California Legislature—2013–14 Regular Session

Assembly BillNo. 377


Introduced by Assembly Member Grove

February 14, 2013


An act to amend Section 51747.3 of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 377, as introduced, Grove. Charter schools: average daily attendance: independent study: online charter schools.

Existing law requires community school and independent study average daily attendance to be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported or pupils who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.

This bill would authorize a virtual or online charter school, as defined, to claim independent study average daily attendance for pupils who are residents of the county in which the apportionment is reported, or who are residents of any other county in the state.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 51747.3 of the Education Code is
2amended to read:

3

51747.3.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, a
4local educational agency, including, but not limited to, a charter
P2    1school, may not claim state funding for the independent study of
2a pupil, whether characterized as home study or otherwise, if the
3agency has provided any funds or other thing of value to the pupil
4or his or her parent or guardian that the agency does not provide
5to pupils who attend regular classes or to their parents or guardians.
6A charter school may not claim state funding for the independent
7study of a pupil, whether characterized as home study or otherwise,
8if the charter school has provided any funds or other thing of value
9to the pupil or his or her parent or guardian that a school district
10could not legally provide to a similarly situated pupil of the school
11district, or to his or her parent or guardian.

12(b) begin insert(1)end insertbegin insertend insertNotwithstanding paragraph (1) of subdivision (d) of
13Section 47605 or any other provision of law, community school
14and independent study average daily attendance shall be claimed
15by school districts, county superintendents of schools, and charter
16schools only for pupils who are residents of the county in which
17the apportionment claim is reported, or who are residents of a
18county immediately adjacent to the county in which the
19apportionment claim is reportedbegin insert, except as provided in paragraph
20(2)end insert
.

begin insert

21(2) Notwithstanding paragraph (1), a virtual or online charter
22school, as defined in Section 11963.5 of Title 5 of the California
23Code of Regulations, may claim independent study average daily
24attendance for pupils who are residents of the county in which the
25apportionment is reported, or who are residents of any other county
26in the state.

end insert

27(c) The Superintendentbegin delete of Public Instructionend delete shall not apportion
28funds for reported average daily attendance, through full-time
29independent study, of pupils who are enrolled in school pursuant
30to subdivision (b) of Section 48204.

31(d) In conformity with Provisions 25 and 28 of Section 2.00 of
32the Budget Act of 1992, this section is applicable to average daily
33attendance reported for apportionment purposes beginning July 1,
341992. The provisions of this section are not subject to waiver by
35thebegin delete State Board of Educationend deletebegin insert state boardend insert, by the State
36Superintendentbegin delete of Public Instructionend delete, or under any provision of
37Part 26.8 (commencing with Section 47600).



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