BILL NUMBER: AB 2912 CHAPTERED 09/26/02 CHAPTER 930 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE SENATE AUGUST 27, 2002 PASSED THE ASSEMBLY MAY 16, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 INTRODUCED BY Assembly Member Florez FEBRUARY 25, 2002 An act to amend and renumber Sections 47661 and 47661.5 of, and to add Section 42238.53 to, the Education Code, relating to charter schools. LEGISLATIVE COUNSEL'S DIGEST AB 2912, Florez. Charter schools: funding. Existing law requires the county superintendent of schools to determine a revenue limit for each school in the county pursuant to a prescribed formula, and requires, for purposes of that apportionment, that average daily attendance be calculated, as prescribed. This bill would, notwithstanding any other provisions of law, make those provisions relating to the calculation of average daily attendance inapplicable for purposes of determining the base revenue limit or block grant average daily attendance for charter school pupils who reside in a school district in which all schools have been converted to charter schools and that elect not to receive funding under specified provisions, and would make conforming changes in related provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 42238.53 is added to the Education Code, to read: 42238.53. (a) Sections 42238.51 and 42238.52 shall not apply to resident pupils in charter schools operating under the districtwide charter of a district that has converted all of its schools to charter status pursuant to Section 47606 and has elected not to be funded pursuant to Article 2 of Chapter 6 of Part 26 (commencing with Section 47633). (b) For the purposes of this section, "resident pupils" means pupils who reside in, and are otherwise eligible to attend, a school in the specified district. SEC. 2. Section 47661 of the Education Code is amended and renumbered to read: 42238.51. For purposes of paragraph (1) of subdivision (a) of Section 42238.5, a sponsoring school district's average daily attendance shall be computed as follows: (a) Compute the sponsoring school district's regular average daily attendance in the current year, excluding all attendance of pupils in charter schools. (b) Compute the sponsoring school district's second principal apportionment regular average daily attendance for the prior year, excluding all attendance of pupils who either attended a charter school in the prior year or who satisfy both of the following conditions: (1) He or she attended one or more noncharter schools of the school district between July 1 and the last day of the second period, inclusive, in the prior year. (2) He or she attended a charter school sponsored by the school district between July 1 and the last day of the second period, inclusive, in the current year. (c) To the greater of the amounts computed pursuant to subdivisions (a) and (b), add the regular average daily attendance in the current year of all pupils attending charter schools sponsored by the district that are not funded pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26. (d) For the purposes of this section, a "sponsoring school district" shall mean a "sponsoring local educational agency," as defined in Section 47632. SEC. 3. Section 47661.5 of the Education Code is amended and renumbered to read: 42238.52. (a) Notwithstanding any other provision of law, the prior year average daily attendance for a school district determined pursuant to subdivision (b) of Section 42238.51 shall be increased by the prior year second principal apportionment average daily attendance of district residents only of any school that meets the following description: (1) The school was a district noncharter school in any year prior to the prior year. (2) The school was operated as a district-approved charter school in the prior year. (3) The school is again operated as a district noncharter school in the current year. (b) An adjustment to prior year average daily attendance pursuant to this section may not be made for the attendance of pupils who were not residents of the school district in the prior year. (c) This section applies to the 2000-01 fiscal year and subsequent fiscal years.