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Viewing Policy: BP 0420.41 – Charter School Overnight



BP 0420.41

Philosophy, Goals, Objectives and Comprehensive Plans

 

 

CHARTER SCHOOL OVERSIGHT

 

Accountability                                        

 

The San Benito County Board of Education (County Board) is obligated by law to monitor the performance of any charter school it authorizes in order to ensure the school’s compliance with legal requirements and progress toward meeting measurable outcomes specified in the charter.

 

The County Board recognizes its ongoing responsibility to ensure that any charter school authorized by the County Board is successfully fulfilling the terms of its charter and is providing a high-quality educational program for students enrolled in the charter school. Information about the school’s academic performance will be provided to the County Board upon request when determining whether or not to grant a renewal of the charter petition or whether a revocation of the charter is warranted.

 

If the State Board of Education (SBE) approves a petition upon appeal after the County Board has denied the petition, the SBE may, by mutual agreement, designate its supervisorial and oversight responsibilities to the County Board that denied the petition or to any local educational agency in the county in which the charter school is located. [Education Code (EC) 47605]

 

If the County Board and the San Benito County Office of Education (SBCOE) comply with all oversight responsibilities required by law, they will not be liable for the debts or obligations of any charter school that operates as or is operated by a nonprofit public benefit corporation. [Corporations Code 5110-6910 and EC 47604(c)]

 

 

Oversight Responsibilities

 

The San Benito County Superintendent of Schools (County Superintendent) is requested to identify at least one staff member to serve as a contact and staff liaison for each charter school. [EC 47604.32]

 

The County Board and County Superintendent or designee may inspect or observe any part of the charter school at any time. [EC 47607]

 

If the County Board grants a charter for the establishment of a charter school to be operated by, or as, a nonprofit public benefit corporation, the County Superintendent is requested to recommend and the County Board may, in its discretion, designate a single SBCOE representative, to observe any meeting of the charter school’s governing board and to report back to the County Board, as requested. Such representative may be the same person appointed by the County Board to serve as the charter school’s contact and staff liaison.

 

 

Local Control Accountability Plans (LCAP) are required under the Local Control Funding Formula (LCFF), ushered into law in 2013. The LCFF provides additional school funding and gives local governing boards greater control over spending decisions. The LCAPs must detail how each Local Educational Agency (LEA) plans to use the state funding to meet state priorities and local goals to improve student outcomes. The focal point for measuring school academic performance is their performance on the LCFF Evaluation Rubric.

 

The State of California has determined a use of multiple indicators to measure student outcomes. The LCFF Evaluation Rubrics annually provide LEAs with information regarding the performance of students on the state indicators. State indicators are based upon academic performance in mathematics and English language arts, English Learner progress, graduation rate, suspension rate/chronic absenteeism, and college and career readiness. This information is captured in the LCAP. LEAs are to respond to the performance of all students, along with significant subgroups of low income students, English Learners, and Foster Youth through goals, actions, and services provided. Stakeholders are engaged in reviewing the data and giving input regarding how to best serve their students’ needs. This input is then used to develop the LEA’s LCAP.

The County Board shall monitor the fiscal condition of the charter school based on financial information including, but not limited to, the charter school’s preliminary budget; LCAP related expenditures; first and second interim financial reports; and final unaudited report for the full prior year. [EC 47604.32, 47604.33, 47606.5; 5 CCR

15497.5]

 

In addition, the County Superintendent or designee is encouraged to undertake the following obligations with respect to each charter school under the County Board’s authority:

 

  • Monitor the charter school to determine whether it complies with all legal requirements and management issues applicable to charter schools, including making all reports required of charter schools in accordance with Education Code 32. Any violations of law shall be reported to the County Board.

 

  • Provide timely notification to the California Department of Education (CDE) if any of the following circumstances occur or will occur to a charter school for which it is the chartering authority: [EC 32; 5 CCR 11962.1]

 

  • A renewal of the charter is granted or
  • The charter is
  • The charter school will cease operations for any

 

 

 

Charter School Visitation

 

The County Board and the County Superintendent or designee shall visit each charter school at least annually. More frequent visits are recommended for the County Board’s staff liaison in order to monitor charter school operations and to develop better relationships with the charter school staff. [EC 47604.32]

 

The County Superintendent or designee is encouraged to develop oversight materials such as checklists and rubrics to assist staff in monitoring the performance of the school. These materials can outline what staff will be looking at while visiting schools and what materials the charter school should have ready for staff. These materials will also provide clear direction for the charter school as to the expectations of the County Board.

 

Financial Arrangements

 

The cost of performing the duties listed in the section on Oversight Responsibilities above and other related costs of supervisorial oversight of a charter school are not to exceed one percent of the charter  school’s revenue. If SBCOE  is able to provide substantially rent-free facilities to the charter school, the charge for supervisorial oversight may be up to three percent of the charter school’s revenue. [EC 47613]

 

 

The charter school may separately purchase administrative or other services from SBCOE or any other source. [EC 47611.3]  Whenever SBCOE agrees to provide administrative or support services, the SBCOE and charter school shall develop a Memorandum of Understanding (MOU) approved by the County Board and reviewed annually, which clarifies the financial and operational agreements between the SBCOE and charter school.

 

At the request of a charter school, the County Superintendent or designee shall create and submit any reports required by the State Teachers’ Retirement System or Public Employees’ Retirement System on behalf of the charter school. The charter school may be charged for the actual costs of the reporting services, but shall not be required to purchase payroll processing services from SBCOE as a condition for creating and submitting these reports. [EC 47611.3]

 

Reports to the County Board

 

The County Superintendent or designee is requested to regularly report to the County Board on the charter school’s performance, based on the academic and fiscal accountability measures specified in the approved charter and whether to school is complying with all the legal requirements applicable to charter schools. These reports will assist the County Board in monitoring the fiscal condition of the charter school based on any financial information obtained from the charter school, including, but not limited to, the charter school’s preliminary budget, its LCAP and annual updates to the LCAP, first and second interim financial reports, and final unaudited report for the full prior year. [EC 47604.32, 47604.33]

 

Evaluation data for the charter school shall be considered in the County Board’s determination of the renewal or revocation of a charter.

 

 

 

Waivers

 

If the charter school wishes to request a general waiver of any state law or regulation, it shall request that the County Superintendent to submit a general waiver request to the State Board of Education (SBE) on its behalf. Upon approval of the County Board, the County Superintendent or designee is asked to apply for the waiver.

 

 

Material Revisions to Charter

 

Material revisions to a charter may be made only with County Board approval. Material revisions shall be governed by the same standards and criteria that apply to new charter petitions and shall include, but not be limited to, a reasonably comprehensive description of any new requirement for charter schools enacted into law after the charter was originally granted or last renewed. [EC 47605, 47607]

 

If an approved charter school proposes to expand operations to one or more additional sites, the charter school shall request a material revision to its charter and shall notify the County Board of those additional locations. The County Board shall consider approval of the additional locations at an open meeting. [Ed. Code 47605]

 

The County Board shall have the authority to determine whether a proposed change in charter school operations constitutes a material revision.

 

Complaints

 

Each charter school shall maintain processes to enable any person to file a complaint, in accordance with the uniform complaint procedures as specified in 5 CCR 46004687, alleging the school’s noncompliance with Education Code 47606.5 or 47607.3. If the charter school finds merit in the complaint, a remedy shall be provided to all affected students and parents/guardians. [EC 52075]

 

(cf. 1312.5 – Uniform Complaint Procedures)

 

If the complainant is not satisfied with the charter school’s decision, the complainant may appeal the decision to the State Superintendent of Public Instruction (SPI). The complainant will receive a written appeal decision within 60 days of the SPI’s receipt of the appeal. [EC 52075]

 

 

School Closure

 

In the event that the County Board revokes or denies renewal of a charter or the school closes for any other reason, the County Superintendent or designee is expected, when applicable in accordance with the charter and/or a memorandum of understanding, to provide assistance to facilitate the transfer of the charter school’s former students and to finalize financial reporting and close-out.

 

The County Superintendent or designee shall provide notification to the California Department of Education, within 10 calendar days, if the charter school will cease operation for any reason.

 

Such notification shall include, but not be limited to, a description of the circumstances of the closure, the effective date of the closure, and the location of student and personnel records. [EC 47604.32; 5 CCR 11962.1]

 

Legal Reference: EDUCATION CODE

220                              Nondiscrimination

221.9                            Sex equity in competitive athletics

222                              Lactation accommodations for students 1728017317                Field Act

1736517374     Field Act, fitness for occupancy

35330                           Field trips and excursions; student fees 3808038086                School meals

42100                           Annual statement of receipts and expenditures 44237            Criminal record summary

44691                           Information on detection of child abuse

44830.1                         Certificated employees, conviction of a violent or serious felony

45122.1                         Classified employees, conviction of a violent or serious felony

 

46201                           Instructional minutes

4760047616.7  Charter Schools Act of 1992

4764047647                    Special education funding for charter schools

47634.2                         Nonclassroom-based  instruction

48000                           Minimum age of admission for kindergarten; transitional kindergarten 4801048011                Minimum age of admission (first grade)

48850-48859                    Educational placement of foster youth and homeless students 48907    Students’ exercise of free expression; rules and regulations 48950  Student speech and other communication

49061                           Student records

49110                           Authority of issue work permits

49414                           Epinephrine  auto-injectors

49475                           Health and safety, concussions and head injuries

51224.7                         Mathematics placement policy 5174551749.3  Independent study

52051.552052  Academic performance index, applicability to charter schools 5206052077    Local control and accountability plans

52075                           Uniform complaint procedures

56026                           Special education

5614556146                    Special education services in charter schools 56026               Special education

6060060649                    Assessment of academic achievement 6085060859  High school exit examination

 

 

 

CORPORATIONS CODE

5110-6910                       Nonprofit public benefit corporations

 

GOVERNMENT CODE

3540-3549.3                     Educational Employment Relations Act 54950-54963               The Ralph M. Brown Act

 

LABOR CODE

1198.5                           Personnel records related to performance and grievance

 

PENAL CODE

667.5                            Definition of violent felony

1192.7                           Definition of serious felony

 

CALIFORNIA  CONSTITUTION

Article 9, Section 5 Common school system

Article 16, Section 8.5 Public finance; school accountability report card

 

CODE OF REGULATIONS, TITLE 5

46004687                       Uniform complaint procedures 11700.111705  Independent study

1196011969                    Charter schools

15497.5                         Local control and accountability plan template

 

CODE OF REGULATIONS, TITLE 24

101 et seq.                  California Building Standards Code

 

UNITED STATES CODE, TITLE 20

6311                             State plan

 

7221-7221(j)                     Charter schools UNITED STATES CODE, TITLE 42

11431-11435                    McKinney-Vento Homeless Assistance Act

 

CODE OF FEDERAL REGULATIONS, TITLE 34

200.1-200.78                    Accountability

 

COURT DECISIONS

Ridgecrest Charter School v. Sierra Sands Unified School District, (2005) 130 Cal.App.4th 986

 

ATTORNEY GENERAL OPINIONS

89 Ops.Cal.Atty.Gen. 166 (2006)

80 Ops.Cal.Atty.Gen. 52 (1997)

78 Ops.Cal.Atty.Gen. 297 (1995)

 

CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DECISIONS

Student v. Horizon Instructional Systems Charter School, (2012) OAH Case No. 2011060763

 

 

 

Policy Adopted: 6-14-18

 

 

CHARTER SCHOOL OVERSIGHT

 

Accountability                                        

 

The San Benito County Board of Education (County Board) is obligated by law to monitor the performance of any charter school it authorizes in order to ensure the school’s compliance with legal requirements and progress toward meeting measurable outcomes specified in the charter.

 

The County Board recognizes its ongoing responsibility to ensure that any charter school authorized by the County Board is successfully fulfilling the terms of its charter and is providing a high-quality educational program for students enrolled in the charter school. Information about the school’s academic performance will be provided to the County Board upon request when determining whether or not to grant a renewal of the charter petition or whether a revocation of the charter is warranted.

 

If the State Board of Education (SBE) approves a petition upon appeal after the County Board has denied the petition, the SBE may, by mutual agreement, designate its supervisorial and oversight responsibilities to the County Board that denied the petition or to any local educational agency in the county in which the charter school is located. [Education Code (EC) 47605]

 

If the County Board and the San Benito County Office of Education (SBCOE) comply with all oversight responsibilities required by law, they will not be liable for the debts or obligations of any charter school that operates as or is operated by a nonprofit public benefit corporation. [Corporations Code 5110-6910 and EC 47604(c)]

 

 

Oversight Responsibilities

 

The San Benito County Superintendent of Schools (County Superintendent) is requested to identify at least one staff member to serve as a contact and staff liaison for each charter school. [EC 47604.32]

 

The County Board and County Superintendent or designee may inspect or observe any part of the charter school at any time. [EC 47607]

 

If the County Board grants a charter for the establishment of a charter school to be operated by, or as, a nonprofit public benefit corporation, the County Superintendent is requested to recommend and the County Board may, in its discretion, designate a single SBCOE representative, to observe any meeting of the charter school’s governing board and to report back to the County Board, as requested. Such representative may be the same person appointed by the County Board to serve as the charter school’s contact and staff liaison.

 

 

Local Control Accountability Plans (LCAP) are required under the Local Control Funding Formula (LCFF), ushered into law in 2013. The LCFF provides additional school funding and gives local governing boards greater control over spending decisions. The LCAPs must detail how each Local Educational Agency (LEA) plans to use the state funding to meet state priorities and local goals to improve student outcomes. The focal point for measuring school academic performance is their performance on the LCFF Evaluation Rubric.

 

The State of California has determined a use of multiple indicators to measure student outcomes. The LCFF Evaluation Rubrics annually provide LEAs with information regarding the performance of students on the state indicators. State indicators are based upon academic performance in mathematics and English language arts, English Learner progress, graduation rate, suspension rate/chronic absenteeism, and college and career readiness. This information is captured in the LCAP. LEAs are to respond to the performance of all students, along with significant subgroups of low income students, English Learners, and Foster Youth through goals, actions, and services provided. Stakeholders are engaged in reviewing the data and giving input regarding how to best serve their students’ needs. This input is then used to develop the LEA’s LCAP.

The County Board shall monitor the fiscal condition of the charter school based on financial information including, but not limited to, the charter school’s preliminary budget; LCAP related expenditures; first and second interim financial reports; and final unaudited report for the full prior year. [EC 47604.32, 47604.33, 47606.5; 5 CCR

15497.5]

 

In addition, the County Superintendent or designee is encouraged to undertake the following obligations with respect to each charter school under the County Board’s authority:

 

  • Monitor the charter school to determine whether it complies with all legal requirements and management issues applicable to charter schools, including making all reports required of charter schools in accordance with Education Code 32. Any violations of law shall be reported to the County Board.

 

  • Provide timely notification to the California Department of Education (CDE) if any of the following circumstances occur or will occur to a charter school for which it is the chartering authority: [EC 32; 5 CCR 11962.1]

 

  • A renewal of the charter is granted or
  • The charter is
  • The charter school will cease operations for any

 

 

 

Charter School Visitation

 

The County Board and the County Superintendent or designee shall visit each charter school at least annually. More frequent visits are recommended for the County Board’s staff liaison in order to monitor charter school operations and to develop better relationships with the charter school staff. [EC 47604.32]

 

The County Superintendent or designee is encouraged to develop oversight materials such as checklists and rubrics to assist staff in monitoring the performance of the school. These materials can outline what staff will be looking at while visiting schools and what materials the charter school should have ready for staff. These materials will also provide clear direction for the charter school as to the expectations of the County Board.

 

Financial Arrangements

 

The cost of performing the duties listed in the section on Oversight Responsibilities above and other related costs of supervisorial oversight of a charter school are not to exceed one percent of the charter  school’s revenue. If SBCOE  is able to provide substantially rent-free facilities to the charter school, the charge for supervisorial oversight may be up to three percent of the charter school’s revenue. [EC 47613]

 

 

The charter school may separately purchase administrative or other services from SBCOE or any other source. [EC 47611.3]  Whenever SBCOE agrees to provide administrative or support services, the SBCOE and charter school shall develop a Memorandum of Understanding (MOU) approved by the County Board and reviewed annually, which clarifies the financial and operational agreements between the SBCOE and charter school.

 

At the request of a charter school, the County Superintendent or designee shall create and submit any reports required by the State Teachers’ Retirement System or Public Employees’ Retirement System on behalf of the charter school. The charter school may be charged for the actual costs of the reporting services, but shall not be required to purchase payroll processing services from SBCOE as a condition for creating and submitting these reports. [EC 47611.3]

 

Reports to the County Board

 

The County Superintendent or designee is requested to regularly report to the County Board on the charter school’s performance, based on the academic and fiscal accountability measures specified in the approved charter and whether to school is complying with all the legal requirements applicable to charter schools. These reports will assist the County Board in monitoring the fiscal condition of the charter school based on any financial information obtained from the charter school, including, but not limited to, the charter school’s preliminary budget, its LCAP and annual updates to the LCAP, first and second interim financial reports, and final unaudited report for the full prior year. [EC 47604.32, 47604.33]

 

Evaluation data for the charter school shall be considered in the County Board’s determination of the renewal or revocation of a charter.

 

 

 

Waivers

 

If the charter school wishes to request a general waiver of any state law or regulation, it shall request that the County Superintendent to submit a general waiver request to the State Board of Education (SBE) on its behalf. Upon approval of the County Board, the County Superintendent or designee is asked to apply for the waiver.

 

 

Material Revisions to Charter

 

Material revisions to a charter may be made only with County Board approval. Material revisions shall be governed by the same standards and criteria that apply to new charter petitions and shall include, but not be limited to, a reasonably comprehensive description of any new requirement for charter schools enacted into law after the charter was originally granted or last renewed. [EC 47605, 47607]

 

If an approved charter school proposes to expand operations to one or more additional sites, the charter school shall request a material revision to its charter and shall notify the County Board of those additional locations. The County Board shall consider approval of the additional locations at an open meeting. [Ed. Code 47605]

 

The County Board shall have the authority to determine whether a proposed change in charter school operations constitutes a material revision.

 

Complaints

 

Each charter school shall maintain processes to enable any person to file a complaint, in accordance with the uniform complaint procedures as specified in 5 CCR 46004687, alleging the school’s noncompliance with Education Code 47606.5 or 47607.3. If the charter school finds merit in the complaint, a remedy shall be provided to all affected students and parents/guardians. [EC 52075]

 

(cf. 1312.5 – Uniform Complaint Procedures)

 

If the complainant is not satisfied with the charter school’s decision, the complainant may appeal the decision to the State Superintendent of Public Instruction (SPI). The complainant will receive a written appeal decision within 60 days of the SPI’s receipt of the appeal. [EC 52075]

 

 

School Closure

 

In the event that the County Board revokes or denies renewal of a charter or the school closes for any other reason, the County Superintendent or designee is expected, when applicable in accordance with the charter and/or a memorandum of understanding, to provide assistance to facilitate the transfer of the charter school’s former students and to finalize financial reporting and close-out.

 

The County Superintendent or designee shall provide notification to the California Department of Education, within 10 calendar days, if the charter school will cease operation for any reason.

 

Such notification shall include, but not be limited to, a description of the circumstances of the closure, the effective date of the closure, and the location of student and personnel records. [EC 47604.32; 5 CCR 11962.1]

 

Legal Reference: EDUCATION CODE

220                              Nondiscrimination

221.9                            Sex equity in competitive athletics

222                              Lactation accommodations for students 1728017317                Field Act

1736517374     Field Act, fitness for occupancy

35330                           Field trips and excursions; student fees 3808038086                School meals

42100                           Annual statement of receipts and expenditures 44237            Criminal record summary

44691                           Information on detection of child abuse

44830.1                         Certificated employees, conviction of a violent or serious felony

45122.1                         Classified employees, conviction of a violent or serious felony

 

46201                           Instructional minutes

4760047616.7  Charter Schools Act of 1992

4764047647                    Special education funding for charter schools

47634.2                         Nonclassroom-based  instruction

48000                           Minimum age of admission for kindergarten; transitional kindergarten 4801048011                Minimum age of admission (first grade)

48850-48859                    Educational placement of foster youth and homeless students 48907    Students’ exercise of free expression; rules and regulations 48950  Student speech and other communication

49061                           Student records

49110                           Authority of issue work permits

49414                           Epinephrine  auto-injectors

49475                           Health and safety, concussions and head injuries

51224.7                         Mathematics placement policy 5174551749.3  Independent study

52051.552052  Academic performance index, applicability to charter schools 5206052077    Local control and accountability plans

52075                           Uniform complaint procedures

56026                           Special education

5614556146                    Special education services in charter schools 56026               Special education

6060060649                    Assessment of academic achievement 6085060859  High school exit examination

 

 

 

CORPORATIONS CODE

5110-6910                       Nonprofit public benefit corporations

 

GOVERNMENT CODE

3540-3549.3                     Educational Employment Relations Act 54950-54963               The Ralph M. Brown Act

 

LABOR CODE

1198.5                           Personnel records related to performance and grievance

 

PENAL CODE

667.5                            Definition of violent felony

1192.7                           Definition of serious felony

 

CALIFORNIA  CONSTITUTION

Article 9, Section 5 Common school system

Article 16, Section 8.5 Public finance; school accountability report card

 

CODE OF REGULATIONS, TITLE 5

46004687                       Uniform complaint procedures 11700.111705  Independent study

1196011969                    Charter schools

15497.5                         Local control and accountability plan template

 

CODE OF REGULATIONS, TITLE 24

101 et seq.                  California Building Standards Code

 

UNITED STATES CODE, TITLE 20

6311                             State plan

 

7221-7221(j)                     Charter schools UNITED STATES CODE, TITLE 42

11431-11435                    McKinney-Vento Homeless Assistance Act

 

CODE OF FEDERAL REGULATIONS, TITLE 34

200.1-200.78                    Accountability

 

COURT DECISIONS

Ridgecrest Charter School v. Sierra Sands Unified School District, (2005) 130 Cal.App.4th 986

 

ATTORNEY GENERAL OPINIONS

89 Ops.Cal.Atty.Gen. 166 (2006)

80 Ops.Cal.Atty.Gen. 52 (1997)

78 Ops.Cal.Atty.Gen. 297 (1995)

 

CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DECISIONS

Student v. Horizon Instructional Systems Charter School, (2012) OAH Case No. 2011060763

 

 

 

Policy Adopted: 6-14-18