Page 5 - CharterToolkit

NEW CHARTER LEGISLATION TOOLKIT

FREQUENTLY ASKED QUESTIONS

Petitioning
Q. WHAT IS THE NEW CHARTER PETITION REVIEW TIMELINE?
A. Effective July 1, 2020, a public hearing must be held within 60 days after a school district or county office receives a
charter petition to consider the level of support for the charter. The decision to grant or deny the petition must be made
at a public hearing, within 90 days of its receipt. The timeline to take action on a petition may be extended up to 30 days
through the mutual agreement of the parties.

Q. ARE TWO PUBLIC HEARINGS NOW REQUIRED WHEN CONSIDERING A CHARTER PETITION?
A. Yes, unless the decision to grant or deny the charter petition is made at the same time as the first public hearing.

Q. WHEN IS A CHARTER PETITION CONSIDERED “RECEIVED” BY A SCHOOL DISTRICT, TRIGGERING THE 60/90 DAY
TIMELINE?
A. The law now specifies that a petition is considered “received,” triggering petition review timelines, on the day a petition is
submitted to the district office along with a signed certification stating the petitioner deems the petition to be complete.

Q. WHAT IS THE NEW REQUIREMENT TO PUBLISH STAFF RECOMMENDATIONS REGARDING A CHARTER PETITION?
All staff recommendations, including the recommended findings regarding a petition, must be published at least 15 days
before the public hearing at which a school district or county board will either grant or deny the charter.

Q. WHAT DOES IT MEAN TO “PUBLISH” STAFF RECOMMENDATIONS AND FINDINGS?
A. AB 1505 appears to leave the method of publication up to the school district or county board. Potential methods
of publication could include posting on a website, making copies available at the administrative office, posting the
recommendations and findings in a publicly accessible place, or similar. Any method of posting should be Brown Act
compliant.

Q. ARE THERE RULES GOVERNING HOW PETITIONERS MUST BE PERMITTED TO RESPOND TO STAFF
RECOMMENDATIONS AND FINDINGS REGARDING A CHARTER PETITION?
A. Yes. During the public hearing to grant or deny a petition, petitioners must be given equivalent time and procedures as
was given to staff to present evidence and testimony in response to the staff recommendations and findings.

Q. ARE THERE ANY NEW REQUIREMENTS RELATED TO MATERIAL REVISIONS TO A CHARTER PETITION?
A. Yes. At any point in time that a charter school proposes to expand operations to one or more additional sites, or grade
levels, including if the proposal is made concurrent with a renewal, a material revision to the charter must be requested.
This means charter schools submitting renewal requests seeking to expand operations to additional sites or grades must
submit both a renewal petition and a request for a material revision.

Criteria for Granting or Denying Charter Petitions
Q. ARE THERE NEW CRITERIA UPON WHICH A CHARTER PETITION SUBMITTED TO A SCHOOL DISTRICT MAY BE
DENIED?
A. Yes, there are two. A petition may now be denied where written findings are made indicating the charter school is
demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Separately,
a petition may also be denied if an authorizing school district is not positioned to absorb the fiscal impact of the proposed
charter school.

New Charter Legislation Toolkit - Frequently Asked Questions LozanoSmith.com