Resources

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

Charter Resources

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, templates and links will be of use to you. Use the buttons below to quickly jump to the resource section you’re searching for.

YM&C Firm Brochure

Helpful information about Young, Minney & Corr, LLP. Download »

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Key California Charter School Laws & Regulations

An annual compilation reflective of laws effective January 1, 2020. Download »

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Statutes Making Up the Brown Act

A compendium of California Government Code Sections 54950-54963. Download »

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Facilities for Charter Schools in California

Two comprehensive guides advising charter schools on all aspects of their facilities.

1) Leasing and Buying Commercial Properties for Charter School Use Download »

2) Planning and Permitting the Construction and Development of Facilities for Charter Schools in California Download »

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Proposition 39 and the Implementing Regulations

A conveniently condensed booklet of Proposition 39 and the Implementing Regulations. Download »

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. Download »

Managing Disruptive Parents

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

Preparing for Renewal

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

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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. Download »

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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. Download »

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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. Download »

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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. Download »

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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. Download »

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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. Download »

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Beware Misleading Corporate Solicitations

An example of a misleading corporate compliance notice. Download »

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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. Download »

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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. Download »

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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). Download »

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2006 Legislative Summary Letter

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

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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. Download »

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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!” Download »

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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. Download »

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.

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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.

Download »

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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 Download »
SBE Expectations for Oversight and Supervision Download »

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

This 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). Download »

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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. Download »

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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. Download »

These sample documents do not constitute legal advice
As the information contained in these documents is necessarily generally, or created to meet a client’s particular factual circumstances, their application to a particular set of facts and circumstances may vary. We do not recommend that you act on this information or rely on these sample documents without consulting legal counsel. If you have any questions, please contact us at info@mycharterlaw.com.​

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Sample Proposition 39 Form and Instructions

Newly updated for the 2020-21 school year and beyond. This document provides charter schools with a template it can use in requesting facilities from a school district under Proposition 39. It also includes detailed instructions on how to fill out the template request, what information that will need to be attached to the request, and a sample intent to enroll form.

Form and instructions Download »
Prop. 39 and Implementing Regulations Download »
Spanish version of re-enroll form Download »
PowerPoint presentation in partnership with CCSA regarding Prop. 39 requests for 2010-11 school year Download »

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Facilities Review Checklist

Many charter schools use facilities provided by religious institutions. While this is legal the charter school’s location in a facility alongside religious institution can trigger separation of church and state issues (i.e., establishment of religion). This Checklist can be used to assess the facility to determine if changes or modification need to be made to the facility in order to avoid a lawsuit or legal challenge by the granting agency. Download »

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Independent Study Legal Compliance Checklist

The Independent Study Legal Compliance Checklist enumerates the basic legal requirements for a nonclassroom based charter school along with the corresponding legal citation, and a column for checking when legal requirements are completed. Non-classroom based charter schools may use this list to perform a self-assessment in order to ensure legal compliance in an area where even the small most technical errors could mean loss of apportionment. Download »

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Stipulated Use Agreement for Release of Records

This document can be used in the situation where a charter school agrees to provide directory information on its students to substantiate a request for Proposition 39 facilities. Although not legally required to provide this information to support a Prop. 39 request, should a charter school choose to release information about it students (e.g., name, address etc) it should do so only if the receiving school district executes a form of confidentiality agreement. Download »

California Charter Schools Association (CCSA)

The California Charter Schools Association is the membership and professional organization serving the more than 500 public charter schools in the State of California. Its mission is to increase student achievement by strengthening and expanding public charter schools throughout California. Website »

Charter Schools Development Center (CSDC)

The goal of the CSDC is to help public education change from a highly regulated, process-based system to one that allows and encourages schools to be more creative, performance-based centers of effective teaching and learning. It aims to achieve this by providing technical assistance to the charter school reform movement in California, nationally, and internationally. Website »

California Department of Education

The California Department of Education (CDE) oversees the state’s diverse and dynamic public school system that is responsible for the education of more than seven million children and young adults in more than 9,000 schools. The CDE and the State Superintendent of Public Instruction are responsible for enforcing education law and regulations; and for continuing to reform and improve public elementary school programs, secondary school programs, adult education, some preschool programs, and child care programs. The CDE’s mission is to provide leadership, assistance, oversight, and resources so that every Californian has access to an education that meets world-class standards. The CDE is committed to working in partnership with local schools to improve student achievement. Many charter school resources can be found on the CDE website. Website »

California Commission on Teachers Credentialing

The California Commission on Teacher Credentialing is an agency in the Executive Branch of the California State Government. It was created in 1970 by the Ryan Act and is the oldest of the autonomous state standards boards in the nation. The major purpose of the agency is to serve as a state standards board for educator preparation for the public schools of California, the licensing and credentialing of professional educators in the State, the enforcement of professional practices of educators, and the discipline of credential holders in the State of California. Website »

US Department of Education

In fulfilling the purposes described by Congress, the Department engages in four major types of activities. It establishes policies relating to federal financial aid for education, administer distribution of those funds, and monitor their use. The Department of Education collects data and oversees research on America’s schools and disseminates this information to educators and the general public. It identifies the major issues and problems in education and focuses national attention on them. The Department of Education enforces federal statutes prohibiting discrimination in programs and activities receiving federal funds and ensures equal access to education for every individual. Website »

California Attorney General

The Attorney General (AG) represents the people of California in civil and criminal matters before trial, appellate and the supreme courts of California and the United States. The Attorney General also serves as legal counsel to state officers and, with few exceptions, to state agencies, boards and commissions. Exceptions to the centralized legal work done on behalf of the state are listed in Section 11041 of the Government Code. The AG website includes many helpful resources including publications on compliance with the Brown Act and conflict of interest laws. Website »

Charter School Leadership Council

The charter School Leadership Council has changed its name to the National Alliance for Public Charter Schools to better reflect the organization’s mission. Despite this change, the Alliance maintains the same leadership team and mission: increasing the number of high-performing charter schools available to America’s families. Website »

NSBA Legal Clips

This free service of the National School Boards Association’s Office of the General Counsel provides current and informative legal clips to keep you abreast of national issues related to school law. Website »

Business Roundtable for Education

The Business Roundtable for Education is the voice of business to improve education in the San Diego region. They work in partnership with the business and educational communities on education issues. Website »

California Secretary of State

Including regional offices in San Francisco, Los Angeles, San Diego and Fresno, the Secretary of State’s staff of 450 perform numerous other functions, including chaptering all bills passed by the Legislature and signed by the Governor or allowed to become law without the Governor’s signature; handling applications for incorporation, limited partnerships, non–profit status, and other business classifications. Website »

California’s Coalition for Adequate School Housing (CASH)

The Coalition for Adequate School Housing (C.A.S.H.) was formed in 1978 to promote, develop, and support state and local funding for K-12 construction. Website »

California State Assembly

The members of the California Assembly welcome your input on their bills. You may search the full text of California bills, resolutions, and constitutional amendments on this website. Website »

California State Controller’s Office

The primary function of the State Controller is to provide sound fiscal control over both receipts and disbursements of public funds; to report periodically on the financial operations and condition of both state and local government; to make certain that money due the state is collected through fair, equitable and effective tax administration; to provide fiscal guidance to local governments; to serve as a member of numerous policy-making State boards and commissions; and to administer the Unclaimed Property and Property Tax Postponement Programs. Website »

California State Senate

To be enacted into law, a measure must be approved by the appropriate policy and fiscal committees in both the 40-member Senate and 80-member Assembly, and receive enough votes from the entire membership of both houses to pass. It is then sent to the Governor who may veto the bill or sign it into law. A bill might take a year or more to move through this process. During that time, there is ample opportunity for citizens to express their opinions and concerns and to influence legislation. Visit this website to learn more about this process or to express your opinion about any pending legislation. Website »

Division of State Architect

The Division of the State Architect (DSA) acts as California’s policy leader for building design and construction, and provides design and construction oversight for K–12 schools and community colleges. Website »

Office of Administrative Law

The Office of Administrative Law is responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in California’s Administrative Procedure Act, for transmitting these regulations to the Secretary of State and for publishing regulations in the California Code of Regulations. Website »

Office of the State Fire Marshall

The Office of the State Fire Marshal (SFM) supports the mission of the California Department of Forestry and Fire Protection (CDF) by focusing on fire prevention. SFM provides support through a wide variety of fire safety responsibilities including: regulating buildings in which people live, congregate, or are confined; by controlling substances and products which may, in and of themselves, or by their misuse, cause injuries, death and destruction by fire; by providing statewide direction for fire prevention within wildland areas; by regulating hazardous liquid pipelines; by reviewing regulations and building standards; and by providing training and education in fire protection methods and responsibilities. Website »

Public Employment Relations Board

The Public Employment Relations Board (PERB or Board) is a quasi-judicial administrative agency charged with administering the collective bargaining statutes covering employees of California’s public schools, charter schools, colleges, and universities, employees of the State of California, employees of California local public agencies (cities, counties and special districts), trial court employees and supervisory employees of the Los Angeles County Metropolitan Transportation Authority. Website »

Office for Civil Rights

The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. Website »

EdSource

EdSource was originally established as the California Coalition for Fair School Finance in 1977 by three well-known and respected community service organizations: the California Parent Teacher Association, the League of Women Voters of California, and the American Association of University Women, California chapter. Their goal was to establish a neutral, balanced, reliable source of information to explain California’s controversial Serrano v. Priest court decision mandating equity of funding among all the state’s school districts. Since that time, EdSource has broadened the public education policy topics it researches and has widened its audiences to include policymakers, researchers, K–12 and college educators, the media, parents, and the general public. Website »

Education Audit Appeals Panel (EAAP)

The Education Audit Appeals Panel (EAAP) is a state agency that is empowered to hear appeals for apportionment significant audit findings. The EAAP panel that hears appeals consists of one representative from each of the following: Department of Finance, Superintendent of Public Instruction, and FCMAT. The Executive Director of EAAP has independent authority to resolve audit appeals through an informal summary review process wherein s/he may reduce or waive a finding, or approve a repayment plan. EAAP is also responsible for reviewing, revising, and amending the K-12 Audit Guide. Website »

EdVoice

EdVoice was established by our state’s leading educational philanthropists who understand that the future of California will be shaped by the quality of education our public schools deliver. Many gave generously and worked tirelessly to pass Proposition 39, changing the rules that prevented many communities from repairing old schools and building new ones. Website »

Note: Some of the documents we’re providing 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 any documents in Microsoft Word, please contact Melanie McAlpine at 916.646.1400 or mmcalpine@mycharterlaw.com.

Champions of Outstanding Choices in Public Education for All Children