Public Advocates’ Statement on May Revise Charter School Proposals

May 10, 2019

Contact:

Rigel S. Massaro, Senior Staff Attorney
Duc Luu, Communications Manager

May Revise Addresses Inequities in Charter School Admissions and Enrollment

We are heartened by the Administration’s proposals to level the playing field between all public schools, traditional and charter schools, particularly in the areas of admissions and enrollment. These long-awaited measures will empower families and provide stability for all students.

The May Revise states that charter schools shall not discourage students from enrolling for any reason, including academic performance, English language ability, or disability status. We have long been concerned about the exclusion of high-need students from charter schools, and appreciate the proposal to create a complaint process for affected students and their families. In 2016, Public Advocates co-authored a report with the ACLU of Southern California, Unequal Access: How Some California Charter Schools Illegally Restrict Enrollment, which revealed that over 20% of the 1,200 charter schools examined had exclusionary admissions policies, including for the reasons addressed in the Governor’s proposal. We were also proud co-sponsors of Assemblymember Bonta’s AB 1360, which passed in 2017 to reinforce that charter schools may not discriminate in their admissions and enrollment policies and must provide due process to their students. To make these protections real, Public Advocates has developed materials in partnership with civil rights groups to train students, families and the field.

The May Revise builds on existing law by calling on the Department of Education to analyze enrollment in charter schools “to identify students who were enrolled at a charter school in the fall but were no longer enrolled at the charter school in the spring.” By shedding light on charter school enrollment patterns to inform state policymakers, these measures align to longstanding recommendations from our 2016 report asking the state to be proactive in ensuring that historically underserved student groups are receiving equal treatment from charter schools.

Finally, we support the Administration’s effort to strengthen charter school governance, transparency, and accountability through the charter school Local Control Accountability Plan process. We suggest the Administration ensure the community engagement, review and approval requirements of school districts are also required for charter schools. Last year Public Advocates issued a report, Keeping the Promise of the Local Control Funding Formula in Charter Schools, which revealed a lack of transparency about how charter schools spend millions of dollars of funds generated by high-need students. We are now proud sponsors of Assemblywoman Smith’s AB 967. It is critical for charter school communities to be engaged in school planning and budgeting and there must be oversight to ensure investments are increasing or improving services for high-need students, as the law requires.

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Public Advocates Inc. is a nonprofit law firm and advocacy organization that challenges the systemic causes of poverty and racial discrimination by strengthening community voices in public policy and achieving tangible legal victories advancing education, housing, transportation equity, and climate justice.