CCSA Answers: Must Charter Schools Comply with Education Code 42103?

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April 19, 2014

Question: We received a notice from our County Office of Education stating that, to comply with Education Code 42103, we must display our 2013-2014 budget for public comment. Is this required for charter schools?

Answer: No. California Education Code Section 42103 is not applicable to charter schools. With a few exceptions, under what is commonly referred to as the Charter School "Mega Waiver" (Section 47610), charter schools are exempt from all sections of the Ed Code except those sections in the Charter Schools Act.

This is not to say that charter schools are free to withhold budgetary information from the public. If you agreed in your charter to comply with the open meeting provisions of the Ralph M. Brown Act, agenda items for charter school governing board meetings, including discussions and adoptions of school budgets, must be posted in advance and the meeting must be open to the public. Members of the public who wish to receive information on a charter school's proposed and adopted budgets should have access to that information. Additionally, if you agreed in your charter to comply with the Public Records Act, then any adopted budget, and budget documents or drafts considered by the governing board would be subject to inspection or copying under the terms of that law.

Read Education Code 42103 here

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