Page 6 - CharterToolkit

Q. WHAT DOES IT MEAN FOR A CHARTER SCHOOL TO BE DEMONSTRABLY UNLIKELY TO SERVE THE INTERESTS OF
THE ENTIRE COMMUNITY IN WHICH IT PROPOSES TO LOCATE?
A. Written findings must consider: (1) the extent to which the proposed charter school would substantially undermine
existing services, academic offerings, or programmatic offerings; and (2) whether the proposed charter school would
duplicate a program currently offered within the school district, if the existing program has sufficient capacity for the
students proposed to be served in proximity to where the charter school intends to locate.

Q. HOW CAN A SCHOOL DISTRICT DEMONSTRATE IT IS NOT POSITIONED TO ABSORB THE FISCAL IMPACT OF A
PROPOSED CHARTER SCHOOL?
A. A school district qualifies to assert this as a basis for denial if it has: (1) a negative interim certification, or (2) is under state
receivership, or (3) has a qualified interim certification and the county superintendent of schools, in consultation with
FCMAT, certifies that approving the charter school would result in the school district having a negative interim certification.

Petition Appeals
Q. MAY A PETITIONER STILL APPEAL A PETITION DENIAL TO THE COUNTY BOARD OF EDUCATION?
A. Yes. A petition may be submitted on appeal to the county board within 30 days of its denial by a school district. If the
petition contains new or different material terms, the county board must immediately remand the petition to the school
district board for reconsideration, which shall grant or deny the petition within 30 days.

Q. WHAT DOES IT MEAN FOR A PETITION TO CONTAIN NEW OR DIFFERENT “MATERIAL TERMS”?
“Material terms” means the signatures, affirmations, disclosures, documents, and required element descriptions, but does
not include minor administrative updates to the petition or related documents due to changes in circumstances based on
the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county as the chartering
authority.

Q. IF A COUNTY BOARD DENIES A PETITION ON APPEAL, MAY IT BE SUBMITTED ON APPEAL TO THE STATE BOARD
OF EDUCATION (SBE)?
A. Yes. A petition may be appealed to the SBE within 30 days of denial at the county level. A petitioner must include the
findings and documentary record from consideration of the petition at the district and county levels, along with a written
submission, with specific citations to the documentary record, detailing how petitioner alleges the school district or
the county board, or both, abused their discretion. If a petition contains new or different material terms, the SBE must
immediately remand the petition to the school district board for reconsideration, which shall grant or deny the petition
within 30 days.

Q. WHO IS RESPONSIBLE FOR PREPARING THE DOCUMENTARY RECORD OF THE SCHOOL DISTRICT AND/OR
COUNTY BOARD’S CONSIDERATION OF THE PETITION?
A. Each school district and county board is responsible for preparing the documentary record of its own proceedings, at a
petitioner’s request, including transcripts of the public hearing(s), if any, where the petition was denied. The record must
be provided to a petitioner within 10 days of such request.

Q. DOES THIS MEAN A SCHOOL DISTRICT OR COUNTY OFFICE IS REQUIRED TO RECORD AND TRANSCRIBE ITS
PUBLIC HEARINGS TO CONSIDER CHARTER PETITIONS?
A. This is an area of the new law that is open to interpretation. Discuss with legal counsel whether your school district or
county office is now required to record and/or transcribe its meetings.

Q. IS A SCHOOL DISTRICT OR COUNTY BOARD PERMITTED TO RESPOND TO A PETITIONER’S ALLEGATIONS
REGARDING ABUSE OF DISCRETION IN THE CHARTER PETITION APPROVAL PROCESS?
A. Yes. Within 30 days of receipt of an appeal submitted to the SBE, a school district or county board may submit a written
opposition to the SBE detailing, with specific citations to the documentary record, opposing the appeal.

New Charter Legislation Toolkit - Frequently Asked Questions LozanoSmith.com