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Update for District and County Charter School Authorizers: SB 98 Impacts on Charter Schools

Update for District and County Charter School Authorizers

SB 98 Impacts on Charter Schools

Senate Bill (“SB”) 98, the Budget Education Trailer Bill, signed by Governor Gavin Newsom on June 29, 2020, has several immediate impacts specific to charter schools.

Changes Related to Assembly Bills (“AB”) 1505

SB 98 includes several provisions that amend and/or clean-up provisions of the Charter School’s Act (“Act”) codified under AB 1505, including:

  • Renewal Criteria: Under recent charter school reform legislation, charter schools up for renewal are separated into three categories based on their performance on the California Dashboard: “high,” “middle,” and “low” performing. SB 98 provides that for a “high” or “low” performing charter school for which the two consecutive years immediately preceding renewal include the 2019-20 school year, the authorizer shall consider the charter school’s performance for two of the three years immediately proceeding the renewal decision, instead of only the two years immediately preceding the renewal decision.
  • Grounds for Denial: SB 98 clarifies that for a petition for material revision, the consideration of the two new grounds for denial added by AB 1505 – whether the charter school will serve the interests of the entire community in which the charter is proposing to locate, and whether or not the district is positioned to absorb the financial impact of the proposed charter – are limited only to consideration of the impact of the proposed material revision, and not the entire charter school program.

Additional Changes

  • The State Board of Education cannot waive the requirements of SB 126, which expressly states that charter schools and entities managing charter schools are generally subject to the Ralph M. Brown Act, the Political Reform Act of 1974, Government Code Section 1090, and the California Public Records Act.
  • A charter school is not required to request a material revision to its charter to offer distance learning pursuant to the COVID-19 pandemic and the provisions of SB 98.
  • A charter school that is scheduled to open or add grade levels during the 2020-21 school year may delay opening or adding grade levels for one year without a request for material revision. Note, the charter school must provide notice to its chartering authority and the CDE of that decision no later than July 17, 2020.

Written by:

Edward Sklar, Attorney

Courtney de Groof, Attorney

Emma J. Sol, Law Clerk

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