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 maintain schools that operate independently
from the existing school district structure, as a method to
accomplish all of the following:
(a) Improve pupil learning.
(b) Increase learning opportunities for all pupils, with special
emphasis on expanded learning experiences for pupils who are
identified as academically low achieving.
(c) Encourage the use of different and innovative teaching
methods.
(d) Create new professional opportunities for teachers, including
the opportunity to be responsible for the learning program at the
schoolsite.
(e) Provide parents and pupils with expanded choices in the types
of educational opportunities that are available within the public
school system.
(f) Hold the schools established under this part accountable for
meeting measurable pupil outcomes, and provide the schools with a
method to change from rule-based to performance-based accountability
systems.
(g) Provide vigorous competition within the public school system
to stimulate continual improvements in all public schools.
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, and in each successive school year
thereafter, an additional 100 charter schools are authorized to
operate in this state each successive school year. For the purposes
of implementing this section, the State Board of Education shall
assign a number to each charter petition that it grants pursuant to
subdivision (j) of Section 47605 or Section 47605.8 and to each
charter notice it receives pursuant to this part, based on the
chronological order in which the notice is received. Each number
assigned by the state board on or after January 1, 2003, shall
correspond to a single petition that identifies a charter school that
will operate within the geographic and site limitations of this
part. The State Board of Education shall develop a numbering system
for charter schools that identifies each school associated with a
charter and that operates within the existing limit on the number of
charter schools that can be approved each year. For purposes of this
section, sites that share educational programs and serve similar
pupil populations may not be counted as separate schools. Sites that
do not share a common educational program shall be considered
separate schools for purposes of this section. The limits contained
in this paragraph may not be waived by the State Board of Education
pursuant to Section 33050 or any other provision of law.
(2) By July 1, 2003, the Legislative Analyst shall, pursuant to
the criteria in Section 47616.5, report to the Legislature on the
effectiveness of the charter school approach authorized under this
part and recommend whether to expand or reduce the annual rate of
growth of charter schools authorized pursuant to this section.
(b) No charter shall be granted under this part that authorizes
the conversion of any private school to a charter school. No charter
school shall receive any public funds for a pupil if the pupil also
attends a private school that charges the pupil's family for tuition.
The State Board of Education shall adopt regulations to implement
this section.
47603. This part shall not be construed to prohibit any private
person or organization from providing funding or other assistance to
the establishment or operation of a charter school.
47604. (a) Charter schools may elect to operate as, or be operated
by, a nonprofit public benefit corporation, formed and organized
pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
(commencing with Section 5110) of Division 2 of Title 1) of the
Corporations Code).
(b) The governing board of a school district that grants a charter
for the establishment of a charter school formed and organized
pursuant to this section shall be entitled to a single representative
on the board of directors of the nonprofit public benefit
corporation.
(c) An authority that grants a charter to a charter school to be
operated by, or as, a nonprofit public benefit corporation is not
liable for the debts or obligations of the charter school, or for
claims arising from the performance of acts, errors, or omissions by
the charter school, if the authority has complied with all oversight
responsibilities required by law, including, but not limited to,
those required by Section 47604.32 and subdivision (m) of Section
47605.
47604.3. A charter school shall promptly respond to all reasonable
inquiries, including, but not limited to, inquiries regarding its
financial records, from its chartering authority, the county office
of education that has jurisdiction over the school's chartering
authority, or from the Superintendent of Public Instruction and shall
consult with the chartering authority, the county office of
education, or the Superintendent of Public Instruction regarding any
inquiries.
47604.32. 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 its authority:
(a) Identify at least one staff member as a contact person for the
charter school.
(b) Visit each charter school at least annually.
(c) Ensure that each charter school under its authority complies
with all reports required of charter schools by law.
(d) Monitor the fiscal condition of each charter school under its
authority.
(e) Provide timely notification to the department if any of the
following circumstances occur or will occur with regard to a charter
school for which it is the chartering authority:
(1) A renewal of the charter is granted or denied.
(2) The charter is revoked.
(3) The charter school will cease operation for any reason.
(f) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
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 to the county superintendent of
schools if the county board of education is the chartering authority:
(1) On or before July 1, a preliminary budget. For a charter
school in its first year of operation, the information submitted
pursuant to subdivision (g) of Section 47605 satisfies this
requirement.
(2) On or before December 15, an interim financial report. This
report shall reflect changes through October 31.
(3) On or before March 15, a second interim financial report. This
report shall reflect changes through January 31.
(4) On or before September 15, a final unaudited report for the
full prior year.
(b) The chartering authority shall use any financial information
it obtains from the charter school, including, but not limited to,
the reports required by this section, to assess the fiscal condition
of the charter school pursuant to subdivision (d) of Section
47604.32.
(c) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
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 other information that
justifies the investigation, monitor the operations of a charter
school located within that county and conduct an investigation into
the operations of that charter school. If a county superintendent of
schools monitors or investigates a charter school pursuant to this
section, the county office of education shall not incur any liability
beyond the cost of the investigation.
(b) A charter school shall notify the county superintendent of
schools of the county in which it is located of the location of the
charter school, including the location of each site, if applicable,
prior to commencing operations.
47604.5. The State Board of Education, whether or not it is the
authority that granted the charter, may, based upon the
recommendation of the Superintendent of Public Instruction, take
appropriate action, including, but not limited to, revocation of the
school's charter, when the State Board of Education finds any of the
following:
(a) Gross financial mismanagement that jeopardizes the financial
stability of the charter school.
(b) Illegal or substantially improper use of charter school funds
for the personal benefit of any officer, director, or fiduciary of
the charter school.
(c) Substantial and sustained departure from measurably successful
practices such that continued departure would jeopardize the
educational development of the school's pupils.
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 maintain schools that operate independently
from the existing school district structure, as a method to
accomplish all of the following:
(a) Improve pupil learning.
(b) Increase learning opportunities for all pupils, with special
emphasis on expanded learning experiences for pupils who are
identified as academically low achieving.
(c) Encourage the use of different and innovative teaching
methods.
(d) Create new professional opportunities for teachers, including
the opportunity to be responsible for the learning program at the
schoolsite.
(e) Provide parents and pupils with expanded choices in the types
of educational opportunities that are available within the public
school system.
(f) Hold the schools established under this part accountable for
meeting measurable pupil outcomes, and provide the schools with a
method to change from rule-based to performance-based accountability
systems.
(g) Provide vigorous competition within the public school system
to stimulate continual improvements in all public schools.
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, and in each successive school year
thereafter, an additional 100 charter schools are authorized to
operate in this state each successive school year. For the purposes
of implementing this section, the State Board of Education shall
assign a number to each charter petition that it grants pursuant to
subdivision (j) of Section 47605 or Section 47605.8 and to each
charter notice it receives pursuant to this part, based on the
chronological order in which the notice is received. Each number
assigned by the state board on or after January 1, 2003, shall
correspond to a single petition that identifies a charter school that
will operate within the geographic and site limitations of this
part. The State Board of Education shall develop a numbering system
for charter schools that identifies each school associated with a
charter and that operates within the existing limit on the number of
charter schools that can be approved each year. For purposes of this
section, sites that share educational programs and serve similar
pupil populations may not be counted as separate schools. Sites that
do not share a common educational program shall be considered
separate schools for purposes of this section. The limits contained
in this paragraph may not be waived by the State Board of Education
pursuant to Section 33050 or any other provision of law.
(2) By July 1, 2003, the Legislative Analyst shall, pursuant to
the criteria in Section 47616.5, report to the Legislature on the
effectiveness of the charter school approach authorized under this
part and recommend whether to expand or reduce the annual rate of
growth of charter schools authorized pursuant to this section.
(b) No charter shall be granted under this part that authorizes
the conversion of any private school to a charter school. No charter
school shall receive any public funds for a pupil if the pupil also
attends a private school that charges the pupil's family for tuition.
The State Board of Education shall adopt regulations to implement
this section.
47603. This part shall not be construed to prohibit any private
person or organization from providing funding or other assistance to
the establishment or operation of a charter school.
47604. (a) Charter schools may elect to operate as, or be operated
by, a nonprofit public benefit corporation, formed and organized
pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
(commencing with Section 5110) of Division 2 of Title 1) of the
Corporations Code).
(b) The governing board of a school district that grants a charter
for the establishment of a charter school formed and organized
pursuant to this section shall be entitled to a single representative
on the board of directors of the nonprofit public benefit
corporation.
(c) An authority that grants a charter to a charter school to be
operated by, or as, a nonprofit public benefit corporation is not
liable for the debts or obligations of the charter school, or for
claims arising from the performance of acts, errors, or omissions by
the charter school, if the authority has complied with all oversight
responsibilities required by law, including, but not limited to,
those required by Section 47604.32 and subdivision (m) of Section
47605.
47604.3. A charter school shall promptly respond to all reasonable
inquiries, including, but not limited to, inquiries regarding its
financial records, from its chartering authority, the county office
of education that has jurisdiction over the school's chartering
authority, or from the Superintendent of Public Instruction and shall
consult with the chartering authority, the county office of
education, or the Superintendent of Public Instruction regarding any
inquiries.
47604.32. 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 its authority:
(a) Identify at least one staff member as a contact person for the
charter school.
(b) Visit each charter school at least annually.
(c) Ensure that each charter school under its authority complies
with all reports required of charter schools by law.
(d) Monitor the fiscal condition of each charter school under its
authority.
(e) Provide timely notification to the department if any of the
following circumstances occur or will occur with regard to a charter
school for which it is the chartering authority:
(1) A renewal of the charter is granted or denied.
(2) The charter is revoked.
(3) The charter school will cease operation for any reason.
(f) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
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 to the county superintendent of
schools if the county board of education is the chartering authority:
(1) On or before July 1, a preliminary budget. For a charter
school in its first year of operation, the information submitted
pursuant to subdivision (g) of Section 47605 satisfies this
requirement.
(2) On or before December 15, an interim financial report. This
report shall reflect changes through October 31.
(3) On or before March 15, a second interim financial report. This
report shall reflect changes through January 31.
(4) On or before September 15, a final unaudited report for the
full prior year.
(b) The chartering authority shall use any financial information
it obtains from the charter school, including, but not limited to,
the reports required by this section, to assess the fiscal condition
of the charter school pursuant to subdivision (d) of Section
47604.32.
(c) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
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 other information that
justifies the investigation, monitor the operations of a charter
school located within that county and conduct an investigation into
the operations of that charter school. If a county superintendent of
schools monitors or investigates a charter school pursuant to this
section, the county office of education shall not incur any liability
beyond the cost of the investigation.
(b) A charter school shall notify the county superintendent of
schools of the county in which it is located of the location of the
charter school, including the location of each site, if applicable,
prior to commencing operations.
47604.5. The State Board of Education, whether or not it is the
authority that granted the charter, may, based upon the
recommendation of the Superintendent of Public Instruction, take
appropriate action, including, but not limited to, revocation of the
school's charter, when the State Board of Education finds any of the
following:
(a) Gross financial mismanagement that jeopardizes the financial
stability of the charter school.
(b) Illegal or substantially improper use of charter school funds
for the personal benefit of any officer, director, or fiduciary of
the charter school.
(c) Substantial and sustained departure from measurably successful
practices such that continued departure would jeopardize the
educational development of the school's pupils.
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 maintain schools that operate independently
from the existing school district structure, as a method to
accomplish all of the following:
(a) Improve pupil learning.
(b) Increase learning opportunities for all pupils, with special
emphasis on expanded learning experiences for pupils who are
identified as academically low achieving.
(c) Encourage the use of different and innovative teaching
methods.
(d) Create new professional opportunities for teachers, including
the opportunity to be responsible for the learning program at the
schoolsite.
(e) Provide parents and pupils with expanded choices in the types
of educational opportunities that are available within the public
school system.
(f) Hold the schools established under this part accountable for
meeting measurable pupil outcomes, and provide the schools with a
method to change from rule-based to performance-based accountability
systems.
(g) Provide vigorous competition within the public school system
to stimulate continual improvements in all public schools.
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, and in each successive school year
thereafter, an additional 100 charter schools are authorized to
operate in this state each successive school year. For the purposes
of implementing this section, the State Board of Education shall
assign a number to each charter petition that it grants pursuant to
subdivision (j) of Section 47605 or Section 47605.8 and to each
charter notice it receives pursuant to this part, based on the
chronological order in which the notice is received. Each number
assigned by the state board on or after January 1, 2003, shall
correspond to a single petition that identifies a charter school that
will operate within the geographic and site limitations of this
part. The State Board of Education shall develop a numbering system
for charter schools that identifies each school associated with a
charter and that operates within the existing limit on the number of
charter schools that can be approved each year. For purposes of this
section, sites that share educational programs and serve similar
pupil populations may not be counted as separate schools. Sites that
do not share a common educational program shall be considered
separate schools for purposes of this section. The limits contained
in this paragraph may not be waived by the State Board of Education
pursuant to Section 33050 or any other provision of law.
(2) By July 1, 2003, the Legislative Analyst shall, pursuant to
the criteria in Section 47616.5, report to the Legislature on the
effectiveness of the charter school approach authorized under this
part and recommend whether to expand or reduce the annual rate of
growth of charter schools authorized pursuant to this section.
(b) No charter shall be granted under this part that authorizes
the conversion of any private school to a charter school. No charter
school shall receive any public funds for a pupil if the pupil also
attends a private school that charges the pupil's family for tuition.
The State Board of Education shall adopt regulations to implement
this section.
47603. This part shall not be construed to prohibit any private
person or organization from providing funding or other assistance to
the establishment or operation of a charter school.
47604. (a) Charter schools may elect to operate as, or be operated
by, a nonprofit public benefit corporation, formed and organized
pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
(commencing with Section 5110) of Division 2 of Title 1) of the
Corporations Code).
(b) The governing board of a school district that grants a charter
for the establishment of a charter school formed and organized
pursuant to this section shall be entitled to a single representative
on the board of directors of the nonprofit public benefit
corporation.
(c) An authority that grants a charter to a charter school to be
operated by, or as, a nonprofit public benefit corporation is not
liable for the debts or obligations of the charter school, or for
claims arising from the performance of acts, errors, or omissions by
the charter school, if the authority has complied with all oversight
responsibilities required by law, including, but not limited to,
those required by Section 47604.32 and subdivision (m) of Section
47605.
47604.3. A charter school shall promptly respond to all reasonable
inquiries, including, but not limited to, inquiries regarding its
financial records, from its chartering authority, the county office
of education that has jurisdiction over the school's chartering
authority, or from the Superintendent of Public Instruction and shall
consult with the chartering authority, the county office of
education, or the Superintendent of Public Instruction regarding any
inquiries.
47604.32. 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 its authority:
(a) Identify at least one staff member as a contact person for the
charter school.
(b) Visit each charter school at least annually.
(c) Ensure that each charter school under its authority complies
with all reports required of charter schools by law.
(d) Monitor the fiscal condition of each charter school under its
authority.
(e) Provide timely notification to the department if any of the
following circumstances occur or will occur with regard to a charter
school for which it is the chartering authority:
(1) A renewal of the charter is granted or denied.
(2) The charter is revoked.
(3) The charter school will cease operation for any reason.
(f) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
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 to the county superintendent of
schools if the county board of education is the chartering authority:
(1) On or before July 1, a preliminary budget. For a charter
school in its first year of operation, the information submitted
pursuant to subdivision (g) of Section 47605 satisfies this
requirement.
(2) On or before December 15, an interim financial report. This
report shall reflect changes through October 31.
(3) On or before March 15, a second interim financial report. This
report shall reflect changes through January 31.
(4) On or before September 15, a final unaudited report for the
full prior year.
(b) The chartering authority shall use any financial information
it obtains from the charter school, including, but not limited to,
the reports required by this section, to assess the fiscal condition
of the charter school pursuant to subdivision (d) of Section
47604.32.
(c) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
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 other information that
justifies the investigation, monitor the operations of a charter
school located within that county and conduct an investigation into
the operations of that charter school. If a county superintendent of
schools monitors or investigates a charter school pursuant to this
section, the county office of education shall not incur any liability
beyond the cost of the investigation.
(b) A charter school shall notify the county superintendent of
schools of the county in which it is located of the location of the
charter school, including the location of each site, if applicable,
prior to commencing operations.
47604.5. The State Board of Education, whether or not it is the
authority that granted the charter, may, based upon the
recommendation of the Superintendent of Public Instruction, take
appropriate action, including, but not limited to, revocation of the
school's charter, when the State Board of Education finds any of the
following:
(a) Gross financial mismanagement that jeopardizes the financial
stability of the charter school.
(b) Illegal or substantially improper use of charter school funds
for the personal benefit of any officer, director, or fiduciary of
the charter school.
(c) Substantial and sustained departure from measurably successful
practices such that continued departure would jeopardize the
educational development of the school's pupils.
