It does not provide a provision for a local board to deny
a charter zoning exemption on the basis of the California Environmental Quality Act (CEQA) and does not require the charter to go through the CEQA process.
The California Charter School Association is attempting to lobby a new bill through the state legislature that would require school districts to approve
charter zoning exemptions, even if the charter school was a danger to the environment or surrounding community.
Not exact matches
While districts can exercise
zoning exemptions to re-classify commercial properties as schools,
charters can not.
Allowing
charter schools to access the
zoning exemptions that districts use to turn commercial facilities into schools would also open up more options.
The judge ruled that local school districts (like San Jose Unified) and local municipalities have the right to provide a
zoning exemption to
charter schools, but county offices of education do not.
But most importantly, this bill could bankrupt local school districts that would be required to pay for the CEQA analysis, and face huge legal liabilities if they were sued under the CEQA act; the districts — not the
charters — could be liable as the
zoning exemption approval agency.
The bill would require local districts to approve
zoning exemptions for
charters within 60 days if 1) the
charter is in the district, 2) the
charter has a lease, and 3) the
charter pays a reasonable fee, not to exceed $ 500, 4) the
charter does not endanger the health & safety of the
charter's students.
The proposed legislation would explicitly allow county offices of education to approve
charter school
zoning exemptions, something that according to the judge is not currently legal.
State law doesn't allow the Santa Clara County Board of Education to grant a
zoning exemption to a San Jose
charter.