Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1426

Introduced by Assembly Member Levine

February 27, 2015

An act to amend begin delete Section end delete begin insert Sections end insert 47612.5 begin insert and 47634.2 end insert of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 1426, as amended, Levine. Charter schools: classroom-based begin delete instruction. end delete begin insert and nonclassroom-based instruction: blended learning charter schools. end insert

Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines “classroom-based instruction” as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite. begin insert The act authorizes a charter school to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education end insert begin insert , subject to any conditions or limitations the state board may prescribe. end insert

This bill would begin delete instead require, for a charter school that only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter and has no more than one satellite facility, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 60% of the instructional time offered by the charter school be at the charter schoolsite. end delete begin insert subject to that determination for funding for nonclassroom-based instruction a “blended learning charter school,” defined as a charter school through which a pupil learns at least in part through online delivery of content and instruction and at least in part at a supervised location away from home, that offers classroom-based instruction no less than 60% and no more than 80% of the instructional time, and that satisfies other specified criteria. The bill would provide that a blended learning charter school shall be considered a classroom-based school for certain purposes. The bill would require the state board to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school, as provided. end insert The bill would also make nonsubstantive changes.

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 47612.5 of the Education Code is
amended to read:

47612.5.  

(a) Notwithstanding any other law, and as a condition
of apportionment, a charter school shall do all of the following:

(1) For each fiscal year, offer, at a minimum, the following
number of minutes of instruction:

(A) To pupils in kindergarten, 36,000 minutes.

(B) To pupils in grades 1 to 3, inclusive, 50,400 minutes.

(C) To pupils in grades 4 to 8, inclusive, 54,000 minutes.

(D) To pupils in grades 9 to 12, inclusive, 64,800 minutes.

(2) Maintain written contemporaneous records that document
all pupil attendance and make these records available for audit and
inspection.

(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600)
of Part 33 in the same manner as other pupils attending public
schools as a condition of apportionment of state funding.

(b) Notwithstanding any other law, and except to the extent
inconsistent with this section and Section 47634.2, a charter school
that provides independent study shall comply with Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 and
implementing regulations adopted thereunder. The state board
shall adopt regulations that apply this article to charter schools.
To the extent that these regulations concern the qualifications of
instructional personnel, the state board shall be guided by
subdivision (l) of Section 47605.

(c) A reduction in apportionment made pursuant to subdivision
(a) shall be proportional to the magnitude of the exception that
causes the reduction. For purposes of paragraph (1) of subdivision
(a), for each charter school that fails to offer pupils the minimum
number of minutes of instruction specified in that paragraph, the
Superintendent shall withhold from the charter school’s
apportionment for average daily attendance of the affected pupils,
by grade level, the sum of that apportionment multiplied by the
percentage of the minimum number of minutes of instruction at
each grade level that the charter school failed to offer.

(d) (1) Notwithstanding any other law, and except as provided
in paragraph (1) of subdivision (e), a charter school that has an
approved charter may receive funding for nonclassroom-based
instruction only if a determination for funding is made pursuant
to Section 47634.2 by the state board. The determination for
funding shall be subject to any conditions or limitations the state
board may prescribe. The state board shall adopt regulations on
or before February 1, 2002, that define and establish general rules
governing nonclassroom-based instruction that apply to all charter
schools and to the process for determining funding of
nonclassroom-based instruction by charter schools offering
nonclassroom-based instruction other than the nonclassroom-based
instruction allowed by paragraph (1) of subdivision (e).
Nonclassroom-based instruction includes, but is not limited to,
independent study, home study, work study, and distance and
computer-based education. In prescribing any conditions or
limitations relating to the qualifications of instructional personnel,
the state board shall be guided by subdivision (l) of Section 47605.

(2) Except as provided in paragraph (2) of subdivision begin delete (b) end delete begin insert (c) end insert
of Section 47634.2, a charter school that receives a determination
pursuant to subdivision begin delete (b) end delete begin insert (c) end insert of Section 47634.2 is not required
to reapply annually for a funding determination of its
nonclassroom-based instruction program if an update of the
information the state board reviewed when initially determining
funding would not require material revision, as that term is defined
in regulations adopted by the state board. A charter school that has
achieved a rank of 6 or greater on the Academic Performance Index
for the two years immediately before receiving a funding
determination pursuant to subdivision begin delete (b) end delete begin insert (c) end insert of Section 47634.2
shall receive a five-year determination and is not required to
annually reapply for a funding determination of its
nonclassroom-based instruction program if an update of the
information the state board reviewed when initially determining
funding would not require material revision, as that term is defined
in regulations adopted by the state board. Notwithstanding any
other law, the state board may require a charter school to provide
updated information at any time it determines that a review of that
information is necessary. The state board may terminate a
determination for funding if updated or additional information
requested by the state board is not made available to the state board
by the charter school within a reasonable amount of time or if the
information otherwise supports termination. A determination for
funding pursuant to Section 47634.2 may not exceed five years.

(3) A charter school that offers nonclassroom-based instruction
in excess of the amount authorized by paragraph (1) of subdivision
(e) is subject to the determination for funding requirement of
Section 47634.2 to receive funding each time its charter is renewed
or materially revised pursuant to Section 47607. A charter school
that materially revises its charter to offer nonclassroom-based
instruction in excess of the amount authorized by paragraph (1)
of subdivision (e) is subject to the determination for funding
requirement of Section 47634.2.

(e) (1) Notwithstanding any other law, and as a condition of
apportionment, “classroom-based instruction” in a charter school,
for purposes of this part, occurs only when charter school pupils
are engaged in educational activities required of those pupils and
are under the immediate supervision and control of an employee
of the charter school who possesses a valid teaching certification
in accordance with subdivision (l) of Section 47605.

(A) Except as provided begin delete by end delete in subparagraph (B), for purposes
of calculating average daily attendance for classroom-based
instruction apportionments, at least 80 percent of the instructional
time offered by a charter school shall be at the schoolsite, and the
charter school shall require the attendance of all pupils for whom
a classroom-based apportionment is claimed at the schoolsite for
at least 80 percent of the minimum instructional time required to
be offered pursuant to paragraph (1) of subdivision (a).

begin delete

(B) For purposes of calculating average daily attendance for
classroom-based instruction apportionments, at least 60 percent
of the instructional time offered by a charter school that only
operates a single schoolsite within the geographic jurisdiction of
the authority that granted its charter and has no more than one
satellite facility, as provided for in subdivision (c) of Section
47605.1, shall be at the schoolsite, and the charter school shall
require the attendance of all pupils for whom a classroom-based
apportionment is claimed at the schoolsite for at least 60 percent
of the minimum instructional time required to be offered pursuant
to paragraph (1) of subdivision (a).

end delete

begin insert (B) end insert begin insert   end insert begin insert (i) end insert begin insert   end insert begin insert A blended learning charter school that offers
classroom-based instruction no less than 60 percent and no more
than 80 percent of the instructional time offered by the charter
school is subject to the determination for funding requirement of
Section 47634.2 to receive funding. For purposes of this
subparagraph and Section 47634.2, “ end insert begin insert blended learning charter
school” means a charter school that offers a formal education
program in which a pupil learns at least in part through online
delivery of content and instruction with some element of pupil
control over time, place, and pace and at least in part at a
supervised location away from home, operates a single schoolsite
within the geographic jurisdiction of the authority that granted its
charter, and has no more than one satellite facility, as provided
for in subdivision (c) of Section 47605.1. end insert

begin insert

(ii) A blended learning charter school that seeks a funding
determination pursuant to this subparagraph shall be considered
to be a classroom-based school for purposes of Sections 47614
and 47614.5, Chapter 12.5 (commencing with Section 17070.10)
of Part 10 of Division 1 of Title 1, and any other local, state, or
federally funded facility program, provided that the charter school
is otherwise eligible for the facility program.

end insert

(2) For purposes of this part, “nonclassroom instruction” or
“nonclassroom-based instruction” means instruction that does not
meet the requirements specified in paragraph (1). The state board
may adopt regulations pursuant to paragraph (1) of subdivision
(d) specifying other conditions or limitations on what constitutes
nonclassroom-based instruction, as it deems appropriate and
consistent with this part.

(3) For purposes of this part, a schoolsite is a facility that is used
principally for classroom instruction.

(4) Notwithstanding any other law, neither the state board nor
the Superintendent may waive the requirements of paragraph (1)
of subdivision (a).

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 47634.2 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

47634.2.  

(a) (1) Notwithstanding any other begin delete provision of end delete law,
the amount of funding to be allocated to a charter school on the
basis of average daily attendance that is generated by pupils
engaged in nonclassroom-based instruction, as defined by
paragraph (2) of subdivision begin delete (d) end delete begin insert (e) end insert of Section 47612.5, including
funding provided on the basis of average daily attendance pursuant
to Sections begin delete 47613.1, end delete begin insert 47613.1 and end insert 47633, begin delete 47634, and 47664, end delete shall
be adjusted by the begin delete State Board of Education. end delete begin insert state board. end insert The begin delete State
Board of Education end delete begin insert state board end insert shall adopt regulations setting
forth criteria for the determination of funding for
nonclassroom-based begin delete instruction, end delete begin insert instruction and, end insert at a begin delete minimum end delete
begin insert minimum, end insert the begin delete regulation end delete begin insert regulations end insert shall specify that the
nonclassroom-based instruction is conducted for the instructional
benefit of the pupil and substantially dedicated to that function. In
developing these criteria and determining the amount of funding
to be allocated to a charter school pursuant to this section, the begin delete State
Board of Education end delete begin insert state board end insert shall consider, among other factors
it deems appropriate, the amount of the charter school’s total
budget expended on certificated employee salaries and benefits
and on schoolsites, as defined in paragraph (3) of subdivision begin delete (d) end delete
begin insert (e) end insert of Section 47612.5, and the teacher-to-pupil ratio in the school.

(2) For the 2001-02 fiscal year only, the amount of funding
determined by the begin delete State Board of Education end delete begin insert state board end insert pursuant
to this section shall not be less than 90 percent of the unadjusted
amount to which a charter school would otherwise be entitled on
the basis of average daily attendance.

(3) For the begin delete 2002-03 end delete begin insert 2002-03 end insert fiscal year, the amount of funding
determined by the begin delete State Board of Education end delete begin insert state board end insert pursuant
to this section shall not be more than 80 percent of the unadjusted
amount to which a charter school would otherwise be entitled,
unless the begin delete State Board of Education end delete begin insert state board end insert determines that a
greater or lesser amount is appropriate based on the criteria
specified in paragraph (1) of subdivision (a).

(4) For the 2003-04 fiscal year and each fiscal year thereafter,
the amount of funding determined by the begin delete State Board of Education end delete
begin insert state board end insert pursuant to this section shall not be more than 70
percent of the unadjusted amount to which a charter school would
otherwise be entitled, unless the begin delete State Board of Education end delete begin insert state
board end insert determines that a greater or lesser amount is appropriate
based on the criteria specified in paragraph (1) of subdivision (a).

(5) This section does not authorize the begin insert state end insert board to adjust the
amount of funding a charter school receives on the basis of average
daily attendance generated through classroom-based instruction,
as defined for purposes of calculating average daily attendance for
classroom-based instruction apportionments by paragraph (1) of
subdivision (d) of Section 47612.5.

begin insert

(b) (1) The state board shall adopt regulations setting forth
criteria for the determination of funding for a blended learning
charter school as defined in subparagraph (B) of paragraph (1)
of subdivision (e) of Section 47612.5.

end insert begin insert

(2) The state board shall consider the criteria developed
pursuant to paragraph (1) of subdivision (a) and shall include
facility costs for a blended learning charter school as instructional
costs for any funding evaluation that considers the total
instructional costs of the school.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  (1) The begin delete State Board of Education end delete begin insert state board end insert shall appoint
an advisory committee to recommend criteria to the begin insert state end insert board in
accordance with this section if it has not done so by the effective
date of the act adding this section. The advisory committee shall
include, but is not limited to, representatives from school district
superintendents, charter schools, teachers, parents, members of
the governing boards of school districts, county superintendents
of schools, and the begin delete Superintendent of Public Instruction. end delete
begin insert Superintendent. end insert

(2) If a charter school submits a substantially complete request
for a determination for funding by February 13, 2002, and the begin delete State
Board of Education end delete begin insert state board end insert does not act on that request by
March 19, 2002, full funding is automatically granted for the
2001-02 fiscal year, but the charter school shall reapply for a
determination for funding for the 2002-03 fiscal year.

(3) The determination for funding shall be on a percentage basis
and the begin delete superintendent end delete begin insert Superintendent end insert shall implement the
determination for funding by reducing the charter school’s reported
average daily attendance by the determination for funding
percentage specified by the begin delete State Board of Education. end delete begin insert state board. end insert

(4) If the begin delete State Board of Education end delete begin insert state board end insert denies begin insert a end insert request
for a determination for funding or provides a reduction as
authorized by subdivision (a), the begin insert state end insert board shall, in writing, give
the reasons for its denial or reduction and, if appropriate, may
describe how any deficiencies or problems may be addressed.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  Each charter school offering nonclassroom-based instruction
shall, in each report provided to the Superintendent begin delete of Public
Instruction end delete for apportionment purposes, identify the portion of its
average daily attendance that is generated through
nonclassroom-based instruction as defined in paragraph (2) of
subdivision begin delete (d) end delete begin insert (e) end insert of Section 47612.5.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  Notwithstanding any other begin delete provision of end delete law, charter schools
shall be subject, with regard to subdivisions (c) and (d) of Section
47612.5 and this section, to audits conducted pursuant to Section
41020.