Page 9 - CharterToolkit

Q. WHAT HAPPENS TO A CHARTER SCHOOL LOCATED AT A SITE OUTSIDE THE BOUNDARIES OF THE DISTRICT, BUT
WITHIN THE SAME COUNTY, AT THE TIME AB 1507 WAS ENACTED?
A. Charter schools lawfully located pursuant to sections 47605(a)(5) and/or 47605.1(d) prior to January 1, 2020 may operate
in their present location until the charter petition comes up for renewal. At that time, a charter school must do one of the
following: either (1) before submitting a renewal petition to its authorizer, first obtain written permission from the school
district(s) in which the charter school is located, to continue operations at the same location; or (2) submit a renewal
petition pursuant to section 47607, to the school district in which the charter school facility is physically located.

Q. IF A SCHOOL DISTRICT PROVIDES WRITTEN PERMISSION FOR A CHARTER SCHOOL TO LOCATE IN ITS
BOUNDARIES, HOW LONG IS THAT PERMISSION GOOD FOR?
A. The new law does not establish whether a school district’s grant of permission constitutes carte blanche for a charter
school to remain located within the boundaries of that district indefinitely. Although the law is unclear, it would seem
permissible for a school district to place limiting language on any written permission it chooses to give—e.g., only for the
life of the renewal petition, etc.

Q. DOES A GEOGRAPHIC LOCATION EXCEPTION STILL APPLY FOR CHARTER SCHOOLS OPERATING EXCLUSIVELY IN
PARTNERSHIP WITH THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)?
A. Yes. AB 1507 left intact the geographic location exception applicable to charter schools lawfully providing instruction in
exclusive partnership with either WIOA, or another agency set forth in the amended Education Code section 47605.1(f).

Nonclassroom Based Charter School Moratorium
Q. WHO IS IMPACTED BY THE NEW CHARTER SCHOOL MORATORIUM?
A. New law creates a two year moratorium, effective from January 1, 2020 to January 1, 2022, on the approval of a petition
for the establishment of a new charter school offering nonclassroom-based instruction.

Q. DOES THIS APPLY TO HYBRID PROGRAMS INCLUDING BOTH SEAT-BASED AND NONCLASSROOM-BASED
INSTRUCTION?
A. Yes. While the new law does not address this point expressly, it forbids during the moratorium period granting any
petition providing for nonclassroom-based instruction, as that term is defined by Education Code section 47612.5(e).

Q. ARE THERE ANY EXCEPTIONS TO THE MORATORIUM?
A. Very few. If: (1) a nonclassroom based charter school is required to resubmit its petition to a chartering authority to in an
adjacent county in which its resource center is located to comply with AB 1507, or to retain its current program offerings or
enrollment, or (2) if a charter school is required to submit a petition to comply with the Anderson ruling or other court order
and the petition is necessary to retain current program offerings or enrollment, then it may continue operating through the
moratorium period, but only if the charter school was approved and serving pupils prior to October 1, 2019.

Q. WHAT IF A PETITIONER SUBMITS A CHARTER PETITION PROPOSING TO OFFER NONCLASSROOM-BASED
EDUCATION DURING THE MORATORIUM PERIOD?
A. Such a charter petition may not be lawfully approved. School districts and/or county offices of education may first wish to
contact the petitioner with a reminder regarding the prohibition on nonclassroom-based education during the moratorium
period. If a petitioner does not withdraw its petition, the reviewing agency should contact legal counsel to determine the
most appropriate next steps.

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not constitute
legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
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