What is a charter school?

A charter school is a public school and may provide instruction in any of grades K-12. A charter school is usually created or organized by a group of teachers, parents and community leaders or a community-based organization and is usually sponsored by an existing local public school board or county board of education. Specific goals and operating procedures for the charter school are detailed in an agreement (or "charter") between the sponsoring board and charter organizers.

A charter school is generally exempt from most laws governing school districts, except where specifically noted in the law. California public charter schools are required to participate in the statewide assessment test, called the STAR (Standardized Testing and Reporting) program. The law also requires that a public charter school be nonsectarian in its programs, admission policies, employment practices, and all other operations, and prohibits the conversion of a private school to a charter school. Public charter schools may not charge tuition and may not discriminate against any pupil on the basis of ethnicity, national

origin, gender, or disability.

What is the purpose of a "charter school?"
The purpose of a charter school is to: (1) improve pupil learning; (2) increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils identified as academically low achieving; (3) encourage the use of different and innovative teaching methods; (4) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; (5) provide parents and students with expanded educational opportunities within the public school system without the constraints of traditional rules and structure; (6) provide schools a way to shift from a rule-based to a performance-based system of accountability; and (7) provide competition within the public school system to stimulate improvements in all public schools. [Ref. Education Code §47601]
Who is eligible to write a charter?
Anyone may write a charter. However, for new charter schools (not conversions of existing public schools), charter developers must obtain the signatures of either 50 percent of the teachers meaningfully interested in teaching at the school, or 50 percent of the parents of pupils expected to enroll at the school. For conversion schools, signatures of 50 percent of the teachers at the school to be converted are required. [Ref. Education Code §47605(a)]
What are the restrictions on the establishment of a charter school?
There are a few restrictions on the establishment of a charter school. The law expressly prohibits the conversion of private schools to public charter schools. A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A charter school may not discriminate against any pupil, and may not charge tuition. In addition, the school’s charter must include a description of the school’s means for achieving a racial and ethnic balance among its pupils that is reflective of the general population residing in the district. Pupils may not be required to attend a charter school, nor may teachers be compelled to teach there. [Ref. Education Code §§47602(b), 47605(b), (d), (e), and (f)]
Who may approve a charter school petition?
Under California law, it is the local school district governing board that serves as the primary chartering authority. A petitioner may seek approval of a charter from a county board of education, if the pupils to be served are pupils that would normally be provided direct education and related services by the county office of education. Petitioners may request the county board of education or the State Board of Education (SBE) to review a charter petition, if the petition has been previously denied by the local school district governing board. [Ref. Education Code §47605(b) and (j)]
What is the timeline for developing and approving a charter petition?
Charter developers may begin developing their charter petition at any time. The law specifies that a local governing board must hold a public hearing to consider the proposed charter within 30 days from receipt of the completed petition, and, within 60 days from receipt of the petition, must either grant or deny the charter. This timeline may be extended by 30 days if both parties agree to the extension. Once approved by a local board, a charter petition must be forwarded to the SBE for assignment of a charter number. [Ref. Education Code §47605(b)]
On what basis might a local governing board deny a charter?
The law specifies that the chartering authority should be guided by legislative intent, which encourages the establishment of charter schools. A school district governing board may not deny a charter unless it makes written factual findings, specific to the particular petition, that: (1) the charter school presents an unsound educational program; (2) the petitioners are demonstrably unlikely to successfully implement the program set forth in the petition; (3) the petition does not contain the required number of signatures; (4) the petition does not contain an affirmation of each of the conditions described in Education Code Section 47605(d); or (5) the petition does not contain reasonably comprehensive descriptions of all of the 15 required elements of the petition. [Ref. Education Code §47605(b)]

What are the required elements of a charter petition?
Each charter petition must contain reasonably comprehensive descriptions of each of 15 required elements, at a minimum. They are:

[Ref. Education Code §47605(b)(5)(A-O)]
What other information, if any, is required of petitioners?
While not part of the 15 elements required to be addressed in the petition, school district governing boards must also require petitioners to provide information regarding the proposed operation and potential effects of the school, including, but not limited to:

Further, petitioners are required to provide financial statements that include a proposed first-year operational budget, including start-up costs and cash-flow and financial projections for the first three years of operation.
Finally, each charter petition must contain the following affirmations:

[Ref. Education Code §47605(d) and (g)]
Can the governing board amend the charter prior to adoption?
The charter may be amended by the governing board if the petitioners agree. However, if the charter has been amended substantively, the petitioners must re-obtain signatures from the requisite number of teachers or parents.
What happens if a district denies a charter request?
If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to either the county board of education or directly to the SBE. A charter petition that has been denied by the governing board of a school district must be received by the county board of education or the SBE not later than 180 calendar days after the denial. Any petition received more than 180 calendar days after denial will not be acted upon by either the county board of education or the SBE. Reviews by a county board of education must be completed within 60 days of receipt, but an extension of up to 30 days is possible if both parties are willing. Not later than 90 days after receiving a complete petition package and following review of the petition and a public hearing, the SBE must schedule, at its next regular board meeting, an action item to grant or deny the charter petition. This date may be extended by an additional 30 days if both parties agree.