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Understanding the Legal Hierarchy Governing Charter School Board Policies

The hierarchy of legal authority within which charter school board policies fit typically follows this structure. No action or policy decision at any one level within this hierarchy may violate the rules set at the level above it.

1. Federal Law
At the highest level, charter schools must comply with federal laws, such as:

1) The U.S. Constitution
2) Civil rights laws (e.g., Title VI, Title IX, Section 504 of the Rehabilitation Act)
3) Education laws (e.g., Individuals with Disabilities Education Act (IDEA), Every Student Succeeds Act (ESSA))
4) Labor laws and other relevant federal regulations.

2. State Constitution
Each state's constitution may contain provisions regarding education, including the establishment and operation of public schools, which may include charter schools.

3. State Law
Charter schools are governed by state laws. These laws vary by state but generally include:

1) Charter School Laws: States have specific statutes that govern the establishment, operation, and oversight of charter schools.
2) Education Code: This may include general laws applicable to all public schools in the state, including charter schools.
3) Public Accountability Laws: Some states impose reporting, auditing, and transparency requirements for charter schools.
4) Staff Employment Laws: Charter schools must follow state employment and labor laws.

4. Charter School Authorizer Policies
Charter schools operate under a contract, or "charter," typically granted by an authorizing body, such as a state board of education, a local school district, or a university. The authorizer’s policies outline the terms and conditions under which the charter school operates, including academic, financial, and operational expectations.

5. Charter School’s Charter Contract
The specific charter contract sets forth the governance, mission, educational program, performance expectations, and legal obligations of the charter school. This contract must align with state and federal laws and authorizer requirements.

6. Board Policies of the Charter School
The charter school's board adopts policies governing the operation of the school. These policies should align with federal and state laws, authorizer policies, and the school’s charter contract. Board policies cover areas like student discipline, teacher evaluation, financial management, and curriculum.

7. School-Level Rules and Procedures
Finally, individual schools within the charter network (or single-site charter schools) may have their own rules and procedures developed by school leadership. These must comply with board policies and all higher legal authorities.

This hierarchy ensures that the charter school's policies remain compliant with all applicable laws and regulations. 

 

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