BILL NUMBER: AB 2007	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Grove
    (   Principal coauthor:   Assembly Member
  Olsen  ) 

                        FEBRUARY 20, 2014

   An act to amend Section  47601   51747.3
 of the Education Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2007, as amended, Grove.  Charter schools: operation.
  Virtual or online charter schools: average daily
attendance.  
   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 also claim independent study average daily attendance for
pupils who are residents of any other county in the state, under
specified circumstances, including if the pupil is enrolled in the
virtual or online charter school and moves to a residence outside of
the geographic boundaries in which the charter school is authorized
to operate, and continues enrollment in the virtual or online charter
school.  
   The Charter Schools Act of 1992 allows one or more persons seeking
to establish a charter school within a school district to circulate
a petition to that effect. The act provides for the establishment and
operation of a charter school, as prescribed. Existing law expresses
the Legislature's intent to provide opportunities for teachers,
parents, pupils, and community members to establish and maintain
schools that operate independently from the existing school district
structure, as a method to accomplish specified goals. 

   This bill would make a nonsubstantive change to the latter
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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  local educational  agency has provided
any funds or other thing of value to the pupil or his or her parent
or guardian that the  local educational  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,  and except as specified in paragraph (2), 
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. 
   (2) In addition to claiming independent study average daily
attendance pursuant to paragraph (1), a virtual or online charter
school may also claim independent study average daily attendance for
a pupil who is a resident of a county outside of the geographical
boundaries in which the virtual or online charter school is
authorized to operate under either of the following circumstances:
 
   (A) The pupil is enrolled in the virtual or online charter school
and moves to a residence located outside of the geographic boundaries
in which the virtual or online charter school may operate, and
continues enrollment in the virtual or online charter school. 

   (B) The pupil transfers to another school because he or she moves
to a residence located outside of the geographic boundaries of the
virtual or online charter school, and reenrolls in the virtual or
online charter school within two years of his or her transfer from
the virtual or online charter school while continuing to reside in an
area outside of the virtual or online charter school's authorized
geographic boundaries. Under this subparagraph, the virtual or online
charter school may claim independent study average daily attendance
once the pupil reenrolls in the virtual or online charter school.

   (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, by the State Superintendent of
Public Instruction,  state board, by the Superintendent,
 or under any provision of Part 26.8 (commencing with Section
47600). 
   (e) For purposes of this section, "virtual or online charter
school" means a charter school in which at least 80 percent of
teaching and pupil interaction occurs via the Internet. 

  SECTION 1.    Section 47601 of the Education Code
is amended to read:
   47601.  It is the intent of the Legislature, in enacting this
part, to provide an opportunity for teachers, parents, pupils, and
community members to establish and maintain schools that operate
independently from the existing school district structure, as a
method to accomplish all of the following:
   (a) Improve pupil learning.
   (b) Increase learning opportunities for all pupils, with special
emphasis on expanded learning experiences for pupils who are
identified as academically low achieving.
   (c) Encourage the use of different and innovative teaching
methods.
   (d) Create new professional opportunities for teachers, including
the opportunity to be responsible for the learning program at the
schoolsite.
   (e) Provide parents and pupils with expanded choices in the types
of educational opportunities that are available within the public
school system.
   (f) Hold the schools established under this part accountable for
meeting measurable pupil outcomes, and provide the schools with a
method to change from rule-based to performance-based accountability
systems.
   (g) Provide vigorous competition within the public school system
to stimulate continual improvements in all public schools.