Every Member Tool
April 2003

Safety and academic concerns have motivated some families to explore options for their children’s education other than the traditional public school system. Charter schools are one option.

The LWVS education committee’s decision to study charter schools was made before the Sacramento City School Board voted to close Sacramento High School in June 2003 and reopen it as a charter school in September 2003. The media attention and the split in the community’s acceptance of the decision have made the study of charter schools more relevant. We are taking no position on this issue but are presenting information only. Britain passed legislation in 1988 to allow “grant maintained schools” – its version of what the United States calls charter schools. The first charter school in the US started in Minnesota in 1991. In 1992, the California legislature passed the Charter Schools Act requiring that charter schools be public schools, providing instruction in some, but not necessarily all, of the grades K-12. (Private schools in California may not be charter schools. Arizona, however, does not require that charter schools be public schools) Currently, there are over 400 approved charter schools in the state.

Highlights of the Charter Schools Act

The purposes of a charter school are to

(a) improve pupil learning, with special emphasis on pupils identified as academically low-achieving;
(b) encourage the use of innovative teaching methods;
(c) create new opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;
(d) provide parents and students expanded educational opportunities within the public school system without the constraints of many traditional rules and structures;
(e) shift schools from a rule-based to a performance-based system of accountability; and
(f) provide competition and incentives with the overall public school system to stimulate improvement in the public schools.

Charter schools are exempt from many California state laws governing public school districts, but must comply with State and Federal Constitutions, the California Charter Schools Act (Education Code Section 47600 et. Seq.); all federal laws such as the Americans with Disabilities Act, the special education law (IDEA), and the Rehabilitation Act; laws that generally apply to governmental entities such as open meeting laws, employment laws, contracting laws, etc.; laws that are specifically a condition of funding for which the school applies (such as K-3 class size reduction); laws establishing minimum age for school attendance; laws governing independent study programs (whether defined as home schooling, distance or computer based learning); the Education Employees Relations Act; state pupil testing requirements (e.g., (API) Academic Performance Index, (CASHEE) California High School Exit Exam) and specific laws related to teachers’ retirement and employee relations.

Charter schools are classified in two broad categories: “Start Up” or new schools and “Conversion schools” of existing public schools. For a “Start Up” school, applicants must obtain signatures for 50 percent of 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. The petition must notify the signatories that, for all intents and purposes, teachers’ signatures mean they are willing to teach in the school. The parents’ signatures mean they are willing to send their children there.

Charter schools are usually created by a group of parents, teachers, and community leaders or a community-based organization. Goals are spelled out in a charter (or agreement). They are approved by the local school board, or the county board of education (CBE) or the State Board of Education (SBE).
The charter must include the following information:

• A description of the proposed education program
• The measurable pupil outcomes identified for use by the school
• The schools’ governance structure including parental participation
• School employee qualifications
• A description of health and safety procedures for pupils and staff
• How the school will achieve racial and ethnic balance reflecting the general population of the school district
• Any admission requirements
• How annual financial audits will be conducted or how audit exceptions will be handled
• How pupils may be suspended or expelled
• Provisions of employee retirement coverage through STRS, PERS, or SSA
• Public school alternatives in the service area for pupils who do not wish to attend the charter school
• The rights of employees who leave the school district’s employ for charter school employment and any rights of return they may have
• The dispute resolution process
• A declaration whether or not the charter school will be the exclusive public school employer of the charter school employees
• Additional information required by the school board, such as the facilities to be used, how administrative services will be provided, and potential civil liability effects to the school or the school district
• Proposed first year operation budget, including start-up costs and cash-flow and financial projections for three years of operations
• Affirmations in accordance with federal/state law that the charter school will be non-sectarian, will not charge tuition, and will not discriminate against any student, including the disabled
• Affirmation that teachers will hold a Commission on Teacher Credentialing certificate, permit, or other equivalent document to teach core or college prep courses. Core classes are usually defined as English, language arts, mathematics, history, social science, and science
• Compliance with government code sections protecting a public education employee’s right to be represented by the collective bargaining process

If a school district denies an application, the applicants may appeal by submitting the petition to the County Board of Education or directly to the State Board of Education. If approved, the school is eligible to receive average daily attendance (ADA) funding for pupils. A charter may be initially granted for up to five years and may be renewed for an unspecified number of five-year increments.

A traditional high school cannot categorically refuse credits from a charter school. Pupils expelled by a charter school will be returned to the jurisdiction of the school district they were eligible to attend prior to enrollment in the charter school.

Funding for Charter Schools

The federal Public Schools Grant program can provide start-up financial help for charter schools. The Educational Code also has available funds through revolving loans of up to $250,000 as well as block grants for ongoing operation.

The ADA given to charter schools does not include reimbursement for facilities or for transportation. SB740 chaptered in the Statutes of 2001 allows reimbursement to charter schools for facilities, but eligibility requirements are strict. Schools may qualify only if they are located in an elementary school attendance area in which at least 70 percent of the pupils are eligible to receive free and reduced priced meals. However, under Prop. 39, passed in November 2002, the district in which the charter school is geographically located must provide facilities.

Charter schools are entitled to funding for special education and services but many times have difficulty accessing these funds.

The ADA received by a charter school can be affected by the number of days in operation per year, by failure to have adequate credentialed teachers for core and college prep courses, or by failure to provide direct teacher supervision to students at least 80 percent of the time.

Consultation Resources

California State University, Sacramento provides assistance to charter schools on drafting charters. It sponsors workshops, has a website, and provides phone assistance.

The California Network of Educational Charters (CANEC) also provides assistance. It functions as an advocate in the legislature and other policy areas and provides training seminars and workshops. It is the recognized charter school membership organization and collective voice of the California charter school community.

Recent Legislation

Legislation now requires that school districts approve charter sites within their district boundaries. If they cannot locate within the district, one site may be established outside the district, but within the county. The school district where the site is located must be notified in advance. Law now allows a County Superintendent of Schools to monitor the school operations located within that county, if parental complaints or other information justify an investigation.

Study and Audit Findings

A 1997 study of charter schools contracted by the office of Legislative Analyst found that a high level of parent involvement was a defining feature. Percentages of low income, special education, and limited English proficient students were similar to the state average, although special education was an area of uncertainty for many.

Seventy-one percent of instructional staff had credentials and nearly two-thirds reported some or all staff were members of unions or other bargaining units.

A study done by California State University, Los Angeles found low-income students were showing greater academic improvement in charter schools than in the traditional public schools.

An audit by the State Auditor in 2002 of four charter-granting entities found a lack of oversight of the charter schools by these granting entities. Their response to the audit was that they did not have legal authority to oversee the charter schools.

Sacramento County Charter Schools

The LWVS committee in contacts with principals and administrators of county charter schools found a variety of reasons for the establishment of local charter schools. Reasons include financial autonomy, the ability to offer a broader range of learning opportunities and, in one instance, concern from parents about the school their children would attend when leaving their elementary school. All require some parental involvement based on what a parent or another family member can provide.

Schools range from those offering total classroom instruction to those providing home schooling or independent study. The largest charter school in the state, Visions in Education, chartered by the San Juan School District, serves eight contiguous counties including Sacramento County. Thirty percent of its children are home schooled, with parents having primary responsibility and credentialed teachers meeting with parents twice a month. The rest are in independent study (one-on-one with a credentialed teacher). These students are athletes and performers who are away from home part of the time or are students who did not perform successfully in a regular school setting and need a “last chance.”

Questions

1) What if families are unwilling or unable to volunteer?
2) Do charter school staffs answer to any elected officials?
3) Could school districts place all low-achieving students in their own charter schools without adding additional programs or services or resources?
4) What questions should parents ask before enrolling their child in a charter school?
5) What questions should teachers ask before applying to teach in a charter school?