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Board hears legal guide to charter oversight as CMI faces renewal and potential facility requests
Summary
Legal counsel outlined district responsibilities for dependent charter schools, explained Prop. 39 timelines and funding paths, and clarified that CMI must submit renewal and material-revision petitions; trustees pressed for clarity on facilities requests, special-ed cost allocation and funding options including CSFP loans and grants.
Marley Fox, legal counsel to the district, told the Paris Union High School District Board on May 21 that a dependent charter school’s renewal and any material revisions are initiated by the charter and then reviewed by the district under state law.
“There’s no definition in the ED Code for a dependent charter school,” Fox said, explaining the practical differences between dependent and independent charters and the district’s oversight duties under Education Code §47605. She laid out statutory requirements the district must follow, including at least one annual site visit, monitoring fiscal reports, and timely notifications to the California Department of Education if a charter ceases operation.
The presentation turned to facilities when trustees raised questions about the California Constitution’s Proposition 39 process. Fox said a charter seeking district facilities for a future school year must submit a written Proposition 39 facilities request by Nov. 1 preceding that school year and outlined the roughly six-month timeline for review, preliminary proposal and final offer. She noted that Proposition 39 does not require the district to fund construction or unusual modifications and pointed trustees to alternative agreements and grant programs as possible funding sources.
Trustees asked whether a request for items such as a new football field, portables or restroom separations for grade-level configurations could be handled under Prop. 39; Fox said the district is required only to provide “reasonably equivalent” facilities and that extensive upgrades would have to be negotiated. She flagged the California School Finance Authority (CSFA) charter school facilities program, which can finance construction but typically requires a long lease (often 40 years) and a significant applicant contribution.
Board members pressed staff about who prepares budgets and how special-education costs are allocated between the district and a dependent charter. Fox said the charter school drafts its own renewal petition and proposed budget; the district then reviews it. For special education allocation details, Fox offered to consult attorneys in her firm who specialize in special education finance and report back.
The board’s discussion emphasized that oversight is a district duty but that CMI (the California Military Institute) must take the lead on its renewal petition and any material-revision request — including an enrollment-cap increase. Fox advised that a charter seeking an enrollment cap change must submit a written request and redlined petition text, followed by separate public hearings and votes for each distinct action.
The presentation concluded with counsel’s practical advice: districts may negotiate facility upgrades and alternative arrangements outside Prop. 39, but the legal baseline does not obligate the district to build new facilities for a charter. Trustees asked staff to follow up with more detail on grant programs and special-education cost allocation.
Next steps: counsel said deadlines for facility requests and renewal filings mean the board should expect formal petitions and outreach from CMI in the 2025–26 cycle if CMI seeks changes to its charter.
