Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY DaVIGO Deputy Attorney General THE HONORABLE STEVE BALDWIN, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: For purposes of independent operation, may a charter school be formed as a legal entity separate from the school district that granted the charter? CONCLUSION While a charter school operates independently from the existing school district structure as a method to accomplish specified purposes, it may not be formed as a legal entity separate from the school district that granted the charter. ANALYSIS The purposes of the Charter Schools Act of 1992 (Ed. Code, §§ 47600 - 47616 ; "Act") 1 in authorizing the establishment of charter schools are set forth in section 47601 as follows: "It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following : "(a) Improve pupil learning. "(b) Increase learning opportunities for all pupils, with special emphasis on expanding learning…