Q: What are the state’s criteria for establishing a charter elementary school? Would the school have any direct relationship with the Los Altos School District?

A: The application for the establishment of a charter school must be submitted to and approved by the Los Altos School District. The petition must include signatures from the parents or guardians of at least 50 percent of the pupils estimated to be enrolled the first year. The charter must address 16 specific elements relative to the charter school’s proposed educational program, evaluation criteria and reporting requirements. The petition may be denied by the governing board of the district if it finds that the charter petition fails to do any of the following: present a sound educational program; demonstrate its ability to succeed; contain the requisite signatures; contain an affirmation that the school will be nonsectarian, tuition free and non-discriminatory; and provide a comprehensive description of the 16 charter school elements. If denied, an appeal may be made to the Santa Clara County Board of Education.

Q: Would the funding for the charter school come exclusively from the state? If not, what funding would be expected from local tax revenues? What other sources of funding would be sought?

A: As with traditional public schools in California, the bulk of the money comes from the state. Technically, the district would be required to provide the charter with a portion of the local tax revenues that they currently provide to traditional public schools and this would be offset by an equal amount from the state. As with traditional public schools, other sources of funding can also be sought.

Q: Assuming the student population of a charter school would be notably less than the 4,000 students presently enrolled in the Los Altos School District, how would the charter school address special opportunities and/or special needs? The concerns of special education students are of great concern, but so are art, music and athletic programs.

A: The Department of Education provides the most thorough description. “Charter schools are public schools, and as such are required to comply with federal and state special education laws. Education Code Section 47641 provides that, for the purpose of compliance with federal special education law and for eligibility for federal and state special education funds, a charter school shall be deemed a public school of the local education agency (LEA) that authorized the charter, unless it is itself deemed an LEA. Education Code Section 47646 requires that a charter school operating as a school within the district that granted the charter for purposes of special education participate in state and federal funding for special education in the same manner as any other public school in that LEA. Further, a child with disabilities attending the charter school shall receive special education instruction or designated instruction and services, or both, in the same manner as a child with disabilities who attends another public school of that LEA.”

Q: How many students from outside the Los Altos School District would be expected to attend the charter school? From what districts could they come? Which districts would be expected to cover their costs, and would that funding match the funding for the Los Altos Hills students?

A: A charter school shall admit all pupils who wish to attend the school. However, if the number of pupils who wish to attend exceeds the school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district. Other preferences may be permitted by the Los Altos School District only if consistent with the law.

Q: Would the Los Altos School District bear any of the financial burden?

A: Question 3 discusses the local property tax implications. While the district would be required to share local property tax revenues with the charter school, the state would backfill any reduction in property taxes so the district would not encounter any reduction in their revenue limit. The district would be impacted by the loss of enrollment, with a corresponding decrease in the number of students they serve and the funds that accompany them.

Q: Can charter schools limit the number of children who may be enrolled? If so, is there a legal basis for defining such a limit?

A: A charter school may configure their educational program as they see fit, which could include an established capacity. However, (as stated in question 5), if the number of pupils who wish to attend the charter school exceeds the school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing.