Charter School Revocations

Instructors Stephanie Medrano Farland, Senior Policy Consultant, CSBA

Why This Webinar Advisory Commission on Charter Schools California State Board of Education decisions

When can an Authorizer Revoke? A charter may be revoked by the authority that granted the charter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:(Education Code 47607): –Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. –Failed to meet or pursue any of the pupil outcomes identified in the charter. –Failed to meet generally accepted accounting principles or engaged in fiscal mismanagement. –Violated any provision of law.

Steps Districts Must Follow Notice of Violation –Reasonable Opportunity to Cure –Cure Period: how long? –No cure if severe and imminent threat to health and safety What is the district/COE’s standard for curing violation? What is the next step if charter does not comply?

Steps, continued…. Notice of Intent To Revoke Notice of Facts in Support of Revocation –After expiration of cure period –Who sends? –Board action required? –Does the district/COE have to formally meet with charter? –What information must district/COE provided in their revocation notices? –Consideration of charter school response What is the timeline for revocation? Public Hearing within 30 days of Notice Decision within 30 days of Public Hearing

Revocation Appeals What is the timeline for a charter to appeal its revocation? –Within 30 days of final decision To which body must they appeal? –District revocation to COE –COE revocation to State Board –District can appeal COE reversal to State Board –Charter can appeal to State Board if COE does not act within 90 days –COE revocations are appealed to State Board

Revocation Appeals Revocation upheld if support by substantial evidence “Evidence is substantial if any reasonable trier of fact could have considered it reasonable, credible and of solid value.” Kearl v. Board of Medical Quality Assurance (1986) 189 Cal.App.3d 1040 If revocation is reversed, charter returns to original granting agency Charter School may continue operating pending appeal unless revocation based on violation of law or failure to meet generally accepted accounting principles or fiscal mismanagement

Questions

CONTACT INFORMATION John R. Yeh Attorney Miller Brown & Dannis

Contact Information Stephanie Medrano Farland Senior Policy Consultant, CSBA