© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 1 CHARTER SCHOOL RENEWAL

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 2 Goals For This Section Understand legal authority Review timelines Review AB 1137 Suggestions for successful renewal Top 10 issues on renewal

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 3 Current Landscape CSA just over 10 years old 674 charters granted to date 8 charter districts (with 15 schools) 35 COE charter Schools (5 %) 2 County-wide CS (.02 %) 8 SBE charters (no state-wide) (1%) 515 Currently operational

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 4 Current Charter School Landscape cont. 3 charters withdrawn 5 charters abandoned 39 revoked (6 %) 33 non-renewed (5 %) 6 inactive

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 5 Legal Authority on Renewal EC EC EC EC Board Policy/AR Charter/MOU SBE Regulations

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 6 Legal Authority on Renewal Section 47607(a)(1) One or more renewals Renewal by granting agency Each for 5 years Section 47607(a)(2) “standards/criteria” of 47605

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 7 Standards and Criteria of Signatures? 47605(g) information? Hearing/public support Board determination Shall grant if sound ed practice Must make findings to deny Legal Authority on Renewal

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 8 Board Policy/AR Heightened detail/attachments Charter/MOU Additional requirements/process limitations (e.g. only within 4 th year) Legal Authority on Renewal

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 9 Legal Authority on Renewal EC 47605(k)(3) SBE charter - SD 1 st then SBE Cf. all others to granting agency 1st

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 10 Section Denied renewal appealable Cf. revocation (no appeal) Section SD/COE must comply with Brown Act Legal Authority on Renewal cont.

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 11 Other Considerations COE charter BP/AR SBE Criteria for Charter approval Model Charter School Application (SBE) Legal Authority on Renewal cont.

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 12 Renewal Timelines Start early! Few districts comply with timelines SD process days COE process days SBE process days

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 13 Renewal Timelines Cont. SBE meeting every 2 months ACCS meeting every 2 months To CDE 30 days before ACCS meeting To SBE 60 days after ACCS Only 3 SBE meetings before June 30, 2005 January, March, May

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 14 Impact of Lapse of Charter No funding or funding interruption Charter petition anew New SBE number & CDS code

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 15 AB 1137 Changing Renewal Criteria Effective January 1, 2004 Calls for “objective, statewide, and uniform minimum academic standards” to ensure performance based accountability Renewal section effective January 1, 2005 or after CS in operation for 4 yrs, whichever is later

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 16 AB 1137 Renewal Criteria Cont…. CS must meet one of the following in order to secure renewal: (1)Meet API growth target: (a) prior yr; (b) in 2 of 3 last yrs; or (c) in aggregate prior 3 yrs (2)Score “4” or higher on state or similar schools rank: (a) prior yr; or (b) in 2 of 3 last yrs

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 17 AB 1137 Renewal Criteria cont…. (3)Granting agency determines school’s progress is equal to: (a)schools charter school students would otherwise have attended; and (b)schools located near charter school documented with clear and convincing data including standardized tests and information from charter school Submit w/summary to SPI for recommendation (4) Qualify for ASAM

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 18 Suggestions for Successful Renewal Begin early Involve stakeholders Revise charter to comply with current law Revise charter with eye toward appeal Review SD/COE/SBE policies/criteria Package renewal application Lobby board members Understand fiscal impact to school district

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 19 Suggestions for Successful Renewal cont… Create summary of CS highlights Dissect data on student performance/charter school to district Review universal application (info./format) Review CDE assessment of SBE charters Consider options: (1) COE-wide charter; (2) SBE state-wide charter Confirm mandated cost reimbursement for district

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 20 Top Ten Issues on Renewal: 1.Conflict of interest laws 2.Brown Act issues 3.Revised MOU/facilities use agreement 4.Financial review standards/fiscal oversight 5.Special education delivery/encroachment

© 2004 Law Offices of Spector, Middleton, Young & Minney, LLP 21 Top Ten Issues on Renewal cont… 6.Dependence v. independence 7.Admissions/suspension/expulsion 8.Prop. 39 facilities 9.CS policy development 10.Prior charter commitments