Charter Schools Office FAQ - Legal Compliance
The information below relies heavily on the California Department of Education’s website at http://www.cde.ca.gov/sp/cs/re/cefcharterschools.asp, and, where applicable, Santa Clara County Board of Education policy. The California Education Code is referred to below as Education Code or EC. These FAQs will be expanded periodically to include additional questions and answers.
- Q: From what laws are charter schools exempt?
A: Charter schools are generally exempt from California State laws governing school districts, except where specifically imposed by California Education Code (EC) Section 47610. Some of the laws with which charter schools must comply are:- State and federal constitutions.
- The California Charter Schools Act (EC Section 47600 et. seq.).
- All federal laws (e.g., Individuals with Disabilities Education Improvement Act, Americans with Disabilities Act, and the Rehabilitation Act).
- All laws that are a condition of funding for a specific program for which the charter school chooses to participate (e.g., No Child Left Behind [NCLB] Act of 2001)
- Laws establishing minimum age for school attendance.
- Laws governing non classroom-based programs (whether defined as independent study, home schooling, distance learning, personalized learning or virtual).
- Educational Employees Relations Act (California Government Code Section 3540 et. seq.).
- State pupil testing programs (e.g., Physical Fitness Test, Standardized Testing and Reporting, CaliforniaAssessment of Student Performance and Progress [CAASPP], English Language Proficiency Assessments for California [ELPAC].)
- Specific provisions of law related to teachers’ retirement and employee relations.
- The Ralph M Brown Act (EC 47604.1)
- The California Public Records Act (EC 47604.1)
- The Political Reform Act of 1974 (EC 47604.1)
Government Code 1090 (EC 47604.1)
Q: Are charter schools exempt from federal requirements?
A: No. While EC Section 47610 exempts charter schools from most of the California laws governing school districts, charter schools are not exempt from federal requirements. Some examples of federal laws with which charter schools must comply are the Individuals with Disabilities Education Improvement Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the No Child Left Behind Act of 2001, ESSA, and any requirements that are a condition of receiving of federal funding.Q: Are charter schools required to have a school site council or a Single Plan for Student Achievement?
A: No. EC Section 47610 exempts charter schools from most EC sections, including the requirement for the “Single Plan for Student Achievement” and “school site councils” referenced in EC Section 64001.Q: Are charter schools subject to open meeting requirements?
A: Yes. Although charter schools are exempt from most laws applicable to school districts, they are not exempt from laws that generally apply to all public agencies, including the legal requirement to hold open meetings. California Government Code Section 54950 et. seq. (commonly referred to as the “Brown Act”) requires that the deliberations and actions taken by local public agencies be conducted openly (EC 47604.1).- Q: What health and safety requirements apply to charter schools?
A: EC Section 47605(c)(5)(F) specifies that the charter must describe the procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures must include the requirements that each employee of the school furnish the school with a criminal record summary as described in EC Section 44237, a full description of a school's health and safety policies which may include a variety of issues, such as immunizations, tuberculosis testing, and disaster procedures. The California Health and Safety Code Section 124085 requires children to have a comprehensive health screening and evaluation upon school entry.
