California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 19 - Charter Schools › Article 2.5 - Establishment and Revocation › Section 11968.5.3 - Charter Revocation when There is a Severe and Imminent Threat to the Health or Safety of Pupils and Appeal of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety to a County Board of Education and the State Board of Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section sets forth procedures the chartering
						authority shall complete for the revocation of a school's charter when the
						chartering authority has determined that any violation under Education Code
						section
						47607(f)
						constitutes a severe and imminent threat to the health or safety of pupils and
						the procedures that a charter school and county office of education and SBE
						must follow if the charter school elects to appeal a chartering authority's
						Final Decision to revoke the school's charter.
(a) If there is a severe and imminent threat
					 to pupil health or safety, the chartering authority is exempt from the
					 requirements of section
					 11968.5.2 and may immediately
					 revoke the school's charter by approving and delivering a Notice of Revocation
					 by Determination of a Severe and Imminent Threat to Pupil Health or Safety to
					 the charter school's governing body as described in the school's charter, the
					 county board of education (unless the county board of education is also the
					 chartering authority), and the CDE.
(b) Following the approval and delivery of
					 the Notice of Revocation by Determination of a Severe and Imminent Threat to
					 Pupil Health or Safety by the chartering authority, the charter school's
					 governing body as described in the school's charter may appeal to the county
					 board of education or the SBE, as applicable, pursuant to Education Code
					 sections
					 47607(i) and
					 (j).
(c) In an appeal to a county board of
					 education, within 30 calendar days of receipt of a Final Decision revoking the
					 school's charter, the charter school's governing body as described in the
					 school's charter shall approve and deliver a written Notice of Appeal to the
					 county board of education that:
(1) includes a
					 copy of the Notice of Revocation by Determination of a Severe and Imminent
					 Threat to Pupil Health or Safety issued pursuant to this article except that
					 the charter school shall not be responsible for providing this document if the
					 chartering authority did not provide it to the charter school as required in
					 this section;
(2) includes evidence
					 of the final vote of the chartering authority, if available;
(3) includes all evidence relied upon by the
					 chartering authority in determining that a violation under section
					 11965(e)
					 existed;
(4) includes minutes of
					 any public meeting at which the chartering authority considers or makes its
					 decision to revoke the school's charter, if available; and
(5) includes a written statement explaining
					 why the charter school does not believe the district chartering authority's
					 factual findings are supported by substantial evidence.