PART 26.8. CHARTER SCHOOLS [47600. - 47663.]

Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1.

§§ 47600–47663 · 81 sections

CHAPTER 1. General Provisions §§ 47600–47604.5 · 12 sections
- § 47600 This part shall be known, and may be cited, as the “Charter Schools Act of 1992.”
- § 47601 It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and…
- § 47602 (a) (1) In the 1998–99 school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the 1999–2000 school year,…
- § 47603 (a) This part shall not be construed to prohibit any private person or organization from providing funding or other assistance to the establishment or…
- § 47604 (a) A charter school may elect to operate as, or be operated by, a nonprofit public benefit corporation, formed and organized pursuant to the Nonprofit Public…
- § 47604.1 (a) For purposes of this section, an “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent…
- § 47604.2 (a) For purposes of this section, “entity managing a charter school” has the same meaning as described in subdivision (a) of Section 47604.1. (b) (1) There may…
- § 47604.3 A charter school and an entity managing a charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding…
- § 47604.32 (a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under…
- § 47604.33 (a) Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only…
- § 47604.4 (a) In addition to the authority granted by Sections 1241.5 and 47604.3, a county superintendent of schools may, based upon written complaints by parents or…
- § 47604.5 The state board may, based upon the recommendation of the Superintendent, take appropriate action, including, but not limited to, revocation of the charter…
CHAPTER 2. Establishment of Charter Schools §§ 47605–47608 · 19 sections
- § 47605 (a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more…
- § 47605.1 (a) (1) Notwithstanding any other law, a charter school that is granted a charter from the governing board of a school district or county office of education…
- § 47605.2 The Delta Charter High School, located in the County of Santa Cruz, is exempt from the geographic and site limitations contained in subdivision (a) of Section…
- § 47605.3 Notwithstanding subdivision (e) of Section 47605, a charter school with a schoolsite physically located in the attendance area of a public elementary school in…
- § 47605.5 A petition may be submitted directly to a county board of education in the same manner as set forth in Section 47605 for charter schools that will serve pupils…
- § 47605.6 (a) (1) In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school…
- § 47605.7 (a) A petition for the establishment of a charter school shall not be denied based on the actual or potential costs of serving individuals with exceptional…
- § 47605.9 (a) A petition to establish a charter school under this part may be submitted only to the governing board of the school district or county office of education…
- § 47606 (a) A school district may convert all of its schools to charter schools under this part only if it meets all of the following conditions: (1) Fifty percent of…
- § 47606.2 A petition to establish a charter school shall contain, in addition to the reasonably comprehensive description of the procedures by which pupils can be…
- § 47606.3 (a) For purposes of clause (ii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 and clause (ii) of subparagraph (G) of paragraph (5)…
- § 47606.5 (a) On or before July 1, 2015, and each year thereafter, the governing body of a charter school shall hold a public hearing to adopt a local control and…
- § 47607 (a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, 47605.6, and 47606 for a period not to exceed five years. (2) A chartering authority may…
- § 47607.2 (a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal…
- § 47607.3 (a) Using an evaluation rubric adopted by the state board pursuant to Section 52064.5, and beginning with the 2025–26 school year, and every three years…
- § 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…
- § 47607.5 (a) Except for charter schools authorized pursuant to Section 47605.6, if either a school district governing board or a county board of education, as a…
- § 47607.8 The department, in consultation with the state board, shall collect data to track implementation of Chapter 486 of the Statutes of 2019 (Assembly Bill 1505 of…
- § 47608 All meetings of the governing board of the school district and the county board of education at which the granting, revocation, appeal, or renewal of a charter…
CHAPTER 3. Charter School Operation §§ 47610–47615 · 15 sections
- § 47610 A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school…
- § 47610.5 A charter school facility is exempt from the requirements of subdivision (d) of Section 47610 if either of the following conditions apply: (a) The charter…
- § 47611 (a) If a charter school chooses to make the State Teacher’s Retirement Plan available, all employees of the charter school who perform creditable service shall…
- § 47611.3 (a) At the request of a charter school, a school district or county office of education that is the chartering authority of a charter school shall create any…
- § 47611.5 (a) Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall apply to charter schools. (b) A charter school charter…
- § 47612 (a) A charter school shall be deemed to be under the exclusive control of the officers of the public schools for purposes of Section 8 of Article IX of the…
- § 47612.1 (a) Except for the requirement that a pupil be a California resident, subdivision (b) of Section 47612 shall not apply to a charter school program that…
- § 47612.5 (a) Notwithstanding any other law and as a condition of apportionment, a charter school shall do all of the following: (1) For each fiscal year, offer, at a…
- § 47612.6 (a) The State Board of Education may waive fiscal penalties calculated pursuant to subdivision (c) of Section 47612.5 for a charter school that fails to offer…
- § 47612.7 (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…
- § 47613 (a) Except as set forth in subdivision (b), a chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed…
- § 47613.1 (a) The Superintendent shall make all of the following apportionments on behalf of a charter school in a school district in which all schools have been…
- § 47614 (a) The intent of the people in amending Section 47614 is that public school facilities should be shared fairly among all public school pupils, including those…
- § 47614.5 (a) The Charter School Facility Grant Program is hereby established, and shall be administered by the California School Finance Authority. The grant program is…
- § 47615 (a) The Legislature finds and declares all of the following: (1) Charter schools are part of the Public School System, as defined in Article IX of the…
CHAPTER 4. Notice §§ 47616.5–47616.7 · 2 sections
- § 47616.5 The Legislative Analyst shall contract for a neutral evaluator to conduct an evaluation of the effectiveness of the charter school approach authorized under…
- § 47616.7 The evaluation provided for in Section 47616.5 shall include an analysis of the funding system for charter schools that offer nonclassroom-based instruction.…
CHAPTER 5. University Charter Schools §§ 47620–47626 · 6 sections
1. ARTICLE 1. University of California at Los Angeles Elementary Charter School §§ 47620–47625 · 5 sections
  - § 47620 An elementary school that has been operated by the University of California at the Los Angeles campus prior to January 1, 1994, may apply to become a charter…
  - § 47621 An elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the governing board of the local school…
  - § 47622 As an alternative to Section 47621, an elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the…
  - § 47624 If a charter is granted under this chapter, the University of California shall continue to own and be liable for the resulting charter school to the same…
  - § 47625 A charter granted pursuant to Section 47620 shall not become operative before July 1, 1995.
2. ARTICLE 2. Employer § 47626 · 1 section
  - § 47626 (a) Notwithstanding Section 47611.5, a charter school operated by the University of California in facilities owned by the Regents of the University of…
CHAPTER 6. Funding §§ 47630–47663 · 27 sections
1. ARTICLE 1. General Provisions §§ 47630–47632 · 4 sections
  - § 47630 It is the intent of the Legislature that each charter school be provided with operational funding that is equal to the total funding that would be available to…
  - § 47630.5 (a) This chapter applies to the calculation of operational funding for charter schools. Except as otherwise provided in this chapter, this chapter shall apply…
  - § 47631 (a) Article 3 (commencing with Section 47636) shall not apply to a charter granted pursuant to Section 47605.5. (b) A charter school authorized pursuant to…
  - § 47632 For purposes of this chapter, the following terms shall be defined as follows: (a) “General-purpose entitlement” means an amount computed by the local control…
2. ARTICLE 2. Charter School Block Grant §§ 47633–47635 · 4 sections
  - § 47633 The Superintendent shall annually compute a general-purpose entitlement, funded from a combination of state aid and local funds, for each charter school as…
  - § 47634.2 (a) (1) Notwithstanding any other provision of law, the amount of funding to be allocated to a charter school on the basis of average daily attendance that is…
  - § 47634.4 (a) A charter school that elects to receive its funding directly, pursuant to Section 47651, may apply individually for federal and state categorical programs,…
  - § 47635 (a) A sponsoring local educational agency shall annually transfer to each of its charter schools funding in lieu of property taxes equal to the lesser of the…
3. ARTICLE 3. Other Operational Funding Available to Charter Schools §§ 47636–47638 · 2 sections
  - § 47636 (a) This chapter shall not prevent a charter school from negotiating with a local educational agency for a share of operational funding from sources not…
  - § 47638 For purposes of determining eligibility for, and allocations of, lottery funds, a charter school shall be deemed to be a school district. The State Department…
4. ARTICLE 4. Special Education Funding §§ 47640–47647 · 8 sections
  - § 47640 For the purposes of this article, “local educational agency” means a school district as defined in Section 41302.5 or a charter school that is deemed a local…
  - § 47641 (a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter…
  - § 47642 Notwithstanding Section 47651, all state and federal funding for special education apportioned on behalf of pupils enrolled in a charter school shall be…
  - § 47643 If the approval of a petition for a charter school requires a change to the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section…
  - § 47644 For each charter school deemed a local educational agency for the purposes of special education, an amount equal to the amount computed pursuant to Section…
  - § 47645 An agency reviewing a request by a charter school to participate as a local educational agency in a special education local plan area may not treat the charter…
  - § 47646 (a) A charter school that is deemed to be a public school of the local educational agency that granted the charter for purposes of special education shall…
  - § 47647 A local educational agency reviewing a petition for the establishment or renewal of a charter school may not refuse to grant the petition solely because the…
5. ARTICLE 5. Apportionment of Funds §§ 47650–47655 · 6 sections
  - § 47650 A charter school shall be deemed to be a school district for purposes of determining the manner in which warrants are drawn on the State School Fund pursuant…
  - § 47651 (a) A charter school may receive the state aid portion of the charter school’s total local control funding formula allocation pursuant to Section 42238.02, as…
  - § 47652 (a) Notwithstanding Section 41330, a charter school in its first year of operation shall be eligible to receive funding for the advance apportionment based on…
  - § 47653 (a) A charter school required to be regarded as a continuing charter school by the department pursuant to subparagraph (E) of paragraph (5) of subdivision (a)…
  - § 47654 The definitions set forth in this section apply for purposes of this part and Chapter 7 (commencing with Section 42238) of Part 24 of Division 3. “Affected…
  - § 47655 (a) Notwithstanding any other law, all debt and liabilities owed to the state for an original charter school shall transfer to a restructured charter school in…
6. ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies §§ 47660–47663 · 3 sections
  - § 47660 For purposes of computing eligibility for, and entitlements to, general purpose funding and operational funding for categorical programs, the enrollment and…
  - § 47662 For purposes of Section 42238.02, as implemented by Section 42238.03, the property tax revenues received by a sponsoring local educational agency pursuant to…
  - § 47663 (a) (1) For a pupil of a charter school sponsored by a basic aid school district who resides in, and is otherwise eligible to attend, a school district other…