Cal. Codes » Education Code / TITLE 2. ELEMENTARY AND SECONDARY EDUCATION / DIVISION 4. INSTRUCTION AND SERVICES / PART 26.8. CHARTER SCHOOLS / CHAPTER 3. Charter School Operation
California Codes

Cal. Education Code § 47611.5 (2026)

Charter School Operation

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

(a)Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall apply to charter schools.

(b)A charter school charter shall contain a declaration regarding whether or not the charter school shall be deemed the exclusive public school employer of the employees at the charter school for the purposes of Section 3540.1 of the Government Code. If the charter school is not so deemed a public school employer, the school district where the charter is located shall be deemed the public school employer for the purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of the Government Code.

(c)If the charter of a charter school does not specify that it shall comply with those statutes and regulations governing public school employers that establish and regulate tenure or a merit or civil service system, the scope of representation for that charter school shall also include discipline and dismissal of charter school employees.

(d)The Public Employment Relations Board shall take into account the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600)) when deciding cases brought before it related to charter schools.

(e)The approval or a denial of a charter petition by a granting agency pursuant to subdivision (c) of Section 47605 shall not be controlled by collective bargaining agreements nor subject to review or regulation by the Public Employment Relations Board.

(f)By March 31, 2000, all existing charter schools must declare whether or not they shall be deemed a public school employer in accordance with subdivision (b), and that declaration shall not be materially inconsistent with the charter.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2009–2024 · leading case: Gateway Cmty. Charters v. Spiess, 9 Cal. App. 5th 499 (Cal. Ct. App. 2017).
Sort: Relevance Newest Treatment
Gateway Cmty. Charters v. Spiess, 9 Cal. App. 5th 499 (Cal. Ct. App. 2017). “(c)), and as ‘“exclusive public school employer[s]” for collective bargaining purposes (Ed. Code, § 47611.5, subd. (b); see Gov. Code, § 3540.”
California Teachers Ass'n v. Pub. Emp. Relations Bd., 169 Cal. App. 4th 1076 (Cal. Ct. App. 2009). · cites it 2× “” (Ed. Code, § 47611.5, subd. (d).) The CTA asserts that the July 26 letter, which was produced and disseminated with the approval of all of Journey’s teachers, qualifies as a protected act under the EERA because its content related to the teachers’ interests as employees, which…”
All. Marce & Eva Stern Math & Sci. High Sch. v. PERB, No. B316745 (Cal. Ct. App. Dec. 26, 2024). · cites it 2× “) The Schools each submitted a charter renewal petition to LAUSD stating that each school “is deemed the exclusive public school employer of all employees of the charter school for collective bargaining purposes.”
Gateway Cmty. Charters v. Spiess, No. C078677M (Cal. Ct. App. Mar. 29, 2017). “(c)), and as “exclusive public school employers” for collective bargaining purposes (Ed. Code, § 47611.5; Gov. Code, § 3540.1, subd.”
Untitled California Attorney Gen. Opinion, No. 11-201 (Cal. Att'y Gen. Dec. 26, 2018). “(5)(G) (charter must describe “[t]he means by which the charter school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.