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Charter Update #2

Released by the Charter Schools Division on July 21, 2021.

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Assembly Bill 130

Assembly Bill 130 [Approved by Governor on July 09, 2021] extends the terms of all charter schools whose terms expire on or between January 1, 2022, and June 30, 2025, inclusive, by two years. Additionally, AB 130 bill extends the prohibition on the approval of a petition for the establishment of a new charter school offering nonclassroom-based instruction by three years, to January 1, 2025.

Charter School Renewal Terms

Section 58 of AB 130 added California Education Code (EC) Section 47607.4, which provides the following:

Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years.

The below table summarizes charter schools’ extended terms, pursuant to this section:

Previous Charter Term Expiration Date New Charter Term Expiration Date
June 30, 2022
June 30, 2024
June 30, 2023
June 30, 2025
June 30, 2024
June 30, 2026
June 30, 2025
June 30, 2027

Note, this extension does not apply to charter schools whose term expired on June 30, 2021, and who were renewed or non-renewed.

No action is required of charter authorizers or charter schools for this extension. EC Section 47607.4 does not preclude charter authorizers from invoking revocation procedures, pursuant to EC Section 47607.

Temporary Prohibition on New Nonclassroom-Based Charter Schools

Section 59 of AB 130 extended the prohibition on the approval of a petition for the establishment of a new nonclassroom-based charter school. Previously, pursuant to AB 1505 [Approved by Governor on October 03, 2019], the prohibition spanned from January 1, 2020, to January 1, 2022. However, AB 130 amended EC Section 47612.7, extending the prohibition on the approval of a petition for the establishment of a new nonclassroom-based charter school to January 1, 2020, to January 1, 2025. Additional information regarding this subject is available at Temporary Prohibition on New NCB Charter Schools.

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Alternative Metrics for DASS Schools

The California Department of Education (CDE) reminds chartering authorities and Dashboard Alternative School Status (DASS) schools that EC Section 47607(c)(7), requires chartering authorities and DASS schools to meet and discuss the alternative metrics to be considered for renewal during the first year of the school’s term.

EC Section 47607(c)(7) specifically provides the following:

In determining whether to grant a charter renewal for such a charter school, the chartering authority shall consider, in addition to the charter school’s performance on the state and local indicators included in the evaluation rubrics adopted pursuant to subdivision (c) of Section 52064.5, the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served. The chartering authority shall meet with the charter school during the first year of the charter school’s term to mutually agree to discuss alternative metrics to be considered pursuant to this paragraph and shall notify the charter school of the alternative metrics to be used within 30 days of this meeting. The chartering authority may deny a charter renewal pursuant to this paragraph only upon making written findings, setting forth specific facts to support the findings, that the closure of the charter school is in the best interest of pupils.

The CDE strongly encourages timely meetings between charter authorizers and DASS schools, including those approved and in operation prior to the passage of AB 1505, to discuss the alternative metrics to be considered for charter renewals.

As renewals of all charters have been extended for two years, pursuant to EC Section 47607.4, the CDE encourages DASS schools and charters authorizers to initiate discussions on which assessments will be used as alternative metrics.

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Appeals to the State Board of Education

Pursuant to EC Section 47605(k)(2)(A), the following documentation is required to be submitted by the petitioner to the State Board of Education (SBE) within 30 days of denial by a local educational agency:

Establishment Appeals

  • 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

Resources and Submission Information

The CDE developed the following forms to assist petitioners in the submission process of appeals to the SBE. The use of the below forms is optional but highly encouraged; use of the below forms will assist CDE staff in timely processing and reviewing appeal submissions:

  • SBE Appeal Review Petitioner Checklist
  • SBE Appeal Review Table 1
  • SBE Appeal Review Table 2

All appeal documentation should be submitted to the CDE via email at charterappeals@cde.ca.gov. Detailed information regarding the appeal submission process is available at State Board of Education Appeals.

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Public Charter Schools Grant Program

The Charter Schools Division (CSD) has awarded the Public Charter Schools Grant Program (PCSGP) Start-up Sub-grant to 14 new charter schools in their planning and implementation phases from the Fiscal Year 2020 Request for Applications (RFA). Funding results can be found at 2020–21 PCSGP. The next PCSGP Start-up RFA is anticipated for release this fall to support planning and implementation for new charter schools, or the expansion and replication of high-quality existing charter schools.

Additionally, CSD is excited to announce three new PCSGP Technical Assistance sub-grants. Charter School Authorizer (CSA) Technical Assistance Providers (TAP) sub-grants will provide funding for technical assistance to strengthen charter petition review and charter school oversight and monitoring, as well as the development of Rural Charter School Authorizer Networks. School site level technical assistance will be offered through regional Critical Friends Group (CFG) Coaches sub-grants and Best Practices Workshops (BPW) sub-grants. The CSD expects to announce details of these three Technical Assistance sub-grants and their RFAs in the coming weeks:

Charter School Authorizer Technical Assistance Providers

  • Total Funding $726,000: Two (2) sub-grants at approximately $363,000 each, over three fiscal years pending No Cost Extension (NCE).
  • Eligible Applicants: County Offices of Education, School Districts, non-profit Charter Authorizer Support Associations
  • CSA TAP sub-grantees will provide regional technical assistance workshops to charter school authorizers in order to improve practices for reviewing charter petitions, renewal requests, revocations, and monitoring charter school performance. Additionally, CSA TAP sub-grantees will assist with the development of a Rural Charter School Authorizer Network to manage charter school oversight responsibilities for rural authorizers.

Best Practices Workshops

  • Total Funding $694,000: Six (6) sub-grants at approximately $115,666 each, over three fiscal years pending NCE.
  • Eligible Applicants: County Offices of Education, School Districts, Charter Schools and Non-Charter Schools, non-profit Charter School Support Organizations
  • BPW sub-grantees will provide multiple full-day regional technical assistance workshops to charter and non-charter schools on targeted topics to improve academic achievement for all students in California.

Critical Friends Groups Coaches

  • Total Funding $600,000: Five (5) sub-grants at approximately $120,000 each, over three years pending NCE.
  • Eligible Applicants: County Offices of Education, School Districts, Charter Schools and Non-Charter Schools, non-profit Charter School Support Organizations
  • CFG sub-grantees will become certified CFG coaches in order to establish regional CFGs with the goal of developing high-quality charter schools through group discussion, collaboration, and site visits.

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Questions:   Charter Schools Division | charters@cde.ca.gov | 916-322-6029
Last Reviewed: Monday, July 26, 2021
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