BILL NUMBER: SB 740 CHAPTERED
BILL TEXT
CHAPTER 892
FILED WITH SECRETARY OF STATE OCTOBER 14, 2001
APPROVED BY GOVERNOR OCTOBER 13, 2001
PASSED THE SENATE SEPTEMBER 14, 2001
PASSED THE ASSEMBLY SEPTEMBER 14, 2001
AMENDED IN ASSEMBLY SEPTEMBER 12, 2001
AMENDED IN ASSEMBLY SEPTEMBER 5, 2001
AMENDED IN ASSEMBLY JULY 16, 2001
AMENDED IN ASSEMBLY JULY 2, 2001
AMENDED IN ASSEMBLY JUNE 27, 2001
INTRODUCED BY Senator O'Connell
(Coauthors: Assembly Members Alquist, Correa, Keeley, Longville,
Washington, and Wiggins)
FEBRUARY 23, 2001
An act to amend Sections 47605 and 47612.5 of, and to add Sections
47614.5, 47616.7, and 47634.2 to, the Education Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 740, O'Connell. Charter schools.
(1) Under the Charter Schools Act, a charter school that provides
independent study is required to comply with the provisions of law
that are otherwise applicable to the governing board of a school
district or a county office of education that offers independent
study.
This bill would authorize a charter school that has an approved
charter to receive funding for nonclassroom-based instruction, as
defined for that purpose, only if a determination for funding is made
by the State Board of Education. The bill would require the State
Board of Education to adopt regulations, on or before February 1,
2002, that define and establish general rules governing
nonclassroom-based instruction that apply to all charter schools and
to the process for determining funding of nonclassroom-based
instruction offered by charter schools. The bill would make the
determination for funding subject to any conditions or limitations
that the state board may prescribe. The bill would authorize the
State Board of Education to adopt those regulations as emergency
regulations.
(2) The act states the intent of the people that public school
facilities should be shared fairly among all public school pupils,
including those in charter schools. The act requires each school
district to make available to each charter school operating in a
school district, facilities sufficient for the charter school to
accommodate all of the charter school's in-district students in
conditions reasonably equivalent to those in which the pupils would
be accommodated if they were attending other public schools of the
district and authorizes the school district to charge the charter
school a specified amount for the use of the facility.
This bill would establish the Charter School Facility Grant
Program, administered by the State Department of Education, for the
purpose of providing assistance with facilities rent and lease costs
for pupils in charter schools. The bill would establish pupil
enrollment priority provisions and would require that eligible
schools receive an amount up to but no more than $750 per unit of
average daily attendance, as certified at the second principal
apportionment, to reimburse an amount up to but not more than 75% of
the annual facilities rent and lease costs, as prescribed. The bill
would establish criteria for eligibility for funding under the
program and would impose limitations on the use of funds received
under the program. The bill would state the intent of the
Legislature that $10,000,000 be appropriated for the Charter School
Facility Grant Program for the 2001-02, 2002-03, and 2003-04 fiscal
years.
(3) The act requires in specified years, the Superintendent of
Public Instructions, to make certain apportionments on behalf of
charter schools including an amount for each unit of regular average
daily attendance in the charter school that is equal to the current
fiscal year base revenue limit for the school district to which the
charter petition was submitted. The act also requires the
Superintendent of Public Instruction to annually compute a
general-purpose entitlement, funded from a combination of state and
local funds, for each charter school, as specified.
This bill would, notwithstanding any other provision of law,
authorize the State Board of Education to adjust the amount of
funding allocated on the basis of average daily attendance generated
through charter school nonclassroom-based instruction, as defined for
this purpose, as specified.
(4) The act requires that the Legislative Analyst conduct, or
contract for, an evaluation of the effectiveness of the act to report
to the Governor and the Legislature by July 1, 2003.
This bill would require the evaluation to include an analysis of
the funding system for charter schools that offer nonclassroom-based
instruction.
(5) This bill would incorporate additional changes in Section
47605 of the Education Code proposed by SB 675, to be operative only
if SB 675 and this bill are both enacted and become effective on or
before January 1, 2002, and this bill is enacted last.
(6) This bill would incorporate additional changes in Section
47612.5 of the Education Code proposed by SB 955, to be operative
only if SB 955 and this bill are both enacted and become effective on
or before January 1, 2002, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47605 of the Education Code is amended to read:
47605. (a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within any school district
may be circulated by any one or more persons seeking to establish the
charter school. The petition may be submitted to the governing
board of the school district for review after either of the following
conditions are met:
(A) The petition has been signed by a number of parents or
guardians of pupils that is equivalent to at least one-half of the
number of pupils that the charter school estimates will enroll in the
school for its first year of operation.
(B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation.
(2) In the case of a petition for the establishment of a charter
school through the conversion of an existing public school, that
would not be eligible for a loan pursuant to subdivision (b) of
Section 41365, the petition may be circulated by any one or more
persons seeking to establish the converted charter school. The
petition may be submitted to the governing board of the school
district for review after the petition has been signed by not less
than 50 percent of the permanent status teachers currently employed
at the public school to be converted.
(3) A petition shall include a prominent statement that a
signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child, or ward, attend
the charter school, or in the case of a teacher's signature, means
that the teacher is meaningfully interested in teaching at the
charter school. The proposed charter shall be attached to the
petition.
(b) No later than 30 days after receiving a petition, in
accordance with subdivision (a), the governing board of the school
district shall hold a public hearing on the provisions of the
charter, at which time the governing board of the school district
shall consider the level of support for the petition by teachers
employed by the district, other employees of the district, and
parents. Following review of the petition and the public hearing,
the governing board of the school district shall either grant or deny
the charter within 60 days of receipt of the petition, provided,
however, that the date may be extended by an additional 30 days if
both parties agree to the extension. In reviewing petitions for the
establishment of charter schools pursuant to this section, the
chartering authority shall be guided by the intent of the Legislature
that charter schools are and should become an integral part of the
California educational system and that establishment of charter
schools should be encouraged. A school district governing board
shall grant a charter for the operation of a school under this part
if it is satisfied that granting the charter is consistent with sound
educational practice. The governing board of the school district
shall not deny a petition for the establishment of a charter school
unless it makes written factual findings, specific to the particular
petition, setting forth specific facts to support one or more of the
following findings:
(1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
(3) The petition does not contain the number of signatures
required by subdivision (a).
(4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
(5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
(A) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs. The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
(B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
(D) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
(E) The qualifications to be met by individuals to be employed by
the school.
(F) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall
include the requirement that each employee of the school furnish the
school with a criminal record summary as described in Section 44237.
(G) The means by which the 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 submitted.
(H) Admission requirements, if applicable.
(I) The manner in which annual, independent, financial audits
shall be conducted, which shall employ generally accepted accounting
principles, and the manner in which audit exceptions and deficiencies
shall be resolved to the satisfaction of the chartering authority.
(J) The procedures by which pupils can be suspended or expelled.
(K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
(L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.
(M) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.
(N) The procedures to be followed by the charter school and the
entity granting the charter to resolve disputes relating to
provisions of the charter.
(O) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
(c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall on a regular basis consult with their
parents and teachers regarding the school's educational programs.
(d) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, or
disability. Except as provided in paragraph (2), admission to a
charter school shall not be determined according to the place of
residence of the pupil, or of his or her parent or guardian, within
this state, except that any existing public school converting
partially or entirely to a charter school under this part shall adopt
and maintain a policy giving admission preference to pupils who
reside within the former attendance area of that public school.
(2) (A) A charter school shall admit all pupils who wish to attend
the school.
(B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing. Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
district except as provided for in Section 47614.5. Other
preferences may be permitted by the chartering authority on an
individual school basis and only if consistent with the law.
(C) In the event of a drawing, the chartering authority shall make
reasonable efforts to accommodate the growth of the charter school
and, in no event, shall take any action to impede the charter school
from expanding enrollment to meet pupil demand.
(e) No governing board of a school district shall require any
employee of the school district to be employed in a charter school.
(f) No governing board of a school district shall require any
pupil enrolled in the school district to attend a charter school.
(g) The governing board of a school district shall require that
the petitioner or petitioners provide information regarding the
proposed operation and potential effects of the school, including,
but not limited to, the facilities to be utilized by the school, the
manner in which administrative services of the school are to be
provided, and potential civil liability effects, if any, upon the
school and upon the school district. The petitioner or petitioners
shall also be required to provide financial statements that include a
proposed first-year operational budget, including startup costs, and
cash-flow and financial projections for the first three years of
operation.
(h) In reviewing petitions for the establishment of charter
schools within the school district, the school district governing
board shall give preference to petitions that demonstrate the
capability to provide comprehensive learning experiences to pupils
identified by the petitioner or petitioners as academically low
achieving pursuant to the standards established by the State
Department of Education under Section 54032.
(i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition, to
the State Board of Education.
(j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to either the county board of
education or directly to the State Board of Education. The county
board of education or the State Board of Education, as the case may
be, shall review the petition pursuant to subdivision (b). If the
petitioner elects to submit a petition for establishment of a charter
school to the county board of education and the county board of
education denies the petition, the petitioner may file a petition for
establishment of a charter school with the State Board of Education.
(2) In assuming its role as a chartering agency, the State Board
of Education shall develop criteria to be used for the review and
approval of charter school petitions presented to the State Board of
Education. The criteria shall address all elements required for
charter approval, as identified in subdivision (b) of Section 47605
and shall define "reasonably comprehensive" as used in paragraph (5)
of subdivision (b) of Section 47605 in a way that is consistent with
the intent of the Charter Schools Act of 1992. Upon satisfactory
completion of the criteria, the State Board of Education shall adopt
the criteria on or before June 30, 2001.
(3) A charter school for which a charter is granted by either the
county board of education or the State Board of Education pursuant to
this subdivision shall qualify fully as a charter school for all
funding and other purposes of this part.
(4) If either the county board of education or the State Board of
Education fails to act on a petition within 120 days of receipt, the
decision of the governing board of the school district, to deny a
petition shall, thereafter, be subject to judicial review.
(5) The State Board of Education shall adopt regulations
implementing this subdivision.
(6) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition to the State
Board of Education.
(k) (1) The State Board of Education may, by mutual agreement,
designate its supervisorial and oversight responsibilities for a
charter school approved by the State Board of Education to any local
education agency in the county in which the charter school is located
or to the governing board of the school district that first denied
the petition.
(2) The designated local education agency shall have all
monitoring and supervising authority of a chartering agency,
including, but not limited to, powers and duties set forth in Section
47607, except the power of revocation, which shall remain with the
State Board of Education.
(3) A charter school that has been granted its charter by the
State Board of Education and elects to seek renewal of its charter
shall, prior to expiration of the charter, submit its petition for
renewal to the governing board of the school district that initially
denied the charter. If the governing board of the school district
denies the school's petition for renewal, the school may petition the
State Board of Education for renewal of its charter.
(l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority. It is the intent of the
Legislature that charter schools be given flexibility with regard to
noncore, noncollege preparatory courses.
SEC. 1.5. Section 47605 of the Education Code is amended to read:
47605. (a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within any school district
may be circulated by any one or more persons seeking to establish the
charter school. The petition may be submitted to the governing
board of the school district for review after either of the following
conditions are met:
(A) The petition has been signed by a number of parents or
guardians of pupils that is equivalent to at least one-half of the
number of pupils that the charter school estimates will enroll in the
school for its first year of operation.
(B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation.
(2) In the case of a petition for the establishment of a charter
school through the conversion of an existing public school, that
would not be eligible for a loan pursuant to subdivision (b) of
Section 41365, the petition may be circulated by any one or more
persons seeking to establish the converted charter school. The
petition may be submitted to the governing board of the school
district for review after the petition has been signed by not less
than 50 percent of the permanent status teachers currently employed
at the public school to be converted.
(3) A petition shall include a prominent statement that a
signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child, or ward, attend
the charter school, or in the case of a teacher's signature, means
that the teacher is meaningfully interested in teaching at the
charter school. The proposed charter shall be attached to the
petition.
(b) No later than 30 days after receiving a petition, in
accordance with subdivision (a), the governing board of the school
district shall hold a public hearing on the provisions of the
charter, at which time the governing board of the school district
shall consider the level of support for the petition by teachers
employed by the district, other employees of the district, and
parents. Following review of the petition and the public hearing,
the governing board of the school district shall either grant or deny
the charter within 60 days of receipt of the petition, provided,
however, that the date may be extended by an additional 30 days if
both parties agree to the extension. In reviewing petitions for the
establishment of charter schools pursuant to this section, the
chartering authority shall be guided by the intent of the Legislature
that charter schools are and should become an integral part of the
California educational system and that establishment of charter
schools should be encouraged. A school district governing board
shall grant a charter for the operation of a school under this part
if it is satisfied that granting the charter is consistent with sound
educational practice. The governing board of the school district
shall not deny a petition for the establishment of a charter school
unless it makes written factual findings, specific to the particular
petition, setting forth specific facts to support one or more of the
following findings:
(1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
(3) The petition does not contain the number of signatures
required by subdivision (a).
(4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
(5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
(A) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs. The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
(B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
(D) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
(E) The qualifications to be met by individuals to be employed by
the school.
(F) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall
include the requirement that each employee of the school furnish the
school with a criminal record summary as described in Section 44237.
(G) The means by which the 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 submitted.
(H) Admission requirements, if applicable.
(I) The manner in which annual, independent, financial audits
shall be conducted, which shall employ generally accepted accounting
principles, and the manner in which audit exceptions and deficiencies
shall be resolved to the satisfaction of the chartering authority.
(J) The procedures by which pupils can be suspended or expelled.
(K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
(L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.
(M) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.
(N) The procedures to be followed by the charter school and the
entity granting the charter to resolve disputes relating to
provisions of the charter.
(O) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
(c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall on a regular basis consult with their
parents and teachers regarding the school's educational programs.
(d) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, or
disability. Except as provided in paragraph (2), admission to a
charter school shall not be determined according to the place of
residence of the pupil, or of his or her parent or guardian, within
this state, except that any existing public school converting
partially or entirely to a charter school under this part shall adopt
and maintain a policy giving admission preference to pupils who
reside within the former attendance area of that public school.
(2) (A) A charter school shall admit all pupils who wish to attend
the school.
(B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing. Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
district except as provided for in Section 47614.5. Other
preferences may be permitted by the chartering authority on an
individual school basis and only if consistent with the law.
(C) In the event of a drawing, the chartering authority shall make
reasonable efforts to accommodate the growth of the charter school
and, in no event, shall take any action to impede the charter school
from expanding enrollment to meet pupil demand.
(e) No governing board of a school district shall require any
employee of the school district to be employed in a charter school.
(f) No governing board of a school district shall require any
pupil enrolled in the school district to attend a charter school.
(g) The governing board of a school district shall require that
the petitioner or petitioners provide information regarding the
proposed operation and potential effects of the school, including,
but not limited to, the facilities to be utilized by the school, the
manner in which administrative services of the school are to be
provided, and potential civil liability effects, if any, upon the
school and upon the school district. The petitioner or petitioners
shall also be required to provide financial statements that include a
proposed first-year operational budget, including startup costs, and
cash-flow and financial projections for the first three years of
operation.
(h) In reviewing petitions for the establishment of charter
schools within the school district, the school district governing
board shall give preference to petitions that demonstrate the
capability to provide comprehensive learning experiences to pupils
identified by the petitioner or petitioners as academically low
achieving pursuant to the standards established by the State
Department of Education under Section 54032.
(i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition, to
the State Board of Education.
(j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to either the county board of
education or directly to the State Board of Education. The county
board of education or the State Board of Education, as the case may
be, shall review the petition pursuant to subdivision (b). If the
petitioner elects to submit a petition for establishment of a charter
school to the county board of education and the county board of
education denies the petition, the petitioner may file a petition for
establishment of a charter school with the State Board of Education.
(2) In assuming its role as a chartering agency, the State Board
of Education shall develop criteria to be used for the review and
approval of charter school petitions presented to the State Board of
Education. The criteria shall address all elements required for
charter approval, as identified in subdivision (b) of Section 47605
and shall define "reasonably comprehensive" as used in paragraph (5)
of subdivision (b) of Section 47605 in a way that is consistent with
the intent of the Charter Schools Act of 1992. Upon satisfactory
completion of the criteria, the State Board of Education shall adopt
the criteria on or before June 30, 2001.
(3) A charter school for which a charter is granted by either the
county board of education or the State Board of Education pursuant to
this subdivision shall qualify fully as a charter school for all
funding and other purposes of this part.
(4) If either the county board of education or the State Board of
Education fails to act on a petition within 120 days of receipt, the
decision of the governing board of the school district, to deny a
petition shall, thereafter, be subject to judicial review.
(5) The State Board of Education shall adopt regulations
implementing this subdivision.
(6) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition to the State
Board of Education.
(k) (1) The State Board of Education
may, by mutual agreement, designate its supervisorial and oversight
responsibilities for a charter school approved by the State Board of
Education to any local education agency in the county in which the
charter school is located or to the governing board of the school
district that first denied the petition.
(2) The designated local education agency shall have all
monitoring and supervising authority of a chartering agency,
including, but not limited to, powers and duties set forth in Section
47607, except the power of revocation, which shall remain with the
State Board of Education.
(3) A charter school that has been granted its charter by the
State Board of Education and elects to seek renewal of its charter
shall, prior to expiration of the charter, submit its petition for
renewal to the governing board of the school district that initially
denied the charter. If the governing board of the school district
denies the school's petition for renewal, the school may petition the
State Board of Education for renewal of its charter.
(l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority. It is the intent of the
Legislature that charter schools be given flexibility with regard to
noncore, noncollege preparatory courses.
(m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to its chartering entity and the State Department of Education by
December 15 of each year. This subdivision shall not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.
SEC. 2. Section 47612.5 of the Education Code is amended to read:
47612.5. (a) Notwithstanding any other provision of law, a
charter school shall do all of the following:
(1) Offer, at a minimum, the same number of minutes of instruction
set forth in paragraph (3) of subdivision (a) of Section 46201 for
the appropriate grade levels.
(2) Maintain written contemporaneous records that document all
pupil attendance and make these records available for audit and
inspection.
(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600) of
Part 33 in the same manner as other pupils attending public schools
as a condition of apportionment of state funding.
(b) Notwithstanding any other provision of law and except to the
extent inconsistent with this section and Section 47634.2, a charter
school that provides independent study shall comply with Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 and
implementing regulations adopted thereunder. The State Board of
Education shall adopt regulations that apply this article to charter
schools. To the extent that these regulations concern the
qualifications of instructional personnel, the State Board of
Education shall be guided by subdivision (l) of Section 47605.
(c) (1) Notwithstanding any other provision of law and except as
provided in paragraph (1) of subdivision (d), a charter school that
has an approved charter may receive funding for nonclassroom-based
instruction only if a determination for funding is made pursuant to
Section 47634.2 by the State Board of Education. The determination
for funding shall be subject to any conditions or limitations the
State Board of Education may prescribe. The State Board of Education
shall adopt regulations on or before February 1, 2002, that define
and establish general rules governing nonclassroom-based instruction
that apply to all charter schools and to the process for determining
funding of nonclassroom-based instruction by charter schools offering
nonclassroom-based instruction other than the nonclassroom-based
instruction allowed by paragraph (1) of subdivision (d).
Nonclassroom-based instruction includes, but is not limited to,
independent study, home study, work study, and distance and
computer-based education. In prescribing any conditions or
limitations relating to the qualifications of instructional
personnel, the State Board of Education shall be guided by
subdivision (l) of Section 47605.
(2) Except as provided in paragraph (2) of subdivision (b) of
Section 47634.2, a charter school that receives a determination
pursuant to subdivision (b) of Section 47634.2 is not required to
reapply annually for a funding determination of its
nonclassroom-based instruction program if an update of the
information the State Board of Education reviewed when initially
determining funding would not require material revision, as that term
is defined in regulations adopted by the board. Notwithstanding any
provision of law, the State Board of Education may require a charter
school to provide updated information at any time it determines that
a review of that information is necessary. The State Board of
Education may terminate a determination for funding if updated or
additional information requested by the board is not made available
to the board by the charter school within a reasonable amount of time
or if the information otherwise supports termination. A
determination for funding pursuant to Section 47634.2 may not exceed
five years.
(3) A charter school that offers nonclassroom-based instruction in
excess of the amount authorized by paragraph (1) of subdivision (d)
is subject to the determination for funding requirement of Section
47634.2 to receive funding each time its charter is renewed or
materially revised pursuant to Section 47607. A charter school that
materially revises its charter to offer nonclassroom-based
instruction in excess of the amount authorized by paragraph (1) of
subdivision (d) is subject to the determination for funding
requirement of Section 47634.2.
(d) (1) Notwithstanding any other provision of law, and as a
condition of apportionment, "classroom-based instruction" in a
charter school, for the purposes of this part, occurs only when
charter school pupils are engaged in educational activities required
of those pupils and are under the immediate supervision and control
of an employee of the charter school who possesses a valid teaching
certification in accordance with subdivision (l) of Section 47605.
For purposes of calculating average daily attendance for
classroom-based instruction apportionments, at least 80 percent of
the instructional time offered by the charter school shall be at the
schoolsite, and the charter school shall require the attendance of
all pupils for whom a classroom-based apportionment is claimed at the
schoolsite for at least 80 percent of the minimum instructional time
required to be offered pursuant to paragraph (1) of subdivision (a)
of Section 47612.5.
(2) For the purposes of this part, "nonclassroom instruction" or
"nonclassroom-based instruction" means instruction that does not meet
the requirements specified in paragraph (1). The State Board of
Education may adopt regulations pursuant to paragraph (1) of
subdivision (c) specifying other conditions or limitations on what
constitutes nonclassroom-based instruction, as it deems appropriate
and consistent with this part.
(3) For purposes of this part, a schoolsite is a facility that is
used principally for classroom instruction.
SEC. 2.5. Section 47612.5 of the Education Code is amended to
read:
47612.5. (a) Notwithstanding any other provision of law and as a
condition of apportionment, a charter school shall do all of the
following:
(1) Offer, at a minimum, the same number of minutes of instruction
set forth in paragraph (3) of subdivision (a) of Section 46201 for
the appropriate grade levels.
(2) Maintain written contemporaneous records that document all
pupil attendance and make these records available for audit and
inspection.
(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600) of
Part 33 in the same manner as other pupils attending public schools
as a condition of apportionment of state funding.
(b) Notwithstanding any other provision of law and except to the
extent inconsistent with this section and Section 47634.2, a charter
school that provides independent study shall comply with Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 and
implementing regulations adopted thereunder. The State Board of
Education shall adopt regulations that apply this article to charter
schools. To the extent that these regulations concern the
qualifications of instructional personnel, the State Board of
Education shall be guided by subdivision (l) of Section 47605.
(c) A reduction in apportionment made pursuant to subdivision (a)
shall be proportional to the magnitude of the exception that causes
the reduction. For purposes of paragraph (1) of subdivision (a), for
each charter school that fails to offer pupils the minimum number of
minutes of instruction specified in that paragraph, the
Superintendent of Public Instruction shall withhold from the charter
school's apportionment for average daily attendance of the affected
pupils, by grade level, the sum of that apportionment multiplied by
the percentage of the minimum number of minutes of instruction at
each grade level that the charter school failed to offer.
(d) (1) Notwithstanding any other provision of law and except as
provided in paragraph (1) of subdivision (e), a charter school that
has an approved charter may receive funding for nonclassroom-based
instruction only if a determination for funding is made pursuant to
Section 47634.2 by the State Board of Education. The determination
for funding shall be subject to any conditions or limitations the
State Board of Education may prescribe. The State Board of Education
shall adopt regulations on or before February 1, 2002, that define
and establish general rules governing nonclassroom-based instruction
that apply to all charter schools and to the process for determining
funding of nonclassroom-based instruction by charter schools offering
nonclassroom-based instruction other than the nonclassroom-based
instruction allowed by paragraph (1) of subdivision (e).
Nonclassroom-based instruction includes, but is not limited to,
independent study, home study, work study, and distance and
computer-based education. In prescribing any conditions or
limitations relating to the qualifications of instructional
personnel, the State Board of Education shall be guided by
subdivision (l) of Section 47605.
(2) Except as provided in paragraph (2) of subdivision (b) of
Section 47634.2, a charter school that receives a determination
pursuant to subdivision (b) of Section 47634.2 is not required to
reapply annually for a funding determination of its
nonclassroom-based instruction program if an update of the
information the State Board of Education reviewed when initially
determining funding would not require material revision, as that term
is defined in regulations adopted by the board. Notwithstanding any
provision of law, the State Board of Education may require a charter
school to provide updated information at any time it determines that
a review of that information is necessary. The State Board of
Education may terminate a determination for funding if updated or
additional information requested by the board is not made available
to the board by the charter school within a reasonable amount of time
or if the information otherwise supports termination. A
determination for funding pursuant to Section 47634.2 may not exceed
five years.
(3) A charter school that offers nonclassroom-based instruction in
excess of the amount authorized by paragraph (1) of subdivision (e)
is subject to the determination for funding requirement of Section
47634.2 to receive funding each time its charter is renewed or
materially revised pursuant to Section 47607. A charter school that
materially revises its charter to offer nonclassroom-based
instruction in excess of the amount authorized by paragraph (1) of
subdivision (e) is subject to the determination for funding
requirement of Section 47634.2.
(e) (1) Notwithstanding any other provision of law, and as a
condition of apportionment, "classroom-based instruction" in a
charter school, for the purposes of this part, occurs only when
charter school pupils are engaged in educational activities required
of those pupils and are under the immediate supervision and control
of an employee of the charter school who possesses a valid teaching
certification in accordance with subdivision (l) of Section 47605.
For purposes of calculating average daily attendance for
classroom-based instruction apportionments, at least 80 percent of
the instructional time offered by the charter school shall be at the
schoolsite, and the charter school shall require the attendance of
all pupils for whom a classroom-based apportionment is claimed at the
schoolsite for at least 80 percent of the minimum instructional time
required to be offered pursuant to paragraph (1) of subdivision (a)
of Section 47612.5.
(2) For the purposes of this part, "nonclassroom instruction" or
"nonclassroom-based instruction" means instruction that does not meet
the requirements specified in paragraph (1). The State Board of
Education may adopt regulations pursuant to paragraph (1) of
subdivision (d) specifying other conditions or limitations on what
constitutes nonclassroom-based instruction, as it deems appropriate
and consistent with this part.
(3) For purposes of this part, a schoolsite is a facility that is
used principally for classroom instruction.
SEC. 3. Section 47614.5 is added to the Education Code, to read:
47614.5. (a) The Charter School Facility Grant Program is hereby
established and shall be administered by the State Department of
Education. This grant program is intended to provide assistance with
facilities rent and lease costs for pupils in charter schools.
(b) Subject to the annual Budget Act, eligible schools shall
receive an amount of up to, but no more than, seven hundred fifty
dollars ($750) per unit of average daily attendance, as certified at
the second principal apportionment, to reimburse an amount of up to,
but no more than, 75 percent of the annual facilities rent and lease
costs for the charter school. In any fiscal year, if the funds
appropriated for the purposes of this section by the annual Budget
Act are insufficient to fund the approved amounts fully, the
Superintendent of Public Instruction shall apportion the available
funds on a pro rata basis.
(c) The State Department of Education shall do all of the
following:
(1) Inform charter schools of this program.
(2) Upon application by a charter school, determine eligibility,
based on the geographic location of the charter schoolsite. Charter
schoolsites physically located in the attendance area of a public
elementary school in which 70 percent or more of pupil enrollment is
eligible for free or reduced price meals are eligible for funding
pursuant to this section. Eligibility for funding shall not be
limited to the grade level or levels served by the school whose
attendance area is used to determine eligibility.
(3) Inform charter schools of their grant eligibility.
(4) Reimburse charter schools for eligible expenditures in a
timely manner.
(d) Funding pursuant to this section shall not be apportioned for
the following:
(1) Units of average daily attendance generated through
nonclassroom-based instruction as defined by paragraph (2) of
subdivision (d) of Section 47612.5 or that does not comply with
conditions or limitations set forth in regulations adopted by the
State Board of Education pursuant to this section.
(2) Charter schools occupying existing school district or county
office of education facilities.
(3) Charter schools receiving reasonably equivalent facilities
from their chartering authority pursuant to Section 47614.
(e) Funds made available pursuant to this section shall be used
only for costs associated with facilities rents and leases,
consistent with the definitions used in the California School
Accounting Manual. These costs may include, but are not limited to,
costs associated with remodeling buildings, deferred maintenance,
initially installing or extending service systems and other built-in
equipment, and improving sites.
(f) If the number of pupils who wish to attend a charter school
that applies for and receives a grant pursuant to this section
exceeds the school's capacity, preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
elementary school attendance area in which the charter school is
located.
(g) If an existing charter school located in an elementary
attendance area in which less than 50 percent of pupil enrollment is
eligible for free or reduced price meals relocates to an attendance
area identified in paragraph (2) of subdivision (c), admissions
preference shall be given to pupils who reside in the elementary
school attendance area into which the charter school is relocating.
(h) For each fiscal year, the Superintendent of Public Instruction
shall annually report to the State Board of Education regarding the
use of any funds that have been made available to each charter school
from the grant program established pursuant to this section.
(i) It is the intent of the Legislature that ten million dollars
($10,000,000) be appropriated for the Charter School Facility Grant
Program for the grants authorized under this section for the 2001-02,
2002-03, and 2003-04 fiscal years.
SEC. 4. Section 47616.7 is added to the Education Code, to read:
47616.7. The evaluation provided for in Section 47616.5 shall
include an analysis of the funding system for charter schools that
offer nonclassroom-based instruction. The evaluation shall also
examine the effectiveness of the State Board of Education's process,
as provided for in Sections 47612.5 and 47634.2, for approving
funding for charter schools offering nonclassroom-based instruction.
SEC. 5. Section 47634.2 is added to the Education Code, to read:
47634.2. (a) (1) Notwithstanding any other provision of law, the
amount of funding to be allocated to a charter school on the basis of
average daily attendance that is generated by pupils engaged in
nonclassroom-based instruction, as defined by paragraph (2) of
subdivision (d) of Section 47612.5, including funding provided on the
basis of average daily attendance pursuant to Sections 47613.1,
47633, 47634, and 47664, shall be adjusted by the State Board of
Education. The State Board of Education shall adopt regulations
setting forth criteria for the determination of funding for
nonclassroom-based instruction, at a minimum the regulation shall
specify that the nonclassroom-based instruction is conducted for the
instructional benefit of the student and substantially dedicated to
that function. In developing these criteria and determining the
amount of funding to be allocated to a charter school pursuant to
this section, the State Board of Education shall consider, among
other factors it deems appropriate, the amount of the charter school'
s total budget expended on certificated employee salaries and
benefits and on schoolsites, as defined in paragraph (3) of
subdivision (d) of Section 47612.5, and the teacher-to-pupil ratio in
the school.
(2) For the 2001-02 fiscal year only, the amount of funding
determined by the State Board of Education pursuant to this section
shall not be less than 90 percent of the unadjusted amount to which a
charter school would otherwise be entitled on the basis of average
daily attendance.
(3) For the 2002-03 fiscal year, the amount of funding determined
by the State Board of Education pursuant to this section shall not be
more than 80 percent of the unadjusted amount to which a charter
school would otherwise be entitled, unless the State Board of
Education determines that a greater or lesser amount is appropriate
based on the criteria specified in paragraph (1) of subdivision (a).
(4) For the 2003-04 fiscal year and each fiscal year thereafter,
the amount of funding determined by the State Board of Education
pursuant to this section shall not be more than 70 percent of the
unadjusted amount to which a charter school would otherwise be
entitled, unless the State Board of Education determines that a
greater or lesser amount is appropriate based on the criteria
specified in paragraph (1) of subdivision (a).
(5) This section does not authorize the board to adjust the amount
of funding a charter school receives on the basis of average daily
attendance generated through classroom-based instruction, as defined
for purposes of calculating average daily attendance for
classroom-based instruction apportionments by paragraph (1) of
subdivision (d) of Section 47612.5.
(b) (1) The State Board of Education shall appoint an advisory
committee to recommend criteria to the board in accordance with this
section if it has not done so by the effective date of the act adding
this section. The advisory committee shall include, but is not
limited to, representatives from school district superintendents,
charter schools, teachers, parents, members of the governing boards
of school districts, county superintendents of schools, and the
Superintendent of Public Instruction.
(2) If a charter school submits a substantially complete request
for a determination for funding by February 13, 2002, and the State
Board of Education does not act on that request by March 19, 2002,
full funding is automatically granted for the 2001-02 fiscal year,
but the charter school shall reapply for a determination for funding
for the 2002-03 fiscal year.
(3) The determination for funding shall be on a percentage basis
and the superintendent shall implement the determination for funding
by reducing the charter school's reported average daily attendance by
the determination for funding percentage specified by the State
Board of Education.
(4) If the State Board of Education denies request for a
determination for funding or provides a reduction as authorized by
subdivision (a), the board shall, in writing, give the reasons for
its denial or reduction and, if appropriate, may describe how any
deficiencies or problems may be addressed.
(c) Each charter school offering nonclassroom-based instruction
shall, in each report provided to the Superintendent of Public
Instruction for apportionment purposes, identify the portion of its
average daily attendance that is generated through nonclassroom-based
instruction as defined in paragraph (2) of subdivision (d) of
Section 47612.5.
(d) Notwithstanding any other provision of law, charter schools
shall be subject, with regard to subdivisions (c) and (d) of Section
47612.5 and this section, to audits conducted pursuant to Section
41020.
SEC. 6. (a) The State Board of Education may adopt regulations for
the purposes of Section 47612.5, 47614.5, 47634.2 or other sections
as necessary to effectively implement this act as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For the purposes of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code), including Section 11349.6 of the Government
Code, the adoption of the regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare, notwithstanding
subdivision (e) of Section 11346.1 of the Government Code.
Notwithstanding subdivision (e) of Section 11346.1 of the Government
Code, any regulation adopted pursuant to this section shall not
remain in effect more than 180 days unless the State Board of
Education complies with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, as
required by subdivision (e) of Section 11346.1 of the Government
Code.
(b) It is the intent of the Legislature that, for purposes of
making the computations required by Section 8 of Article XVI of the
California Constitution, appropriations made to implement Section
47614.5 of the Education Code be deemed to be "General Fund" revenues
allocated to school districts as defined in subdivision (c) of
Section 41202 of the Education Code for the 2001-02 fiscal year and
each fiscal year thereafter and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B" as defined in subdivision (e) of Section 41202 of the Education
Code, for the fiscal year for which an appropriation is made.
(c) Notwithstanding any other provision of law, any changes to
funding levels for charter schools made by the act adding this
section shall apply to the entire 2001-02 fiscal year regardless of
when this act takes effect.
SEC. 7. Section 1.5 of this bill incorporates amendments to
Section 47605 of the Education Code proposed by both this bill and SB
675. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2002, (2) each bill
amends Section 47605 of the Education Code, and (3) this bill is
enacted after SB 675, in which case Section 1 of this bill shall not
become operative.
SEC. 8. Section 2.5 of this bill incorporates amendments to
Section 47612.5 of the Education Code proposed by this bill and SB
955. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2002, (2) each bill
amends Section 47612.5 of the Education Code, and (3) this bill is
enacted after SB 955, in which case Section 47612.5 of the Education
Code, as amended by SB 955, shall remain operative only until the
operative date of this bill, at which time Section 2.5 of this bill
shall become operative, and Section 2 of this bill shall not become
operative.