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State Board of Education Appeals

Information regarding the submission of appeal petitions to the State Board of Education.

Assembly Bill 1505 [Chaptered 486, Statutes of 2019] makes a number of changes to the process for the submission of petitions for charter schools to school districts, county boards of education, and the State Board of Education (SBE). A summary of these changes is detailed in the Charter School Legislation Updates: Assembly Bill 1505 and AB 1507 (DOCX; Posted 31-Oct-2019) information memoranda.

The information presented on this web page pertains specifically to the submission of appeal petitions to the SBE that have been denied by both the district and the county.

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Establishment of a Charter School

Pursuant to California Education Code (EC) Section 47605(k)(1)(A)(i), if the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. Pursuant to EC Section 47605(k)(2), if the county board of education denies a petition, the petitioner may appeal that denial to the SBE.

Required Documentation for Establishment Appeal

The documentation required to be submitted to the SBE for the appeal of the establishment of a new charter school is detailed in the following table. The pertinent section of EC is cited. Also included in the below table is the timeframe by which the appeal documentation must be submitted to the SBE.

Action Timeframe Required Documents Optional Documentation
Petitioner may choose to file an appeal, per EC Section 47605(k)(2)(A) Within 30 days of denial by the county board of education
  • Charter petition, as denied
  • Findings by the district
  • Documentary record from the district
  • Findings by the county
  • Documentary record from the county
  • Written submission with citations to the record detailing the basis for its appeal
Governing board of the school district and/or county board of education may file an opposition, per EC Section 47605(k)(2)(C) Within 30 days of receipt of the appeal submitted to the SBE Supporting documentation or evidence from the documentary record Written opposition with citations to the record along with any additional documentation or evidence considered by the district and/or county to describe how it did not abuse its discretion in denying the charter petition.


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Renewal of an Existing Charter School

Pursuant to EC sections 47607.5 and 47605(k), when the governing board of a school district does not grant a charter school’s petition for renewal, the charter school may submit a petition for renewal to the county board of education within 30 calendar days after the denial by the governing board of the school district. If there is no independent county board of education, or if the appeal is from an SBE-authorized charter school seeking its first renewal after July 1, 2020, the appeal may be filed directly with the SBE.

When a county board of education does not grant a renewal, the charter school may submit a petition for renewal to the SBE within 30 calendar days.

Renewals of charters are governed by the standards and criteria described in EC sections 47607 and 47607.2, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.

Required Documentation for Renewal Appeal

Pursuant to EC sections 47607 and 47607.2, a petition for renewal shall include all of the following and shall be considered received when all of the following are submitted to the SBE:

Action Timeframe Required Documents Optional Documentation
Petitioner may choose to file an appeal, per EC Section 47605(k)(2)(A) Within 30 days of denial by the county board of education
  • Charter petition for renewal, as denied^
  • Findings by the district and evidence of denial
  • Documentary record from the district
    • Charter school’s state performance levels on the state rubrics for the preceding two years^^
    • Verified data demonstrating measurable increases in academic achievement or strong postsecondary outcomes^^^
  • Written submission with citations to the record detailing the basis for its appeal
  • Findings by the county and evidence of denial
  • Documentary record from the county
    • Charter school’s state performance levels on the state rubrics for the preceding two years^^
    • Verified data demonstrating measurable increases in academic achievement or strong postsecondary outcomes^^^
  • Written submission with citations to the record detailing the basis for its appeal
Governing board of the school district and/or county board of education may submit an opposition, per EC Section 47605(k)(2)(C) Within 30 days of receipt of the appeal submitted to the SBE Supporting documentation or evidence from the documentary record Written opposition with citations to the record along with any additional documentation or evidence considered by the district and/or county to describe how it did not abuse its discretion in denying the charter petition.


^A copy of the renewal charter petition, as denied, including a reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed. The signature requirement set forth in EC Section 47605(a) and the findings of EC sections 47605(c)(7) and (8) are not applicable to a petition for renewal.

^^The charter school’s performance levels on the state rubrics for the two years preceding the renewal petition, reflecting which renewal path the charter school qualifies for under EC sections 47607(c)(2), 47607(c)(7), 47607.2(a), or 47607.2(b).

^^^A charter school being considered for renewal under EC sections 47607.2(a) and 47607.2(b) must also provide verified data demonstrating either measurable increases in academic achievement or strong postsecondary outcomes.

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Submission of an Appeal

The appeal petition must be submitted in Microsoft Word format. Supporting materials and/or appendices may be submitted in Portable Document Format (PDF).

All documentation should be submitted electronically to the Charter Schools Division (CSD) via email at CharterAppeals@cde.ca.gov. If documents are too large to be sent via email, contact the CSD and alternate upload arrangements will be made.

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Deadlines to be Heard at State Board of Education Meetings

Appeals submitted within the 30-day timeline, as required by EC Section 47605(k), will be agendized according to the table below. This provides sufficient time for CSD staff to thoroughly review and analyze all appeal documents as well as allows the petition to be heard first at the Advisory Commission on Charter Schools meeting occurring the month before each SBE meeting.

SBE Meeting Dates Timeline for Receipt of Documentation to the CDE
March 17–18, 2021 December 1, 2020
May 12–13, 2021 January 25, 2021
July 14–15, 2021 March 29, 2021
September 9–10, 2021 June 1, 2021
November 3–4, 2021 July 26, 2021


Note: All appeal documents are due to the CSD by 4 p.m. on the dates indicated in the above table. Appeal documents received after 4 p.m. on any due date will be reviewed and analyzed for the subsequent SBE meeting (i.e., if appeal documents are received after 4 p.m. on December 1, 2020, the petition will not be heard at the March SBE meeting and will instead be heard at the May SBE meeting).

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Delegation of Oversight

AB 1505 specifies that if the SBE grants a petition to establish a new charter school or to renew a charter school, it must designate, in consultation with the petitioner, chartering authority to either the governing board of the school district or county board of education where the charter school is located.

The law specifies that current SBE-authorized charter schools continue to operate under SBE oversight until their charter term expires. At that time, if the schools are renewed by the SBE, then the SBE must delegate, in consultation with the charter school, chartering authority to the applicable district or county.

These EC sections cannot be waived by the SBE.

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Return to Oversight of SBE Authorized Charter Schools

Questions:   Charter Schools Division | charterappeals@cde.ca.gov | 916-322-6029
Last Reviewed: Thursday, November 19, 2020