California School Bds. Assn. v. State Bd. of Education CA1/4

Section 47605.8 of the Education Code authorizes the State Board of Education to grant (or deny) an application for a “state charter school.” Subdivision (a) of the statute directs the board of education to “adopt regulations, pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) ... of the Government Code) for the implementation of this section.” The statute further directs that the “[Regulations adopted pursuant to this section shall ensure that a [state] charter school . . . meets all requirements otherwise imposed on charter schools . . . .” (§ 47605.8, subd. (a).)

It is the reference to “Chapter 5 (commencing with Section 11500)” (chapter 5) in the statute that engenders the question before us on appeal.

Chapter 5, part of the Administrative Procedure Act (APA; Gov. Code, § 11340 et seq.), governs quasi-judicial proceedings, that is, it prescribes standards for adjudicatory proceedings undertaken by a governmental agency. (Gov. Code, § 11501, subd. (b).) These include, for example, a written accusation or statement of issues, notice of right to a hearing, testimony under oath, cross-examination, and a written decision. (Gov. Code,…