BILL NUMBER: AB 377	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 51747.3 of the Education Code is amended to
read:
   51747.3.  (a) Notwithstanding any other  provision of
 law, a local educational agency, including, but not limited
to, a charter school, may not claim state funding for the
independent study of a pupil, whether characterized as home study or
otherwise, if the agency has provided any funds or other thing of
value to the pupil or his or her parent or guardian that the agency
does not provide to pupils who attend regular classes or to their
parents or guardians. A charter school may not claim state funding
for the independent study of a pupil, whether characterized as home
study or otherwise, if the charter school has provided any funds or
other thing of value to the pupil or his or her parent or guardian
that a school district could not legally provide to a similarly
situated pupil of the school district, or to his or her parent or
guardian.
   (b)  (1)    Notwithstanding paragraph (1) of
subdivision (d) of Section 47605 or any other provision of law,
community school and independent study average daily attendance shall
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 who are residents of
a county immediately adjacent to the county in which the
apportionment claim is reported  , except as provided in
paragraph (2)  . 
   (2) Notwithstanding paragraph (1), a virtual or online charter
school, as defined in Section 11963.5 of Title 5 of the California
Code of Regulations, may 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. 
   (c) The Superintendent  of Public Instruction 
shall not apportion funds for reported average daily attendance,
through full-time independent study, of pupils who are enrolled in
school pursuant to subdivision (b) of Section 48204.
   (d) In conformity with Provisions 25 and 28 of Section 2.00 of the
Budget Act of 1992, this section is applicable to average daily
attendance reported for apportionment purposes beginning July 1,
1992. The provisions of this section are not subject to waiver by the
 State Board of Education  state board  ,
by the State Superintendent  of Public Instruction 
, or under any provision of Part 26.8 (commencing with Section
47600).