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Beginning January 1, 2020, California charter schools and CMOs considered to “manage” * charters must comply with government agency transparency rules and perform new and different teleconferencing procedures for board meetings. The transparency requirements include the Brown Act open meeting rules; Public Records Act; and conflict of interest rules including Gov. Code section 1090, the Political Reform Act and the prohibition against holding “incompatible” offices—an example of which might be a charter board member serving as a city planning commissioner in a location where the charter is seeking a land use permit.
With the New Year quickly approaching, here is a checklist to make sure your school is in compliance with SB 126:
SB 75 prohibits charters from discouraging any pupil from seeking to enroll, or encouraging existing pupil to dis-enroll for any reason including academic underperformance, EL status, socioeconomics, disability, foster status, homelessness, race or ethnicity, gender identity or sexual orientation. This applies even when a parent or student merely seeks information about the school (e.g., attends informational meeting or picks up enrollment materials), applies for enrollment, and when actually enrolled.
Charters must inform parent/student of this requirement and provide access to a “Complaint Notice and Form” as soon as a parent/student expresses interest in the school. The notice must be posted on the charter school’s website, and the school must provide copies of the notice: (1) when a parent, guardian, or pupil asks about enrollment; (2) before conducting an enrollment lottery; and (3) before disenrollment of a pupil. Also, charter schools are prohibited from requiring or even requesting a pupil’s records prior to actual enrollment. The CDE has posted information and a template compliant form on its website.
So with the New Year fast approaching, make sure you’re ready to comply with these immediately applicable laws. Please do not hesitate to contact us for further information and assistance.
* SB 126 does not define what “managing” means for nonprofits. It is anticipated that many authorizers will apply the for-profit standard set forth in Education Code section 47604(b)(2).
Greta Proctor is the leader of Procopio’s Education, Nonprofits and Public Agency practices. Based in Los Angeles, Greta represents charter schools and those in the education space, as well as numerous other types of nonprofits with nearly all aspects of their operations.
Greta advises nonprofit clients including schools on a variety of operational, funding, and regulatory issues. These include governance, organizational policies, contracts, agency relations, ethical issues, funding restrictions, facility issues, a wide range of student issues for schools, and more. Schools regularly rely on Greta’s advice in charter renewals and new petitions, including appeals at the county and state. She has also counseled schools through special proceedings ranging from extraordinary audits by FCMAT to compliance reviews by federal agencies.
Greta provides frequent trainings on topics such as board governance, the Brown Act, Public Records Act, avoiding conflicts of interest, and new legislation impacting her clients. She is a regular presenter at conferences and workshops hosted by the California Charter Schools Association, Charter Schools Development Center, and National Alliance for Public Charter Schools. She serves as a member of the NAPCS’ National Litigation Council, and has presented at the County Counsel’s Association of California on ethical issues for the public lawyer. Greta is actively engaged in education issues and policy.
Prior to joining Procopio, Greta worked at Best Best & Krieger LLP where she assisted clients across broad areas of California public agency law, both in litigation and counseling matters.
Greta Proctor is the leader of Procopio’s Education, Nonprofits and Public Agency practices. Based in Los Angeles, Greta represents charter schools and those in the education space, as well as numerous other types of nonprofits with nearly all aspects of their operations.
Greta advises nonprofit clients including schools on a variety of operational, funding, and regulatory issues. These include governance, organizational policies, contracts, agency relations, ethical issues, funding restrictions, facility issues, a wide range of student issues for schools, and more. Schools regularly rely on Greta’s advice in charter renewals and new petitions, including appeals at the county and state. She has also counseled schools through special proceedings ranging from extraordinary audits by FCMAT to compliance reviews by federal agencies.
Greta provides frequent trainings on topics such as board governance, the Brown Act, Public Records Act, avoiding conflicts of interest, and new legislation impacting her clients. She is a regular presenter at conferences and workshops hosted by the California Charter Schools Association, Charter Schools Development Center, and National Alliance for Public Charter Schools. She serves as a member of the NAPCS’ National Litigation Council, and has presented at the County Counsel’s Association of California on ethical issues for the public lawyer. Greta is actively engaged in education issues and policy.
Prior to joining Procopio, Greta worked at Best Best & Krieger LLP where she assisted clients across broad areas of California public agency law, both in litigation and counseling matters.
Merrick has worked for charter schools, public agencies, and nonprofits for more than a decade. He advises on a variety of operational issues, including charter renewals and material revisions, authorizer relations, student discipline, board policies and governance, contracts, facility issues, entity formation, government funding requirements, and many others. Merrick regularly provides trainings on Title IX, Brown Act, Public Records Act, avoiding conflicts under the Political Reform Act and Government Code section 1090, board governance, and new legislation impacting clients. He also has experience assisting with various phases of civil litigation and appeals. Prior to law school, Merrick worked as a substitute teacher in all grade levels at the Kings County, California, Office of Education.
Merrick has worked for charter schools, public agencies, and nonprofits for more than a decade. He advises on a variety of operational issues, including charter renewals and material revisions, authorizer relations, student discipline, board policies and governance, contracts, facility issues, entity formation, government funding requirements, and many others. Merrick regularly provides trainings on Title IX, Brown Act, Public Records Act, avoiding conflicts under the Political Reform Act and Government Code section 1090, board governance, and new legislation impacting clients. He also has experience assisting with various phases of civil litigation and appeals. Prior to law school, Merrick worked as a substitute teacher in all grade levels at the Kings County, California, Office of Education.
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