California charter schools are public schools. They receive public funding, serve public-school students, and are part of the state’s public education system. But they operate under a different legal framework than traditional school districts, and that difference matters in enrollment, discipline, special education, and governance disputes.
For parents, the key question is often: does my child have the same rights here as they would at a traditional public school? The answer depends on the specific right, the applicable law, and what the school’s charter says. Some protections apply automatically. Others depend on how the school is structured and what its approved charter requires.
For charter school operators, the question is different: which laws apply to us, and which do not? Charter schools are generally exempt from many laws governing school districts unless a law specifically applies to them. But that exemption is narrower than it might sound. Constitutional protections, federal civil rights laws, the school’s own charter, and a growing body of California statutes all impose real obligations.
A broader overview of student rights in California public schools is available through the firm’s article on educational rights for California students.
What Rights Do Students Have at California Charter Schools?
California charter schools are established and governed by the Charter Schools Act of 1992, primarily codified at Education Code section 47600 and following. Under that Act, charter schools are generally exempt from the Education Code provisions governing school districts, unless a law specifically states that it applies. But many critical student protections do apply.
Students at California charter schools retain fundamental protections, including:
- Freedom from discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, sexual orientation, and other characteristics protected under state and federal law.
- Access to special education services required by the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
- English learner instruction and support obligations under federal and state law.
- Due process protections in the context of suspension and expulsion, as defined in the school’s charter and applicable state law.
- Privacy rights regarding education records under FERPA, which applies to charter schools receiving federal education funds.
- Rights related to safe school environments and nondiscrimination.
The specific procedures for exercising these rights may differ from those at a traditional district school. Parents at charter schools should review the school’s charter and written policies, which must address many of these areas as a condition of approval.
California Charter School Admission and Enrollment Rights
Charter school admissions rules differ from those at neighborhood district schools. A charter school is generally open to any student who wishes to attend, but it is not required to enroll every applicant.
Open Enrollment and Lotteries
Under Education Code section 47605(d)(2), when applications exceed available spaces, the school must select students through a random public lottery. Charter schools cannot use selective academic criteria to choose which students to admit. A school that requires students to demonstrate proficiency or academic achievement as a condition of admission violates California law.
Lotteries are public. A charter school may give enrollment preferences to certain categories of applicants before conducting the general lottery. Permitted preferences include siblings of currently enrolled students, children of staff members up to a charter-specified percentage, and, for conversions of existing public schools, students who previously attended. The specific preferences must be stated in the school’s approved charter.
Prohibited Enrollment Discrimination
Charter schools cannot discriminate in enrollment based on race, ethnicity, national origin, gender, disability, religion, sexual orientation, or any other characteristic prohibited by state or federal law. The CDE’s Charter School Complaint Notice makes clear that charter schools may not discourage enrollment based on disability, academic performance, English learner status, homelessness, foster care status, nationality, race, ethnicity, or sexual orientation.
Using application paperwork, intake interviews, or pre-enrollment screenings to filter out students with disabilities, below-grade-level students, or English learners is unlawful. Similarly, a charter school cannot encourage enrolled students to disenroll based on these characteristics.
Student Records and Pre-Enrollment Requests
A charter school cannot require parents to provide a student’s prior academic records, IEP, or other records as a condition of applying for enrollment. Requesting such documents before enrollment can function as a screen to discourage or exclude students with learning challenges, which is prohibited.
Can a California Charter School Suspend or Expel a Student?
Yes. Charter schools have authority to suspend and expel students, but they must follow the procedures established in their approved charter and applicable California law.
The Role of the Charter
Education Code section 47605 requires every charter petition to include the school’s suspension and expulsion procedures. These procedures must be included and approved before the school opens. Parents should obtain and review these policies. Specifics can vary from school to school in ways that would not occur at a traditional district school.
California Suspension Law and Charter Schools
Many of the substantive protections in California’s suspension statutes apply to charter schools. The grounds for suspension under Education Code section 48900 generally apply, as does the prohibition on suspending students for willful defiance, which now covers all grade levels.
Charter schools must also provide students with notice and an opportunity to respond before a suspension takes effect in most circumstances. As with traditional public schools, a student cannot simply be removed without any process.
For a detailed explanation of California’s current suspension rules and the process schools must follow, see the firm’s article on California student suspension laws.
Expulsion Procedures
Expulsion from a charter school must follow the procedures set forth in the charter. Many charter expulsion procedures mirror district requirements, including notice, a hearing, and an opportunity for the student and family to respond. California Education Code section 48915 identifies certain offenses that require mandatory expulsion recommendations. For more on expulsion and what happens after, see the firm’s article on AB 1230 expulsion plans.
Students With Disabilities and Discipline
Students with disabilities receive additional protections when facing suspension or expulsion. A school must conduct a manifestation determination review before imposing a removal that exceeds 10 cumulative school days. If the conduct is found to be a manifestation of the student’s disability, the school generally cannot proceed with expulsion on those grounds. These protections apply at charter schools.
Special Education Rights at California Charter Schools
Charter schools are public schools and must comply with the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. A student’s disability cannot be a basis for denying enrollment, and students with disabilities are entitled to receive appropriate special education services.
LEA Status and Special Education Responsibility
The special education obligations of a charter school depend in part on its status as a Local Education Agency (LEA). Some charter schools operate as their own LEA and are directly responsible for providing all required special education services. Other charter schools are part of their authorizing district’s LEA, in which case the district retains primary responsibility for special education.
The CDE’s special education resources for charter schools identify how obligations are allocated and where parents can direct complaints.
IEPs and Section 504 Plans
Charter school students who qualify for services under IDEA are entitled to an Individualized Education Program (IEP). The IEP must be developed with meaningful parental participation and must identify the services, supports, and placement the student needs. Section 504 plans apply to students whose disabilities significantly limit a major life activity but who do not qualify for IDEA services.
A charter school cannot decline to enroll a student because of the services required by the student’s IEP. And it cannot enroll a student and then simply refuse to implement the IEP.
Special Education Disputes
When a charter school fails to provide required services or refuses to comply with an IEP, parents have the same dispute resolution options as in the traditional public school context: state complaints, mediation, and due process hearings. The firm’s article on special education due process in California explains those processes in detail.
What Legal Duties Do California Charter School Operators Have?
Charter school operators work within a specific legal framework. The school’s approved charter is the foundational document. Beyond the charter, a range of California statutes and federal requirements impose obligations that operators must understand and meet.
Compliance With the Charter
The approved charter is a binding contract between the school and its authorizing entity. Operating outside the terms of an approved charter, whether on admissions, discipline, governance, or program design, is a basis for revocation. Authorizing entities conduct oversight to ensure compliance.
Admissions and Enrollment Obligations
Charter schools must operate the random lottery system required by Education Code section 47605(d)(2) when applications exceed capacity. Schools cannot use admissions criteria that screen out students with disabilities, English learners, or students who are behind academically. Enrollment procedures must be applied consistently and cannot be structured to discourage protected groups from applying.
Student Discipline Requirements
Suspension and expulsion procedures must be specified in the charter, must comply with applicable California law, and must be applied consistently. Operators should train staff on the procedures, maintain records of disciplinary actions, and make required notifications to parents. Discipline of students with IEPs requires additional procedural steps.
English Learner Obligations
Charter schools must comply with Title III of the Every Student Succeeds Act and California law regarding English learner instruction and reclassification. Schools must identify English learners upon enrollment, provide appropriate instruction, notify parents of their child’s EL status, and measure progress toward English proficiency.
Health, Safety, and Facilities
Charter schools must comply with applicable health and safety laws. The charter petition must address health and safety procedures. This includes requirements for background checks for staff, emergency procedures, and compliance with facilities requirements. Whether specific facilities regulations apply depends on the school’s structure and funding arrangements.
Recordkeeping and Student Data
Charter schools must maintain student education records in compliance with FERPA. Schools must also comply with California student data privacy laws, including SOPIPA and Education Code section 49073.1, to the extent those provisions apply based on the school’s use of educational technology. For a broader explanation of student data privacy obligations, see the firm’s article on student privacy rights in California schools.
Charter School Governance, Transparency, and Public Records
California Education Code section 47604.1 requires charter schools and certain entities that manage them to comply with four major transparency and ethics laws. These requirements apply whether the school is operated by a nonprofit, a charter management organization, or another entity.
- Ralph M. Brown Act (Gov. Code §54950 et seq.): Requires open and public meetings of the governing board. Most governing board meetings must be publicly noticed and open to the public. Certain discussions may take place in closed session under specified circumstances.
- California Public Records Act (Gov. Code §7920 et seq.): Requires charter schools to disclose public records upon request, subject to specified exemptions. Records related to school governance, finances, and operations may be subject to public disclosure, just as they would be at a traditional public school.
- Government Code §1090: Prohibits charter school officials from having a financial interest in contracts made by or on behalf of the school. Violations can result in contracts being voided and may expose individuals to criminal liability.
- Political Reform Act: Requires designated officials and employees to disclose financial interests and to recuse themselves from decisions affecting those interests. The specific requirements depend on the individual’s role.
These transparency requirements exist because charter schools receive public funds and serve a public function. A charter school that refuses to hold open meetings or respond to public records requests is likely violating state law, not merely departing from best practices.
What Can Parents Do If a Charter School Violates Their Rights?
The correct process for addressing a concern depends on what the issue is. Not all complaints follow the same path.
- Review the school’s charter and written policies. The charter is a public document. Understanding what the school agreed to do helps identify when it is falling short.
- Raise the issue with the appropriate school administrator. Many concerns can be addressed through direct communication with the school.
- Follow the school’s complaint procedure. Every charter must include a dispute-resolution process. Use it before escalating.
- Contact the governing board when the administration has not resolved the issue.
- Identify the authorizing entity. Each charter school is authorized by a district, county board of education, or the State Board of Education. The authorizer has oversight authority.
- Determine whether a CDE complaint process applies. Certain complaints, including enrollment violations, may be filed with the CDE using the Charter School Complaint process. Other complaints may go to the CDE’s general complaint office or a due process hearing.
- Consider legal advice when the issue involves significant student rights, potential discrimination, special education violations, or possible litigation.
The CDE generally advises parents to begin with the charter school itself, then move to the governing board, and then to the authorizing entity. The CDE complaint process is generally a later step, not the first.
When Should a Parent or Charter School Operator Talk to a Lawyer?
For Parents
Legal advice may be appropriate when:
- The school denied your child enrollment, or the admissions process appears to have screened out your child based on disability, EL status, or academic performance.
- Your child was suspended or expelled and you believe the procedures were not followed or the decision was disproportionate.
- Your child has a disability and the school is not implementing the IEP or is refusing to provide required services.
- The school is pressuring your child to disenroll or attend a different school.
- You believe the school is retaliating against your child or your family for raising concerns.
- You have followed the school’s complaint process and the issue remains unresolved.
For Operators
Charter school operators may need legal advice when:
- The school faces an enrollment complaint or investigation by the CDE or authorizer.
- A discipline or expulsion decision is challenged by a parent or student.
- A special education dispute escalates to a state complaint or due process hearing.
- Questions arise about compliance with the Brown Act, Public Records Act, or conflict-of-interest laws.
- The school’s charter is up for renewal and compliance concerns exist.
- The authorizing entity initiates a revocation proceeding.
- The school faces potential litigation over student rights or governance issues.
A Framework With Flexibility, But Real Limits
California charter schools operate with significant flexibility. That flexibility is part of what distinguishes them from traditional district schools and allows them to design programs in different ways. But flexibility exists within specific legal limits.
The rights parents and students have, and the obligations operators must meet, depend on the specific issue, the applicable statute, the charter’s terms, and how the school is structured. Knowing which framework applies in a given situation is the starting point for understanding what the school can and cannot do.
Parents who believe their child’s rights were violated, and operators who need to understand their legal obligations, may benefit from legal review of the specific facts.
Contact Kassouni Law at 877-770-7379 or submit an inquiry at kassounilaw.com/contact. Submitting a contact form does not create an attorney-client relationship.
Frequently Asked Questions
Are California charter schools public schools?
Yes. California charter schools are part of the public school system. They receive public funding and are subject to federal civil rights laws, IDEA special education requirements, FERPA, and other laws applicable to public schools. They are generally exempt from Education Code provisions governing school districts unless a law specifically applies to them, but that exemption does not make them private schools.
Can a charter school deny a student enrollment?
A charter school can decline to enroll an applicant if the school is at capacity and the student was not selected through the required lottery. But a charter school cannot deny enrollment based on disability, academic performance, race, ethnicity, national origin, EL status, foster care status, homelessness, religion, or sexual orientation. Admissions procedures that discourage or screen out students based on these characteristics violate California law.
Can charter schools have admission preferences?
Yes, within limits. California Education Code section 47605(d)(2) permits certain enrollment preferences, including for siblings of current students and children of school staff, up to percentages specified in the charter. Preferences based on academic ability, test scores, or disability status are not permitted.
Can a charter school suspend or expel a student?
Yes. Charter schools have authority to suspend and expel students. They must follow the procedures in their approved charter and applicable California law. Students with disabilities receive additional procedural protections. Parents should obtain and review the school’s discipline policy, since it can vary from school to school.
Do students with disabilities have rights at charter schools?
Yes. Charter schools are public schools subject to IDEA and Section 504. Students with disabilities are entitled to enrollment, appropriate special education services, and IEP implementation. A charter school cannot deny enrollment based on disability or refuse to implement an approved IEP. State complaints and due process hearings available at traditional public schools also apply to charter school special education disputes.
Can parents file complaints against charter schools?
Yes. The CDE operates a Charter School Complaint process for certain complaints, including those related to enrollment practices and prohibited discouragement. Other complaints may be directed to the authorizing entity or through special education due process channels. Parents should generally start by following the school’s own complaint procedure before escalating to the CDE.
Are charter schools subject to public-records laws?
Yes. Under Education Code section 47604.1, charter schools are subject to the California Public Records Act, the Ralph M. Brown Act (open meetings), Government Code section 1090 (conflict of interest), and the Political Reform Act. These requirements apply because charter schools receive public funds and serve a public function.
Who oversees a California charter school?
Each charter school is authorized by an authorizing entity: a school district, a county board of education, or the State Board of Education. The authorizer is responsible for oversight and has authority to revoke the charter if the school fails to meet its legal or programmatic obligations. The CDE also has oversight responsibilities for certain issues.
This article provides general legal information about charter school rights and obligations in California. It does not constitute legal advice and does not create an attorney-client relationship. The applicable rules depend on the specific charter, the school’s structure, and the facts of each situation. Please consult a qualified California education attorney for advice about your specific circumstances.
