Beginning November 23, 2011, several changes to Title 5 regulations related to charter school renewals will be implemented. The changes were proposed by the State Board of Education for the purpose of clarifying the application of the California Code Regulations 11966.4, 11966.5, 11966.6, and 11966.7 regarding the criteria, process and timelines for renewing a charter school’s charter, and the renewal denial appeal process. Below is a summary of the key changes most relevant to chartering authorities:
For renewal petitions submitted after November 23, 2011, it is important that chartering authorities diligently determine when its governing board has received the renewal petition to avoid a potential default approval of the charter school’s petition.
Pursuant to the regulations, a school district/county office of education must consider a renewal petition that includes both of the following: (1) documentation that the charter school meets at least one of the academic performance criteria specified in Education Code section 47607(b); and (2) a “reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed.” Therefore, a renewal petition is not deemed received by the chartering authority’s governing board for purposes of triggering the start of the 60-day period, until a determination has been made that the renewal petition meets these threshold requirements.
If you have any questions regarding any of the Title 5 regulation amendments including how they may impact your school district or county office of education, please call one of our six offices.
F3 NewsFlash prepared by Melanie A. Petersen and Bill Schuetz.
Melanie is a partner in the F3 San Diego office.
Bill is an associate in the F3 Sacramento office.
This F3 NewsFlash is a summary only and not legal advice. We recommend that you consult with legal counsel to determine how this new law may apply to your specific facts and circumstances. Information on a free NewsFlash subscription can be found at www.fagenfriedman.com.
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