BILL NUMBER: AB 168	CHAPTERED  05/10/02

	CHAPTER  36
	FILED WITH SECRETARY OF STATE  MAY 10, 2002
	APPROVED BY GOVERNOR  MAY 9, 2002
	PASSED THE ASSEMBLY  APRIL 25, 2002
	PASSED THE SENATE  APRIL 22, 2002
	AMENDED IN SENATE  APRIL 18, 2002
	AMENDED IN SENATE  FEBRUARY 13, 2002
	AMENDED IN ASSEMBLY  JANUARY 29, 2002
	AMENDED IN ASSEMBLY  JANUARY 7, 2002

INTRODUCED BY   Assembly Member Nation

                        FEBRUARY 5, 2001

   An act to amend, repeal, and add Section 47612 of the Education
Code, relating to charter schools, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 168, Nation.   Charter schools:  funding.
   Existing law requires the Controller, commencing with the
1999-2000 fiscal year, to transfer from the General Fund to Section A
of the State School Fund, a continuously appropriated fund, amounts
necessary to meet computed apportionments of general-purpose funding
for charter schools, as specified.  These provisions become
inoperative on July 1, 2002, and are repealed on January 1, 2003.
   This bill would, until July 1, 2004, specify that a charter school
shall be treated as a school district for purposes of the State
School Fund.
   By extending appropriations through the 2003-04 fiscal year, the
bill would thereby make an appropriation.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47612 of the Education Code is amended to read:

   47612.  (a) A charter school shall be deemed to be under the
exclusive control of the officers of the public schools for purposes
of Section 8 of Article IX of the California Constitution, with
regard to the appropriation of public moneys to be apportioned to any
charter school, including, but not limited to, appropriations made
for the purposes of this chapter.
   (b) The average daily attendance in a charter school may not, in
any event, be generated by a pupil who is not a California resident.
To remain eligible for generating charter school apportionments, a
pupil over 19 years of age shall be continuously enrolled in public
school and make satisfactory progress towards award of a high school
diploma.  The State Board of Education shall, on or before January 1,
2000, adopt regulations defining "satisfactory progress."
   (c) A charter school shall be deemed to be a "school district" for
purposes of Article 1 (commencing with Section 14000) of Chapter 1
of Part 9, Section 41301, Section 41302.5, Article 10 (commencing
with Section 41850) of Part 24, Section 47638, and Sections 8 and 8.5
of Article XVI of the California Constitution.
   (d) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute that
is enacted before January 1, 2005, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 2.  Section 47612 is added to the Education Code, to read:
   47612.  (a) A charter school shall be deemed to be under the
exclusive control of the officers of the public schools for purposes
of Section 8 of Article IX of the California Constitution, with
regard to the appropriation of public moneys to be apportioned to any
charter school, including, but not limited to, appropriations made
for the purposes of this chapter.
   (b) The average daily attendance in a charter school may not, in
any event, be generated by a pupil who is not a California resident.
To remain eligible for generating charter school apportionments, a
pupil over 19 years of age shall be continuously enrolled in public
school and make satisfactory progress towards award of a high school
diploma.  The State Board of Education shall, on or before January 1,
2000, adopt regulations defining "satisfactory progress."
   (c) A charter school shall be deemed to be a "school district" for
purposes of Section 41302.5, Article 10 (commencing with Section
41850) of Part 24, Section 47638, and Sections 8 and 8.5 of Article
XVI of the California Constitution.
   (d) This section shall become operative on July 1, 2004.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure the ongoing funding mechanism for charter
schools that is otherwise due to expire and would thereby jeopardize
the education of pupils attending charter schools, it is necessary
that this act take effect immediately.