CASI June 2023 Charter Chat Resource Page
Information and resources from the June 2023 Charter Chat, presented by the Charter Authorizer Support Initiative (CASI).Charter Chat Topics
- Input on Scheduling of 2023 California Charter Authorizing Professionals
- Legislative Updates
- Program Hot Topics
- Fiscal Hot Topics
- State Board of Education Updates
- Upcoming Events
- Q&A from Previous Charter Chats and CASI Email
Input on Scheduling of 2023 California Charter Authorizing Professionals
Many CASI participants attended the California Charter Authorizing Professionals (CCAP) 2023 California Charter Authorizers Conference in Palm Springs, and/or the CASI pre-conference workshop on Charter Authorizing and Oversight 101. Whether or not you made it this year, if you are interested in the 2024 Conference, CCAP is requesting your input on your preferences for the month to schedule the conference and its location. For example, June 2024 is the top choice, but some authorizers indicated that June can be difficult because of budget and Local Control and Accountability Plan (LCAP) processes and meetings.
Please submit your input using the CCAP 2023 Conference Evaluation Form
. If you indicate that you did not attend this year, the form will skip the conference evaluation questions and go to the questions about the 2024 Conference.
Legislative Updates (As of June 28, 2023)
The Budget Trailer Bills (Senate Bill [SB] 114
, Assembly Bill [AB] 114
) have been released as of June 24, 2023, and include the following proposed legislation regarding charter schools:
- One-year extension on charter terms (Education Code [EC] Section 47607.4)
- One-year extension on nonclassroom-based (NCB) moratorium until 2026 (EC Section 47612.7)
- Abuse of Discretion (EC Section 47605)
- a. Defines the standard as the most deferential standard for review in favor of districts and county offices of education (COEs)
- b. Restricts appeals to the State Board of Education (SBE) only if both district and COE abused their discretion
- Mandates a study of NCB charter school funding by the Legislative Analyst Office (LAO) and the Fiscal Crisis and Management Assistance Team (FCMAT) to study the process to include recommendations for enhancing oversight and reducing fraud, waste, and abuse. (EC Section 47612.7)
- LCAP mid-year reports required by February 28 for all local educational agencies (LEAs) regarding actions and expenditures (EC Section 47605.5)
The Budget Trailer Bills passed both houses and were sent to the Governor for signature on June 27, 2023.
Revised Education Code, which will take effect on July 1, 2023, is summarized on the table below.
| Education Code | Previous Text | Revised Text |
|---|---|---|
| Section 47605 | (E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion. If the denial of a charter petition is reversed by the state board, the state board 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. | (E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of |
| Section 47606.5 | (e) The charter school shall consult with teachers, principals, administrators, other school personnel, parents, and pupils in developing the local control and accountability plan and annual update to the local control and accountability plan. | (e) (1) The charter school shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing body of the charter school. (2) The report shall include both of the following: (A) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan. (B) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan. |
| Section 47607.4 | 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. | 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, and all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, shall have their term extended by one additional year. |
| Section 47612.7 | (a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2025, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited. and (d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. |
(a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2026, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited. and (d) (1) No later than October 1, 2023, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall study the processes used to determine funding for nonclassroom-based charter schools. |
Please continue to monitor the Budget Trailer Bills for final statutory language.
Below are summaries of bills CASI is currently monitoring.
- Assembly Bill (AB) 533 (Fong)
This bill proposes to change EC Section 47605 to allow charters to appeal directly to county offices within 30 days if the district fails to take action within statutory timelines. This bill stalled, but it is a two-year bill.
- AB 984 (McCarty)
This bill recommends adding the completion of a semester course in personal finance to the graduation requirements for 2028–29 for all schools. It was amended May 1, 2023, and passed. It was re-referred to Appropriations with a recommendation to add to the consent calendar. The bill was amended to add personal finance to current economics course requirements for graduation rather than include another course subject. It passed the Education committee on the Assembly Floor, but was placed in inactive file by the author.
- AB 1054 (Berman)
This bill would require the governing boards of districts and charter schools to adopt, based on a particular timeline, a plan to offer a computer science class for grades 9–12 which would teach students how to use a computer and why a computer works as well as increase the underserved populations in joining the computer science profession. Schools would need to annually submit data to the California Department of Education (CDE) on the computer science class, including the content standards covered, the demographics of the students and the demographics and credentials of the teachers. The bill passed the Education Committee, passed the Assembly, and was ordered to the Senate. It is currently in the Senate Education Committee and has been amended to include updated statistical information for 2023. It has been re-referred to the Education Committee.
- AB 1299 (Jackson)
This bill would require all schools to have police officers who report to the principal and makes it a reason for denial of a charter school if police officers are not included in the charter safety plan. This bill is in the committee process and it was re-referred to the Education Committee on April 3, 2023. However, it did not meet the deadline to get out of committee and is stalled in committee.
- AB 1555 (Quirk-Silva)
This bill would extend the credential requirements for transitional kindergarten from August 1, 2023, to August 1, 2028. This bill was amended April 19, 2023, to change the extension to August 1, 2025, instead of 2028. It passed out of committee to the Assembly floor on consent and then passed from the Assembly to the Senate on April 27, 2023. As of June 7, 2023, the bill passed the Senate Education Committee and was re-referred to Appropriations where it passed Senate Appropriations. It was ordered to the Senate floor for the second reading and ordered to the consent calendar for June 27, 2023.
- Senate Bill (SB) 10 (Umberg/Cortese)
This bill would require opioid overdose training and prevention be included in the safety plans for all schools. This bill moved out of suspense, passed from Appropriations, passed the Senate and moved to the Assembly and ordered to committees on Education and Health.
- SB 426 (Niello)
This bill recommends changing the name of NCB charters to “flex-based instruction” and defines a “flex-based charter school” as a charter school that receives a determination for funding from the State Board. The bill would expand the description of flex-based instruction to include, but not be limited to, part-time classroom instruction, personalized learning, hybrid, career-focused, college-ready, adult reengagement, constructivist, content-focused, and synchronous or asynchronous distance and computer-based education, or any combination of these types of instruction. The bill moved to Appropriations, passed Appropriations, but did not move out of the Senate. This bill is no longer active.
- SB 739 (Alvarado-Gil)
This bill would amend EC Section 47607.2, clarifying that a chartering authority is only required to consider “verified data” if it is provided by the charter school. The bill also amends EC Section 47607.4 to extend the renewal process and criteria effective July 1, 2021, requiring all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, to have their term extended by one additional year. This bill was amended to one year and no verified data extension, re-referred to Appropriations, passed Appropriations on Rule 28.8, passed the Senate, and moved to the Assembly. This bill’s language is now included in the Budget Trailer Bill.
- SB 810 (Alvarado-Gil)
This bill originally proposed to create attendance and credential exceptions for “at-promise” charter schools. The bill was amended on April 17, 2023, to reinstate credential requirements. The bill now simply defines “at-promise” charter schools. The first hearing was to take place on April 26, 2023, but was canceled at the request of the author. This bill died in committee.
- To follow current legislation at the California Legislative Information
website:
- Under "Quick Bill Search," select either "Bill Number" or "Keyword(s)"
- Enter the bill number or keyword, respectively
- Once the desired bill is located, click "Add to My Favorites." This will prompt the user to create a profile and receive email updates on the status of the desired bill.
Program Hot Topics
- Local Control and Accountability Plan (LCAP) All LEAs are required to submit an approved LCAP by July 1 each year to their authorizer and to the local COE, unless the COE is the authorizer. The 2023–24 LCAP must follow the approved template and include the following items assembled into one document in the following order:
- Budget Overview for Parents
- Plan Summary, Engaging Educational Partners
- Goals and Actions
- Increased or Improved Services for Foster Youth, English Learners, and Low-Income Students
- Action Tables
- Instructions
- How are LCAPs reviewed by authorizers?
Most authorizers review the LCAP to determine (1) the correct template is used, and (2) all the components of the document are present in the correct order. Some authorizers also use the California County Superintendents LCAP review form (for district LCAPs) to provide feedback to the charter schools, as Charter School LCAPs are approved by their governing boards. Additionally, Maricopa Unified School District recommends the following LCAP review checklist tools
, which were modified from templates provided by Kern COE. - Planning for Next Year Charter authorizing staff should prioritize the following tasks in preparation for next year:
- Prepare the annual document requests—Update your list of documents and your files for the coming year (including fiscal). Create a tickler system for yourself or find a project management software that will manage the document submission process for you (e.g., Epicenter, Canvas, Document Tracking Service [DTS], or Monday.com).
- Create a calendar of events—Include your annual visit schedule and consider the process and procedures for conducting site visits for the coming year. A sample calendar can be found at 2023–24 Santa Clara County Office of Education (SCCOE) Charter Schools Department Calendar
(PDF).
- Review your Memorandum of Understanding (MOU)—Make sure what was promised was delivered and see if there is anything which might need to be updated or addressed due to any new laws that take effect July 1.
- Update Annual Report Template, if the authorizer uses one, to reflect new laws that have come into effect since the prior year.
Fiscal Hot Topics
- LCAP Process The California County Superintendents during their LCAP Training provided a helpful 2023–24 Budget Overview, LCAP, and Budget Aligning Infographic Crosswalk
that describes the relationship of the financial information between the Adopted LCAP’s Budget Overview for Parents, LCAP Action Tables, Adopted Budget Alternative Form template (or SACS Form 01), and the Adopted Budget FCMAT Local Control Funding Formula (LCFF) Calculator. The SCCOE fiscal team found this resource useful because it gives a quick summary of the California County Superintendents LCAP review form
.
- Fiscal Planning for Next Year Similar to the Program Team, the Fiscal Team is currently preparing for the upcoming year’s fiscal oversight responsibilities. Please refer to the 2023–24 SCCOE Charter Schools Department Calendar (PDF) for a sample of fiscal documents the SCCOE collects as part of our fiscal oversight responsibilities.
State Board of Education Updates
- The June Advisory Commission on Charter Schools (ACCS) meeting was held on June 13, 2023.
- At its May 18–19, 2023 meeting, the SBE reviewed and adopted an Updated List of Valid and Reliable Assessments, which added 10 additional assessments to the Verified Data list, approved nonclassroom-based funding determinations, and voted to issue a Notice of Intent to Revoke to the SBE-approved TIME Community School. The TIME Community School subsequently decided to voluntarily relinquish its charter, effective June 2023.
Upcoming Events
| Event Date | Event and Registration Information |
|---|---|
July 26, 2023 10 to 11 a.m. |
Charter Chat Q&A
Previous Charter Chats and CASI Email
Any opinion or comment on the Levine Conflict of Interest Act?
Senate Bill (SB) 1439 made the law applicable to district and county board members, who need to be aware of its requirements as to political campaign contributions and board decisions on licenses, permits, or other entitlements for use, including contracts. This would include, for example, charter school petitions and contributions that board members may have received or may receive from proponents or opponents of a petition. Although the new requirements are being challenged in court, they became effective on January 1, 2023.
Here is a summary of the requirements by Best, Best, and Krieger, Attorneys at Law, entitled, “Local Governing Board Members Will Now Have Conflict of Interest in Campaign Donors Appearing Before Their Agencies”:
“The Levine Conflict of Interest Act is part of the Political Reform Act and was expanded to local elected officials as part of Senate Bill (SB) 1439 which was signed into law and became effective January 2023. Essentially, local elected officials - including city council members, special district board members and school district board members - will now have to “conflict out” of certain proceedings involving persons that made contributions to their respective political campaigns. The Levine Act will now impose two key duties on city council and district board members. First, it will prohibit accepting, soliciting or directing a campaign contribution of $250 if the donor is involved in a proceeding involving a license, permit or other entitlement for use, including a contract award, that is pending before the agency for 12 months following the proceeding. Second, the Levine Act will now require city council and district board members to recuse themselves from any proceeding involving a license, permit or other entitlement for use, including a contract award, if the member has received a campaign contribution from a person involved in the proceeding within the previous 12 months.
“In light of SB 1439, both elected and appointed officials of a local government agency must therefore do all of the following:
- Disclose. Before participating in any decision in a proceeding involving a license, permit or other entitlement for use (including certain contracts), an officer who received a contribution over $250 in the preceding 12 months from a party or any participant in the proceeding must disclose that fact on the record.
- Recuse. If the officer knows or has reason to know that the party or participant who made the contribution has a financial interest in the decision, the officer must not make – or participate in making – the decision.
- Or Return. If the officer returns the contribution within 30 days from the time the officer knows or should have known about the contribution and relevant proceeding, the officer may participate in the decision.
- Refuse. While the proceeding is pending for 12 months after a final decision is rendered, an officer must not accept, solicit or direct a contribution of more than $250 from the party or participant if the officer knows or has reason to know the party, participant or the party’s or participant’s agent has a financial interest in the decision.
- Or Return. If an officer accepts, solicits or directs a contribution of more than $250 during the 12 months after the date a final decision is rendered in the proceeding, the officer may cure the violation by returning the contribution, or the portion of the contribution that exceeds $250, within 14 days of accepting, soliciting or directing the contribution, whichever comes latest. This opportunity to cure is only available if the officer did not knowingly and willfully accept, solicit or direct the prohibited contribution and the officer or officer’s controlled committee keeps a record of curing the violation.
- Or Return. If an officer accepts, solicits or directs a contribution of more than $250 during the 12 months after the date a final decision is rendered in the proceeding, the officer may cure the violation by returning the contribution, or the portion of the contribution that exceeds $250, within 14 days of accepting, soliciting or directing the contribution, whichever comes latest. This opportunity to cure is only available if the officer did not knowingly and willfully accept, solicit or direct the prohibited contribution and the officer or officer’s controlled committee keeps a record of curing the violation.
“SB 1439 presents a significant change for local elected officials because campaign donations previously did not give rise to a conflict of interest and the Levine Act did not apply to the agencies that officials were elected to represent. Thus, elected officials will need to be aware of these new “refuse and recuse” requirements.
“The Levine Act is located at Government Code Section 84308
. If you have any questions regarding the applicability of this law, please contact your city attorney or agency counsel. Additional information is available at Fair Political Practices Commission: 2023 Changes to Section 84308
(PDF).”
Are Local Control and Accountability Plan (LCAP) Addendums required for those schools receiving Title I funding?
The LCAP, with the LCAP Federal Addendum (Addendum), can serve as the School Plan for Student Achievement (SPSA) for schools receiving federal funds. Additional guidance is available at LCAP Federal Addendum.
To receive initial funding under the Every Student Succeeds Act (ESSA), a local educational agency (LEA) must have a plan approved by the state educational agency on file with the State. Within California, LEAs that apply for ESSA funds for the first time are required to complete the LCAP, the Addendum Template, and the Consolidated Application (ConApp). The LCAP, in conjunction with the Addendum and the ConApp, serve to meet the requirements of the ESSA LEA Plan.
Is there any information on the verified data updates?
The California Department of Education (CDE) Verified Data Frequently Asked Questions have been updated as of June 6, 2023, and include all of the updates on verified data from the State Board of Education (SBE) May 2023 Meeting. Additional verified data resources can be found at Verified Data.
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