California State Board of Education Appeals

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• Background
• Appeal for the Establishment of a Charter School
• Appeal for the Renewal of an Existing Charter School
• Appeal for the Renewal of a California State Board of Education-Authorized Charter School
• Submission Deadlines
• Frequently Asked Questions

Background

The information presented on this web page pertains specifically to the submission of charter school appeals to the California State Board of Education (SBE) that have been denied by the governing board of a school district and/or a county board of education.

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Appeal for the 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.

Appeal Documentation

The documentation required to be submitted by the petitioner and the governing board of the school district and/or county board of education, to the SBE for the appeal of the establishment of a new charter school is detailed below:

Petitioner

Pursuant to EC Section 47605(k)(2)(A), the petitioner shall submit the petition to the SBE within 30 days of denial by the county board of education. The petitioner shall include the following:

1. Written submission detailing how the governing board of the school district and the county board of education abused their discretion and including specific citations to the documentary record that demonstrate an abuse of discretion
2. Findings from the governing board of the school district
3. Documentary record from the governing board of the school district
   • Including a copy of the charter petition that was reviewed by the governing board of the school district
4. Findings from the county board of education
5. Documentary record from the county board of education
   • Including a copy of the charter petition that was reviewed by the county board of education
6. Charter petition, as denied by the governing board of the school district and the county board of education

The California Department of Education (CDE) created the SBE Appeal Review Petitioner Checklist (PDF) to assist petitioners in meeting the aforementioned documentation requirements. The use of this document is not required but is highly encouraged.

Governing Board of the School District and/or County Board of Education

Pursuant to EC Section 47605(k)(2)(C), within 30 days of receipt of the appeal submitted to the SBE, the governing board of the school district and/or the county board of education may submit a written opposition detailing, with specific citations to the documentary record, how the governing board of the school district and/or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district and/or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district and/or the county board of education with their written opposition.

Delegation of Oversight

If the denial of a charter petition for the establishment of a new charter school is reversed by the SBE, pursuant to EC Section 47605(k)(2)(E), the SBE shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority, pursuant to the aforementioned EC Section. This EC Section cannot be waived by the SBE.

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Appeal for the Renewal of an Existing Charter School

Pursuant to EC sections 47607.5 and 47605(k)(1)(A)(i), if 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.*

Pursuant to EC Section 47605(k)(2), if the county board of education does not grant the charter school's petition for renewal, the charter school may appeal the decision to the SBE.

* If there is no independent county board of education, the petition for renewal may be filed directly with the SBE. Refer to Renewal of a California State Board of Education-Authorized Charter School for information regarding required renewal documentation to be submitted to the SBE.

Appeal Documentation

The documentation required to be submitted by the petitioner and the governing board of the school district and/or county board of education, to the SBE for the appeal of the renewal of an existing charter school is detailed below:

Petitioner

Pursuant to EC Section 47605(k)(2)(A), the petitioner shall submit the petition to the SBE within 30 days of denial by the county board of education. The petitioner shall include the following:

1. Written submission detailing how the governing board of the school district and the county board of education abused their discretion and including specific citations to the documentary record that demonstrate an abuse of discretion
2. Findings from the governing board of the school district
3. Documentary record from the governing board of the school district, which includes, but is not limited to, the following:
   • The charter school’s state performance levels on the state rubrics for the preceding two years1
   • Verified data demonstrating measurable increases in academic achievement or strong postsecondary outcomes2
   • A copy of the charter petition that was reviewed by the governing board of the school district
4. Findings from the county board of education
5. Documentary record from the county board of education, which includes, but is not limited to, the following:
   • The charter school’s state performance levels on the state rubrics for the preceding two years1
   • Verified data demonstrating measurable increases in academic achievement or strong postsecondary outcomes2
   • A copy of the charter petition that was reviewed by the county board of education

Charter petition for renewal, as denied by the governing board of the school district and the county board of education3

The CDE created the SBE Appeal Review Petitioner Checklist (PDF) to assist petitioners in meeting the aforementioned documentation requirements. The use of this document is not required but is highly encouraged.

¹ 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).

² 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.

³ 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.

Governing Board of the School District and/or County Board of Education

Pursuant to EC Section 47605(k)(2)(C), within 30 days of receipt of the appeal submitted to the SBE, the governing board of the school district and/or the county board of education may submit a written opposition detailing, with specific citations to the documentary record, how the governing board of the school district and/or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district and/or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district and/or the county board of education with their written opposition.

Delegation of Oversight

If the denial of a charter petition for the renewal of an existing charter school is reversed by the SBE, pursuant to EC Section 47605(k)(2)(E), the SBE shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority, pursuant to the aforementioned EC Section. This EC Section cannot be waived by the SBE.

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Appeal for the Renewal of a California State Board of Education-Authorized Charter School

Pursuant to EC Section 47605.9(b), a charter school operating under a charter approved by the SBE pursuant to EC Section 47605, as it read on January 1, 2019, may continue to operate under the authority of the SBE only until the date on which the charter is up for renewal, at which point the charter school shall submit a petition for renewal to the governing board of the school district within the boundaries of which the charter school is located. If the governing board of the school district denies the renewal petition, the charter school may submit the petition for renewal directly to the SBE. The SBE shall review the petition in accordance with EC Section 47605(k)(1)(B).

Appeal Documentation

The documentation required to be submitted by the petitioner to the SBE for the appeal of the renewal of an SBE-authorized charter school is detailed below:

• Charter petition, as denied by the governing board of the school district
• Charter petition appendices and attachments

Delegation of Oversight

If the SBE grants the renewal of an SBE-authorized charter school pursuant to EC Section 47607, the SBE shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority (EC Section 47605.9[b]). After the chartering authority has been designated by the SBE, the charter school will need to update its chartering authority under the California School Directory by completing the Change in Authorizing District for a Charter School Application, which is available at Application for a County-District-School Code. This EC Section cannot be waived by the SBE.

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Submission Deadlines

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

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 (ACCS) meeting occurring the month before each SBE meeting.

All appeal documents must be received by the CSD by 4 p.m. on the dates listed under the Deadline to Submit column. Appeal documents received by the CSD after 4 p.m. on any due date will be reviewed and analyzed for the subsequent ACCS and SBE meetings (e.g., if appeal documents are received after 4 p.m. on July 29, 2024, the petition will not be heard at the October 2024 ACCS and November 2024 SBE meetings and will instead be heard at the December 2024 and January 2025 SBE meetings.

* If the deadline to submit an appeal to the SBE falls on a state-celebrated holiday, the deadline to submit the appeal will be the next business day.

** ACCS meeting dates for the 2025 calendar year have not yet been determined. Once determined, all dates will be posted at ACCS Meetings.

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Frequently Asked Questions

Answers to frequently asked questions (FAQs) related to appeals to the SBE are available at State Board of Education Appeals Process FAQs.

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