BILL NUMBER: AB 1426 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 27, 2015
An act to amend Section Sections
47612.5 and 47634.2 of the Education Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1426, as amended, Levine. Charter schools: classroom-based
instruction. and nonclassroom-based
instruction: blended learning charter schools.
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. 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
, subject to any conditions or limitations the state board
may prescribe.
This bill would 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. 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. 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
(b) ( c) of Section 47634.2, a
charter school that receives a determination pursuant to subdivision
(b) (c) 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 (b) (c) 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 by 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).
(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).
(B) (i) 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, "
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.
(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.
(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).
SEC. 2. Section 47634.2 of the
Education Code is amended to read:
47634.2. (a) (1) Notwithstanding any other provision of
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 (d) (e) of
Section 47612.5, including funding provided on the basis of average
daily attendance pursuant to Sections 47613.1,
47613.1 and 47633, 47634, and 47664,
shall be adjusted by the State Board of Education.
state board. The State Board of Education
state board shall adopt regulations setting
forth criteria for the determination of funding for
nonclassroom-based instruction, instruction
and, at a minimum minimum, the
regulation regulations 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 State Board of Education
state board 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 (d)
(e) 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 State Board of Education
state board 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 2002-03 2002-03 fiscal
year, the amount of funding determined by the State Board of
Education state board 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
State Board of Education state board 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 State Board of
Education state board 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
State Board of Education state board 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 state 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.
(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.
(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.
(b)
( c) (1) The State Board of
Education state board shall appoint an advisory
committee to recommend criteria to the state 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 Superintendent of Public Instruction.
Superintendent.
(2) If a charter school submits a substantially complete request
for a determination for funding by February 13, 2002, and the
State Board of Education state board
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 superintendent Superintendent
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 State Board of
Education. state board.
(4) If the State Board of Education state
board denies a request for a determination for
funding or provides a reduction as authorized by subdivision (a), the
state 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.
(c)
( d) Each charter school offering
nonclassroom-based instruction shall, in each report provided to the
Superintendent of Public Instruction 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 (d)
(e) of Section 47612.5.
(d)
( e) Notwithstanding any other
provision of 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.