SBE Considers Response to Court Ruling Allowing Appeals of SBE First Action on Appeals

The SBE will discuss in executive session and potentially act regarding the recent Colorado appeals court decision that now allows charter applicants and districts to appeal in court the SBE’s decisions during the first charter appeal. At this stage, the Board will consider whether to appeal the decision to the Colorado Supreme Court through a “certiorari” petition that formally asks the Supreme Court to hear the case. If the SBE files the petition, other stakeholder groups are likely to consider whether filing amicus briefs in support of or opposition to their request. In the meantime, the Appeals Court Decision stands and legal challenges to SBE decisions after the first appeal are allowed.

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Students with Disabilities’ Admissions Rules Revision

The SBE released proposed revisions to the rules affecting admissions of students with disabilities in charter schools. CDE proposes to address related issues in two separate rules. This month, the SBE will consider revisions to the section of rules addressing charter school authorizing standards. This round of revisions would prohibit charter schools from inquiring about a prospective student’s disability status and make other changes to immediately address issues raised by the U.S. Department of Education’s Office for Civil Rights (OCR). This action was prompted by a series of OCR complaints filed against charter schools and districts based on charter application materials that ask about the applicant’s disability status.  If approved by the SBE next week, these rules would be open for public comment for 60 days, and final action would be scheduled in January. A memo to the board, redline of proposed rules, clean copy of the new rules, and “crosswalk” analysis of applicable law and guidance are available. The SBE plans to take up possible revisions to rules regarding the Exceptional Children’s Education Act (ECEA) in January. According to the CDE memo, the second round of revisions would address remaining questions about “the process charter schools and authorizers must use in conducting IEP team meetings and making placement decisions in a choice context.”

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CACSA Authorizer Bootcamp

CACSA’s Authorizer Bootcamp is underway!  The bootcamp is free to CACSA members, and the next edition is Wednesday, Nov. 10, from 12 to 2 pm. New authorizers, as well as experienced authorizers, are welcome to join all or some of these virtual weekly sessions. Next week’s session will address application materials, application reviews, and decision making around new charter applications. Register to join here.