Resources

YM&C’s one-stop shop for charter school resources.

Resource Docs

Young, Minney & Corr, LLP is dedicated to our clients’ success — which includes providing you with valuable resources above and beyond our direct legal representation and technical assistance. We hope that the following documents will be of use to you.

Local Control Funding Formula Legal Issues

A PowerPoint presentation presented by Paul Minney and Lisa Corr at the Annual Fall Symposium Young, Minney & Corr, LLP hosted in conjunction with CSMC. PDF »

New laws, Regulations, Civil and Criminal Court Cases

A PowerPoint presentation presented by Paul Minney at the Annual Fall Symposium Young, Minney & Corr, LLP hosted in conjunction with CSMC. PDF »

Managing Disruptive Parents

A PowerPoint presentation presented by Janelle Ruley at the Annual Fall Symposium Young, Minney & Corr, LLP hosted in conjunction with CSMC. PDF »

Preparing for Renewal

A PowerPoint presentation presented by Lisa Corr at the Annual Fall Symposium Young, Minney & Corr, LLP hosted in conjunction with CSMC. PDF »

Charter Revocation and Revocation Appeals

A compendium of the statutes and regulations regarding charter revocation and revocation appeals, including the criteria, processes, and timelines for revocation of a school’s charter and appeal of a revocation decision. This compendium is searchable and has an easy to use table of contents. PDF »

Charter Renewal and Appeal of Non-Renewal

A compendium of the statutes and regulations regarding charter renewal and appeal of non-renewal, including the criteria, processes, and timelines for renewal of a school’s charter and appeal of a non-renewal decision. This compendium is searchable and has an easy-to-use table of contents. PDF »

Statutes and Regulations Making Up the Parent Empowerment Act

Attached please find a compendium of the statutes and regulations making up the Parent Empowerment Act – the state’s law permitting parents/guardians of children enrolled in a low achieving school to overhaul the school by signing a petition to implement one of several intervention models. This compendium is searchable and has an easy to use table of contents. PDF »

Pupil Fees and Related Charges and Implementation of AB 1575

An overview, developed in conjunction with the California Charter Schools Association, of the basic legal parameters which apply to California’s charter schools regarding pupil fees and related charges, includes recommendations for charter schools regarding implementation of AB 1575 as well as pupil fee examples. PDF »

Statutes Making Up the Brown Act

A compendium of the statutes making up the Brown Act – the state’s open meeting law applicable to charter schools. This compendium is searchable and has an easy-to-use table of contents. UPDATED Jan 2017 PDF »

Beware Misleading Corporate Solicitations

An example of a misleading corporate compliance notice. PDF »

Grant Opportunity for 20 Charter Schools

Exciting grant opportunity for 20 charter schools that are facing charter renewal in the next three years.

The grant project is called “GRASP” (Governance, Renewal, Assessment, and Strategic Planning). Chosen schools will receive a pre-renewal “house-cleaning” which will include the following:

  1. An assessment to identify best practices and areas of need in charter school operations;
  2. Intensive, tailored legal training in governance and leadership;
  3. Board policy and procedure development and/or revision with regard to governance and personnel operations;
  4. Legal consultation with regard to governance and personnel operations;
  5. Strategic planning.

Click here to read the brochure for more details on the GRASP project. PDF »

How to Acquire Facilities Under Prop. 39

From Sept 1, 2011 – Charter schools are entitled to reasonably equivalent facilities from their district. Districts must treat charter and non-charter school students equitably in the allocation of facilities. Know your entitlements under the law so you can negotiate the best facilities solution for your school. If you are a charter school developer or an operating charter school (conversion or startup) you can benefit from this online workshop. We provide tips for submitting a Prop. 39 request, responding to the District’s offers, and negotiating a facilities use agreement that protects the charter school’s rights. Learn to negotiate shared-use agreements, reduce the pro rata share fees and oversight charge, and to leverage the best agreement possible for your school. Presentation »

Prop. 39 Implementing Regulations 2017-18 and Beyond

A compilation of the Proposition 39 statute (Education Code Section 47614) as well as the revised implementing regulations (approved by the State Board of Education in March 2008) effective for the 2017-18 school year and beyond. Also included is the full text of Proposition 39. See newly revised Proposition 39 request form updated for the 2017-18 school year and application process. PDF »

Technical Assistance For California Charter Schools

This document is one in a series of primers developed in conjunction with the Technical Assistance Customizer Project supported through funds awarded to the National Association of State Directors of Special Education (NASDSE) by the U.S. Department of Education, Office of Elementary and Secondary Education Charter Schools Program. The primers were designed to meet the needs of charter school authorizers, operators, and state officials to ensure the implementation of compliant special education programs in charter schools. PDF »

IRS Charter School Reference Guide

The Director of the IRS division handling Exempt Organizations Rulings and Agreements has issued guidelines to assist IRS Exempt Organizations specialists on how to process requests for tax exemption of charter schools. PDF »

IRS Charter School Guide Sheet

Designed to assist the IRS Exempt Organizations specialists in the process of Form 1023 applications files by charter schools that are seeking exemption under Internal Revenue Code Section 501(c)(3). PDF »

2006 Legislative Summary Letter

The 2006 legislative year ended with several important changes impacting charter school operations summarized by the CDE. PDF »

New Model Oversight MOU from the SBE

This Memorandum of Understanding has been recently released by the Department of Education (September 30, 2006) and is required for execution by a charter school receiving a State Board approved charter on appeal, or statewide charter applicants. Any charter petitioner believing that they might be ultimately seeking a charter from the State Board of Education should review this Memorandum of Understanding before beginning drafting the charter. The California Department of Education has indicated they will review an update this Memorandum of Understanding annually.  PDF »

2005 Legislative Changes Related to Charter Schools

This document identifies and summarizes the significant legislative changes made to the Charter Schools Act during the 2005 legislative session, including modifying the Charter Schools Funding Model and allowing a county superintendent of schools to request a Fiscal Crisis Management and Assistance Team (FCMAT) review of a charter school. PDF »

Suggestions for Reducing Annual Legal Fees

The following is of our Top Ten (actually 15) suggestions developed by the attorneys at YM&C to assist charter schools in reducing annual legal fees. This list was presented as part of YM&C’s Annual Workshop on “Avoiding Revocation, Nonrenewal and Revocable Audit Exceptions!” PDF »

Responsibility Governance and Fiscal Accountibility Guidance and Best Practices

This Knowledge Brief, prepared by YM&C and the California Charter Schools Association, provides guidance and best practices on navigating the governance and fiscal operations of charter schools. It includes discussions on applicable conflict of interest laws and suggests best practices for a number of common but potentially complicated governance situations. PDF »

Guide for Charter Schools About Union Organization

YM&C developed a Guide For Charter Schools to assist them in understanding California’s collective bargaining and labor laws. Please see the attached Guide which was published by the California Charter School’s Association as a Knowledge Brief for charter school operators. PDF »

Charter School Developers

This page links to resources for people interested in opening a charter school. It includes a description of YM&C’s charter development services as well as Power Point presentations and sample documents used by YM&C in their Charter Developer workshops. View »

Advisory Commission on Charter Schools (ACCS) Agendas and Notes

This documents links to all the meeting agendas and minutes of the Advisory Commission on Charter Schools (ACCS) since 2001. View »

CDE Analysis of State Board of Education Appeals

The SBE has approved nine charter petitions on appeal. This link provides a copy of the CDE’s analysis and review of 15 SBE charter petition appeals; it includes their recommendations to the ACCS and State Board of Education. View »

CDE Analysis of Application for Statewide Charter Schools

High Tech High (HTH) received the first SBE approval for a statewide charter school in January of 2006. This link provides the CDE’s analysis of the HTH charter petition and recommendation to the SBE that the petition be approved. PDF »

State Board of Education Model Charter School Application

The State Board of Education approved the model charter school application during its November 12-13th, 2003 meeting. The model charter school application is exemplary, not mandatory. There are three reasons stated by the Department of Education why its use is encouraged:

  1. to ensure the charter petitioners cover all minimum elements required by law in a systematic way;to expedite the process of appeal
  2. provide a measure of uniformity in evaluation from charter authorizer to charter authorizer. If you believe that your charter petition may end up before the State Board of Education on appeal and/or on a denied renewal, it is highly recommended that you adopt and follow the model charter school application.

PDF »

SBE Members and Bios

The State Board of Education (“SBE”) is the governing and policy-making body of the California Department of Education. It has eleven members, including one student member, and sets K-12 education policy in the areas of standards, instructional materials, assessment, and accountability, and can grant waivers from certain educational laws and regulations. The SBE has numerous responsibilities relating to charter schools, including but not limited to:

  1. Selective granting of charter petitions that have been denied or not renewed by local education agencies, but that the State Board determines to have met statutory requirements;
  2. Taking appropriate action, including, but not limited to, revocation with respect to State Board-granted and locally-granted charters under specific circumstances set forth in statute;
  3. Establishing appropriate funding levels for non-classroom-based charter schools;
  4. Jointly with the State Superintendent, approving district-wide charter petitions when those petitions are determined to be satisfactory;
  5. Developing and adopting regulations to implement various provisions of the Charter Schools Act of 1992 (Part 26.8 of the Education Code, commencing with Section 47600);
  6. Approving or denying requests to waive otherwise applicable provisions of law;
  7. Assigning numbers to charter school petitions to ensure that the statutory cap on the number of charter schools is not exceeded; and
  8. Following the passage of AB 2030, overturning charter revocations if the SBE determines that the revocation was not based on substantial evidence.

View »

ACCS Members and Bios

The Advisory Commission on Charter Schools (“ACCS”) was established by the SBE in April of 2002 and is composed of nine members with extensive experience in the field of education. The ACCS advises the SBE on all aspects of the SBE’s duties under the Charter Schools Act of 1992. The ACCS helps with:

  1. Selective granting of charters;
  2. Taking appropriate action, including, but not limited to, revocation of charters;
  3. Establishing appropriate funding levels for non-classroom based charter schools and passing the recommendations on to the SBE for final approval.
  4. Evaluating the charter schools appealing to the SBE for approval (the ACCS then makes a recommendation to the SBE to approve or deny the petition;
  5. Developing charter school-specific regulations for approval by the SBE.

View »

State Board of Education Approved Charter Schools Oversight Documents

Charter schools approved by the State Board of Education will be required to operate under the conditions set forth in these documents:

Duties of Charter School and Oversight Agent

SBE Expectations for Oversight and Supervision

 

State Board of Education Regulations for the Review and Approval of Charter School Petitions on Appeal

UPDATED Jan 2015This document lists the regulations the SBE uses when reviewing the elements of a charter petition submitted for its approval. These regulations attempt to convey to charter petitioners the State Board of Education’s understanding of the meaning of the elements specified in Calif. Educ. Code § 47605(b). PDF »

State Board of Education Regulations for the Review and Approval of Statewide Charter Schools

This document lists the regulations the SBE uses when reviewing the elements of a statewide benefit charter school petition submitted for its approval. These regulations attempt to convey to charter petitioners the State Board of Education’s understanding of the meaning of the elements specified in Calif. Educ. Code § 47605.8. PDF »

Education Audit Appeals Panel Regulations for Audits of Charter Schools

Charter schools are required to undergo yearly independent audits. A challenge to an audit finding is brought before the Education Audit Appeals Panel (EAAP). This link brings together in one convenient location the regulations EAAP uses to review appeals of audit findings. PDF »

The Emerging Influence of the Advisory Commission on Charter Schools

This article, written by Lisa Corr of YM&C and published in CANECtions Magazine, discusses the increasing influence of the Advisory Commission on Charter Schools, especially in areas including funding determinations for non-classroom-based charter schools, reviewing charter petition appeals to the SBE, and special education. PDF »

Harnessing Charter School Employment Flexibility

This article, written by Jim Young of YM&C and published in the CCSA Charter Journal Magazine in 2004, discusses the flexibility enjoyed by charter schools in establishing and maintaining a workforce, and offers suggestions for how charter schools can make the best uses of this flexibility. PDF »

How to Avoid Costly Credentialing Mistakes

This article, written by Paul Minney of YM&C and published in CANECtions Magazine in 2003, discusses the CDE’s position on teacher credentialing in charter schools as well as offering suggestions on appropriate credentialing for core and non-core teachers in charter schools. PDF »

Note: Some above documents are in Adobe Acrobat (.pdf) format. This format allows the retention of all formatting and creates documents that are much smaller than the original word processing files. To be read, .pdf files require the Adobe Acrobat Reader. If you do not already have this application, it can be downloaded for free from Adobe at: http://www.adobe.com/prodindex/acrobat/readstep.html.
If you would prefer to receive the documents in Microsoft Word, please contact Melanie McAlpine at 916.646.1400 or mmcalpine@mycharterlaw.com.

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