California Attorney General Opinion 22-802

BACKGROUND

Education Code section 1000 creates county boards of education consisting of five to seven members. 1 A county board of education generally oversees the schools in the county and approves the budget prepared by the county superintendent.

Charter schools are a class of public school usually initiated by some combination of teachers, parents, community leaders, and community-based organizations. 3 Charter schools operate differently from traditional public schools. The California Charter Schools Act exempts them from many laws governing traditional school districts. 4 The Act “is intended to allow ‘teachers, parents, pupils, and community members to establish . . . schools that operate independently from the existing school district structure.’” 5 It “seeks to expand learning opportunities, encourage innovative teaching methods, provide expanded public educational choice, and promote educational competition and accountability within the public school system.”

Charter schools must apply for and obtain a charter from the public school system to operate. The charter approval process typically begins at the school district level, although in certain circumstances it…