This page is designed to provide important legal and legislative updates, as well as charter school resources, related to the coronavirus pandemic. As your school manages the impacts of COVID-19, we hope you find this information to be helpful and encourage you to visit this page often.

Does a charter school have to maintain attendance accounting after February 29, 2020?

Answer: There is nothing in Executive Order N-26-20, SB 117, or the CDE or Federal Guidance that would require attendance to be kept during a school closure while educational opportunities are offered to students. However, as a charter school proceeds with offering educational opportunities through a distance learning plan during school closure, the charter school should be communicating with parents as to the expectations for student engagement in the educational opportunities the School is offering. The adoption of a policy which sets forth the charter school’s requirements with regard to student minimum levels of participation will ensure that all decisions regarding grading and credit are handled consistently, and would help to avoid any claim of discrimination. Such a policy should provide for how much academic credit a student can earn, and whether work during this time of school closure will count toward graduation requirements, class rank, and valedictorian status. Depending upon the policy set forth by the charter school, keeping some form of documented attendance could be helpful:

  1. As a tool for grading, or granting credit consistent with the expectations set forth to families by the charter school;
  2. Maintaining continuity of process for teachers so that they don’t lose practice with “typical” schoolwide procedures (this is especially true for nonclassroom based schools which would typically have extensive attendance documentation requirements); and
  3. As documentation the educational opportunities being offered to students.

The decision to choose to continue to take attendance in some manner during the period of school closure, will differ from charter school to charter school depending upon the expectations of the charter school as to student engagement in educational opportunities during the closure. We would recommend that each schoolwork with legal counsel, as needed, to develop a policy that is appropriately tailored to the charter school.

As a Nonclassroom based charter school, should we close or should we continue to operate?

Answer: Nothing in the Executive Order, SB 117, CDE or USDOE guidance required any school to close but allows each school to make a local decision in alignment with County and State Health Department directives. Further, nothing in the Executive Order or SB 117 defined what it means to be “closed.” As such, it is not clear whether the CDE would consider a nonclassroom based school to be “closed” if it merely prohibits access to its facilities, but otherwise remains operational. The decision of each nonclassroom charter school to “close” while continuing to offer educational opportunities should be considered on a case-by-case basis in consultation with legal counsel and back office business administrators as applicable. The decision should take into consideration multiple factors including but not necessarily limited to:

  • Any increases in P2 attendance accounting beyond February 29, 2020;
  • The SB 117 waivers of certain timelines for closed schools – i.e. assessment plans and uniform complaint timelines;
  • The ability/desire of the school to potentially assume a temporary influx of new students who flock to an open school;
  • The ability of the charter school to maintain essential operations under any staffing limitations;
Is there a written notice to law enforcement regarding essential employee status available if I am stopped on my way to work?

Answer: Gov. Gavin Newsom issued Executive Order – 33 – 20 on March 19, 2020 which directed all California residents to stay at home except as needed to maintain continuity of operations of federal critical infrastructure sectors. Under state and federal law public school are exempt from the Executive Order as part of the state’s critical infrastructure sector. Employees that are essential to maintaining the continuity of operations of the charter school are allowed to continue performing assigned job duties on behalf of the charter school, including but not limited to, travel to and from work, completing job functions etc. In case any employee is stopped by law enforcement or National Guard the attached “Notice to Law Enforcement: Essential Employee Status” could be used to demonstrate that the employee has the right to proceed to and from work etc. Download a copy of this Notice here.

Do the Governor’s Executive Orders allow us to hold an entirely virtual board meeting under the Brown Act?

Answer: Charter schools may now hold public meetings via teleconferencing in accordance with the Governor’s Executive Order. However, public meetings must be accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Please note you are required to implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation and resolving any doubt whatsoever in favor of accessibility.

Charter schools still need to comply with the timelines for posting agendas, including putting the agenda as a direct link on the home page of their website. The agenda must give notice of the means by which members of the public may observe and participate (e.g., conference call dial in number etc.). The agenda does not need to list the address from where each Board member will be calling in, agendas do not need to be posted at those locations, and the charter school does not need to make those locations accessible to the public or ensure that members of the public may address the body at those locations. Charter schools with multiple school sites or learning centers do not need to establish teleconference accessibility at those locations. And a quorum of the Board does not need to participate from locations within the boundaries of the territory over which the charter school exercises jurisdiction. These changes only apply during the period in which state or local public health officials have imposed or recommended social distancing measures.

Additionally, the Governor has not waived the requirement that entities operating multiple charter schools in more than one county audio record, video record, or both the meetings of the charter school board and post them to each charter school’s website.

March 20, 2020

COVID-19: YM&C’s Legal Guidance for Charter School Leaders
Download presentation »

March 20, 2020

Questions and Answers for Nonclassroom-Based Charter Schools Regarding Legal Issues Surrounding COVID-19
Download presentation »

March 24, 2020

Emergency Employment Preparedness: New Labor and Employment Laws for Charter Schools in Response to COVID-19  Read more »

March 13, 2020

Governor’s New Executive Order Regarding Charter School Closures: What To Do Now
Read more »

March 20, 2020

Important Highlights Concerning SB 117, Recent State Guidance, and Governor’s New Executive Orders  Read more »

March 10, 2020

Ensuring California’s Charter Schools Respond Efficiently to the Threat & Impacts of Coronavirus (COVID-19): Understanding Legal Considerations and Taking Proactive Measures  Read more »

March 24, 2020

Emergency Employment Preparedness: New Labor and Employment Laws for Charter Schools in Response to COVID-19  Read more »

March 20, 2020

Important Highlights Concerning SB 117, Recent State Guidance, and Governor’s New Executive Orders
Read more »

March 13, 2020

Governor’s New Executive Order Regarding Charter School Closures: What To Do Now  Read more »

March 10, 2020

Ensuring California’s Charter Schools Respond Efficiently to the Threat & Impacts of Coronavirus (COVID-19): Understanding Legal Considerations and Taking Proactive Measures
Read more »

Sources of Up-to-Date Information

Local, state, and federal health authorities and governmental agencies (Centers for Disease Control (“CDC”), California Department of Education (“CDE”), California Department of Public Health, and the Governor’s Office) have issued and will continue to issue regular updates and guidance regarding COVID-19. To receive regular updates, consider regularly checking the following websites along with your county department of health:

California Department of Public Health
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx

The California Department of Public Health is providing statewide guidance regarding responding to COVID-19. Although this guidance is often more general in nature, it does provide some insights that will be helpful for school leaders.

California Department of Education
https://www.cde.ca.gov/ls/he/hn/coronavirus.asp

The California Department of Education has provided both general guidance to schools during this time of school closures as well as specific guidance pertaining to school finance. These links take you to both sets of guidance, which we anticipate will be updated as circumstances change.

California Governor Gavin Newsom
https://www.gov.ca.gov/newsroom/

The Governor has declared a State of Emergency and has issued a number of Executive Orders waiving portions of State laws and regulations that would make responding to the pandemic more difficult. He has also mandated that all Californians stay home unless they are working in jobs in essential industries. His press releases contain information about these actions and links to the Executive Orders themselves.

Centers for Disease Control
https://www.cdc.gov/

The Centers for Disease Control provides federal information and guidance relating to COVID-19.

Contact YM&C with any legal questions or concerns you may have:

Contact YM&C with any
legal questions or concerns
you may have:

Jerry Simmons, ESQ.
Partner
jsimmons@mycharterlaw.com
916.646.1400

Jerry Simmons, ESQ.
Partner
jsimmons@mycharterlaw.com
916.646.1400

Lisa Corr, ESQ.
Partner
lcorr@mycharterlaw.com
916.646.1400

Lisa Corr, ESQ.
Partner
lcorr@mycharterlaw.com
916.646.1400

Chastin Pierman, ESQ.
Partner
cpierman@mycharterlaw.com
916.646.1400

Chastin Pierman, ESQ.
Partner
cpierman@mycharterlaw.com
916.646.1400

YM&C Legal Alerts do not constitute legal advice but are solely intended as a general resource to assist charter schools. For specific legal advice under the particular facts of your school’s situation, legal counsel should be consulted.

Champions of Outstanding Choices in Public Education for All Children