment of new nonclassroom-based (NCB) charter schools.

California Education Code (EC) Section 47612.7 provides that from January 1, 2020, to January 1, 2025, 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. This section was initially added by Assembly Bill 1505 [Chaptered 486, Statutes of 2019], which was approved by the Governor on October 3, 2019, and then amended by AB 130 Section 58 [Chaptered 44, Statutes of 2021], which was approved by the Governor on July 9, 2021.

This legislation 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:

  • The 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 EC Section 47605.1, or to retain current program offerings or enrollment.
  • The 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. EC Section 47612.7 cannot be waived by the State Board of Education.

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Questions:   Charter Schools Division | charters@cde.ca.gov | 916-322-6029
Last Reviewed: Monday, October 10, 2022
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