by John Shu
In 1992, California became the second state to permit charter schools. A charter school is a public school which provides K-12 instruction. They are therefore at least partially government funded. Students choose to enroll in a charter school. Charter schools may serve students from adjacent counties. The California Charter Schools Act, California Education Code (CEC) § 47600 et seq., is the primary state legislative series governing charter schools. For example, § 47610 exempts charter schools from most of the state statutes and regulations which apply to school districts. Charter schools, however, still must comply with federal requirements, such as, but not limited to, the Individuals with Disabilities Education Improvement Act, the Americans with Disabilities Act, § 504 of the Rehabilitation Act, the No Child Left Behind Act of 2001, and any requirements that are a condition of receiving federal funding.
Parents, teachers, or community members may start a charter school by initiating a charter petition, which a local school district governing board must approve. In certain circumstances, county boards of education and the State Board of Education may authorize charter schools. The charter agreement between the charter developer and the government entity authorizing the charter details the school’s specific goals and operating procedures. Charter schools which successfully complete an accreditation process, such as that of the Western Association of Schools and Colleges, receive accreditation.
Charter schools are popular in California, which leads the nation in both the actual number of charter schools as well as the rate of growth of charter schools. Just under 10% of California’s public schools are charter schools. The actual number of charter schools changes often due to frequent closures and openings.
Charter schools are different from magnet schools and private schools. Students and parents should be aware that traditional public high schools or private high schools may refuse to accept credits from students transferring from a charter school. CEC §§ 47605, 47605(b)(5)(A)(ii). Charter schools often do not receive the same level of resources and facilities access that traditional district public schools do. Charter schools, because they are considered public schools, may teach about religion, but may not teach a sectarian curriculum, such as that of a Catholic school, for example. CEC § 47605(d).
In 2010 California became the first state to pass a “parent trigger law.” CEC §§ 48350 et seq., 53300 et seq. California parents who are dissatisfied with a poorly performing public school, as defined under CEC § 53201, may petition to take one of four options: (1) convert the school into a charter school, (2) replace the staff and make budget decisions, (3) dismiss the principal and other senior staff, or (4) dissolve the school and relocate the students to other schools. California Code of Regulations, Title 5, § 4801. At least half of the school’s parents or legal guardians must sign the petition in order for it to become effective, at which time the school district must implement the chosen option. CEC § 53200 et seq.
The parent trigger process is lengthy, difficult, litigious, and controversial. It has only been done a few times in California. Moreover, the teachers’ unions, the National Association of Secondary School Principals, and other similar special interest groups strongly oppose parent trigger laws and any action taken under those laws.
These special interest groups and unions, generally speaking, also oppose charter schools. For example, in 2011 the California teachers’ unions pushed a bill which would have put a hard limit on the number of charter schools in California. While it did not pass, the teacher’s unions are certainly able to try again.
So long as California does not allow vouchers or public scholarships for kids to attend private schools, parents will continue to demand charter schools. California’s resistance to school vouchers is political, in that teachers’ and administrators’ unions and their political allies (who are almost always Democrats) are against vouchers, as well as legal. For example, California Constitution Article IX, § 8 and Article XVI, § 5, along with the accompanying caselaw, very strictly limits what public monies may go towards educating outside the public school system. Thus, charter schools are a way for parents to achieve the accountability and flexibility in staffing, budgeting, curriculum, and standards that they desire. At the same time, parents and school districts must work together to ensure that charter schools receive the funding and facilities access that they need and deserve.
John Shu is an attorney and author of the Law & Public Policy Column. Mr. Shu served both President George H.W. Bush and President George W. Bush, and clerked for Judge Paul H. Roney, U.S. Court of Appeals for the Eleventh Circuit.
