California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.2.5 - Parent Empowerment › Subchapter 1 - Parent Empowerment › Article 1 - General Provisions › Section 4802.2 - Restart Requirements for Parent Empowerment Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except where specifically designated in
					 this section, a charter school proposal submitted through a parent empowerment
					 petition shall be subject to all the provisions of law that apply to other
					 charter schools.
(b) Parents or
					 legal guardians of pupils will only need to sign the parent empowerment
					 petition to indicate their support for and willingness to enroll their children
					 in the requested charter school. A separate petition for the establishment of a
					 charter school will not need to be signed. The signatures to establish a
					 charter school pursuant to Education Code sections
					 47605(a)(1) through
					 (3) and
					 47605(b)(3)
					 will not be required if the petition that requests that the subject school be
					 reopened under a charter operator, charter management organization or education
					 management organization otherwise meets all the requirements of Education Code
					 section
					 53300.
(c) A petition that requests that the subject
					 school be reopened under a specific charter school operator, charter management
					 organization or education management organization may be circulated for
					 signature with the proposed charter for the school. Upon receipt of the
					 petition that requests a restart model as the intervention and includes a
					 proposed charter, the LEA must follow the provisions of section
					 4802.1 and implement the option
					 requested by the parents, unless, in a regularly scheduled public hearing, the
					 LEA makes a finding in writing stating the reason it cannot implement the
					 specific recommended option and instead designates in writing which of the
					 other options described in Education Code section
					 53300 it
					 will implement. If a petition requests that the subject school be operated
					 under a specific charter school operator, charter management organization or
					 education management organization, and the LEA does not reject the petition
					 pursuant to Section
					 4802.1(g), then
					 the rigorous review process required by Education Code section
					 53300 and
					 section 4804 shall be the review process
					 and timelines set forth in Education Code section
					 47605(b),
					 excepting 47605(b)(3).
(d) If a
					 parent empowerment petition does not include the proposed charter but requests
					 that the subject school be operated under a charter school operator, charter
					 management organization or education management organization, and the LEA does
					 not reject the petition pursuant to section
					 4802.1(g), then
					 the LEA shall promptly notify the petitioners that it has adopted the restart
					 model and give the petitioners the option to solicit charter proposals from
					 charter school operators, charter management organizations and education
					 management organizations and select a specific charter school operator or
					 decline to do so.
(1) If the petitioners opt
					 to solicit charter proposals and select a specific charter school operator,
					 they must submit the proposed charter school operator to the LEA within 90
					 calendar days. Upon submittal of the charter proposal, the LEA shall conduct
					 the rigorous review process required by Education Code section
					 53300 and
					 section 4804, which shall be the review
					 process and timelines set forth in Education Code section
					 47605(b)
					 excepting 47605(b)(3).
(2) If the
					 petitioners inform the LEA that they have declined the option to solicit
					 charter proposals and select a charter school operator, the LEA shall, within
					 20 calendar days, solicit charter proposals from charter school operators,
					 charter management organizations and education management organizations.
					 Thereafter, the LEA shall select a charter school operator, charter management
					 organization or education management organization, through the rigorous review
					 process required by Education Code section
					 53300 and
					 section 4804. The rigorous review process
					 shall be the review process and timelines set forth in Education Code section
					 47605(b),
					 excepting 47605(b)(3), and shall begin at the end of a solicitation period not
					 to exceed 90 calendar days.