Page 2 - CharterToolkit
P. 2
GOVERNOR NEWSOM SIGNS
COMPREHENSIVE REFORMS FOR
CHARTER SCHOOLS
FIRM OVERVIEW In the largest overhaul of California’s Charter Schools Act (“Act”) since it was enacted in 1992, Gov-
ernor Gavin Newsom signed AB 1505 and AB 1507 on October 3, 2019. The Act authorizes the
Practice Areas
establishment and operation of charter schools in California. The closely watched and hotly debat-
Administrative Hearings ed reforms impact most aspects of charter school authorization, including oversight, appeals, and
Charter School renewals. Enactment of AB 1505 and AB 1507 follows months of negotiations and compromises
Community College
Facilities & Business from both sides in the ongoing charter school debate.
Governance
Investigations
Labor & Employment BACKGROUND
Litigation Charter schools operate independently from school districts, but they require oversight from the
Municipal school district or county board that authorizes them. In the last decade, California has seen un-
Public Finance
Public Safety precedented growth in the number of charter schools. According to the California Department of
Special Education Education (“CDE”), there were approximately 1,306 charter schools and seven all-charter districts in
Student California at the beginning of the 2018-19 academic year. With this growth has come criticism that
Technology & Innovation
Title IX the law was not keeping pace with necessary checks and balances on charter school operation and
the impacts charter schools have on public school districts. These bills were introduced to correct
Statewide deficiencies and close loopholes brought to light by litigation, including Anderson Union High School
Sacramento District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 handled by Lozano Smith (see
Walnut Creek Client News Brief Number 5, January 2017), as well as a subsequent Legislative Audit examining
Fresno charter school operation and oversight, and the work of the Governor’s California Charter School
Monterey
Bakersfield Policy Task Force.
Los Angeles
Mission Viejo
San Diego AB 1505
Most provisions of AB 1505 are set to go into effect on July 1, 2020. Major highlights of AB 1505
include the following changes:
> Petition Approval Criteria. When considering whether or not to grant or deny a petition for a
new charter school, a district may consider whether the charter school will serve the interests
of the entire community in which the charter school is proposing to locate. Further, if a district
meets certain criteria, the district may also consider whether or not it is positioned to absorb the
fiscal impact of the proposed charter school.
> Petition Review Timelines. The timeline for a school district to review an initial charter petition
and a renewal petition has been extended. The district must hold a public hearing to consid-
Authors er the level of support for the petition 60 days after the petition is submitted, and the district
must now hold a second public hearing to take action on a petition 90 days after the petition is
Edward J. Sklar submitted. Additionally, the governing board of a school district or county board of education is
esklar@lozanosmith.com
now required to publish all staff recommendations and findings regarding a charter petition at
Megan Macy least 15 days before the public hearing at which the board will either approve or deny the initial
mmacy@lozanosmith.com or renewal petition. Petitioners must also be afforded equivalent time to present evidence and
testimony to the governing board at the public hearing in which the petition will be approved or
Erin M. Hamor denied.
ehamor@lozanosmith.com
Courtney de Groof
cdegroof@lozanosmith.com
California’s Premier Public Agency Law Firm LozanoSmith.com