CA Educ Code § 47607.2 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 26.8 - CHARTER SCHOOLS|CHAPTER 2 - Establishment of Charter Schools|Section 47607.2.

47607.2.  (a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:(A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.(B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.(2) Notwithstanding paragraph (1), if the two consecutive years immediately preceding the renewal decision include the 2019–20 or 2020–21 school year, the chartering authority shall not renew a charter if either of the following apply for two of the most recent years for which state data is available preceding the renewal decision:(A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.(B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.(3) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision.(4) The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) or (2) only upon making both of the following written factual findings, specific to the particular petition, setting forth specific facts to support the findings:(A) The charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school.(B) There is clear and convincing evidence showing either of the following:(i) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.(ii) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.(C) Clauses (i) and (ii) of subparagraph (B) shall be demonstrated by verified data, as defined in subdivision (c).(5) Verified data, as defined in subdivision (c), shall be considered by the chartering authority until June 30, 2025, for a charter school pursuant to this subdivision, operating on or before June 30, 2020, only for the charter school’s next two subsequent renewals.(6) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years.(b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5.(2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal.(3) In addition to the state and local indicators, the chartering authority shall consider clear and convincing evidence showing either of the following:(A) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.(B) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.(4) Subparagraphs (A) and (B) of paragraph (3) shall be demonstrated by verified data, as defined in subdivision (c).(5) Verified data, as defined in subdivision (c), shall be considered by the chartering authority for the next two subsequent renewals until January 1, 2026, for a charter school pursuant to this paragraph.(6) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils and, if applicable pursuant to paragraphs (2) and (3), that its decision provided greater weight to performance on measurements of academic performance.(7) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years.(c) (1) For purposes of this section, “verified data” means data derived from nationally recognized, valid, peer-reviewed, and reliable sources that are externally produced. Verified data shall include measures of postsecondary outcomes.(2) By January 1, 2021, the state board shall establish criteria to define verified data and identify an approved list of valid and reliable assessments that shall be used for this purpose.(3) No data sources other than those adopted by the state board pursuant to paragraph (2) shall be used as verified data.(4) Notwithstanding paragraph (3), a charter school under consideration for renewal before the state board’s adoption pursuant to paragraph (2) may present data consistent with this subdivision.(5) Adoption of the criteria pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(6) The state board may adopt and make necessary revisions to the criteria in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(7) Upon adoption of a pupil-level academic growth measure for English language arts and mathematics, the state board may reconsider criteria adopted pursuant to this subdivision.(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.(Amended (as amended by Stats. 2020, Ch. 24, Sec. 45) by Stats. 2021, Ch. 44, Sec. 57. (AB 130) Effective July 9, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 9 of Stats. 2019, Ch. 486.)