BOARD POLICY - 0420.43

The Governing Board (Board) expects any charter school it authorizes to provide a sound educational program that promotes student learning and to carry out its operations in a manner that complies with law and the terms of its charter.  The Board may revoke a charter in accordance with law.  

Severe and Imminent Threat

When the Board determines, in writing, that any violation under Education Code 47607 constitutes a severe and imminent threat to the health or safety of students, the Board may immediately revoke the school's charter. When such a determination is made, the Board shall approve and deliver to the charter school's governing body, the County Board of Education, and the California Department of Education (CDE) a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety.  (Education Code 47607; 5 CCR 11968.5.3) 

Revocation Procedures

In all other circumstances, the Board may revoke a charter after providing due process and using the procedures described below.  The Board may revoke a charter if it makes a written factual finding that is specific to that charter school and is supported by substantial evidence that the charter school has done any of the following:  (Education Code 47607) 

1. Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. 
2. Failed to meet or pursue any of the student outcomes identified in the charter. 
3. Failed to meet generally accepted accounting principles or engaged in fiscal mismanagement. 
4. Violated any provision of law.

The Board shall also consider revoking the charter of any charter school for which the California Collaborative for Educational Excellence (CCEE) has provided advice and assistance pursuant to Education Code 47607.3 and if CCEE has issued either of the following findings:  (Education Code 47607.3) 

1. That the charter school has failed or is unable to implement the recommendations of the CCEE. 
2. That the inadequate performance of the charter school, as based on the California School Dashboard, is so persistent or acute as to require revocation of the charter. 

In determining whether to revoke a charter, the Board shall consider increases in student academic achievement for all numerically significant groups of students served by the charter school, as defined in Education Code 52052.  (Education Code 47607, 47607.3) 

If the Board is considering a revocation of a charter school, it shall take action to approve and deliver a Notice of Violation to the charter school's governing body.  The Notice of Violation shall identify: (Education Code 47607; 5 CCR 11965, 11968.5.2) 

1. The charter school's alleged violation(s). 
2. All evidence relied upon by the Board in determining that the charter school committed the alleged violation(s), including the date and duration of the alleged violation(s).  The Notice shall show that each alleged violation is both material and uncured and that it occurred within a reasonable period of time before the Notice of Violation is issued. 
3. The period of time that the Board has concluded is a reasonable period of time for the charter school to remedy or refute the identified violation(s).  In identifying this time period, the Board shall consider the amount of time reasonably necessary to remedy each identified violation, which may include the charter school's estimation as to the anticipated remediation time. 

At least 72 hours prior to any meeting at which the Board will consider issuing a Notice of Violation, the Board shall provide the charter school with notice and all relevant documents related to the proposed action.  (5 CCR 11968.5.2)  

By the end of the remedy period identified in the Notice of Violation, the charter school's governing body may submit to the Board a detailed written response and supporting evidence addressing each identified violation, including, as applicable, a refutation, remedial action taken, or proposed remedial action.  (5 CCR 11968.5.2) 

At the conclusion of the remedy period specified in the Notice of Violation, the Board shall evaluate any response and supporting evidence provided by the charter school's governing body and shall take one of the following actions:  (5 CCR 11968.5.2) 

1. Discontinue revocation of the charter and provide timely written notice of such action to the charter school's governing body. 
2. Continue revocation of the charter, by issuing a Notice of Intent to Revoke to the charter school's governing body within 60 calendar days of the conclusion of the remedy period, if there is substantial evidence that the charter school has failed to remedy a violation identified in the Notice of Violation or to refute a violation to the Board's satisfaction. All evidence relied upon by the Board for the decision shall be included in the Notice of Intent to Revoke. 

If the Board issues a Notice of Intent to Revoke, it shall hold a public hearing concerning the revocation on the date specified in the notice, which shall be no later than 30 days after providing the notice.  Within 30 calendar days after the public hearing, or within 60 calendar days if extended by written mutual agreement of the Board and the charter school, the Board shall issue a final decision on the revocation of the charter.  (Education Code 47607; 5 CCR 11968.5.2) 

If the Board fails to meet the timelines specified above for issuing a Notice of Intent to Revoke or a final decision, the revocation process shall be deemed terminated.  (5 CCR 11968.5.2) 

Within 10 calendar days of the Board's final decision, the Superintendent or designee shall provide a copy of the final decision to CDE and the County Board.  (Education Code 47604.32; 5 CCR 11968.5.2) 

Appeals

If the Board revokes a charter, the charter school may, within 30 days of the Board's final decision, appeal the revocation to the County Board.  The County Board's decision may subsequently be appealed to the State Board of Education by either the charter school or the district.  However, a revocation based upon the findings of CCEE pursuant to Education Code 47607.3 may not be appealed.  (Education Code 47607, 47607.3; 5 CCR 11968.5.3-11968.5.5) 

School Closure 

If a charter school ceases operation due to revocation, the Board and/or the charter school shall implement the school closure procedures specified in the charter in accordance with Education Code 47605 and 5 CCR 11962.  (Education Code 47603.32) 

 

Policy Adopted: July 11, 2023