BILL NUMBER: AB 1426 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 27, 2015
An act to amend 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 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 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 such a blended learning charter school
shall not lose eligibility for specified school facilities
assistance. assistance based solely on the blended
learning charter school's status as a nonclassroom-based
charter s chool, provided that the charter school is
otherwise eligible for the facility program. 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 (c) of
Section 47634.2, a charter school that receives a determination
pursuant to subdivision (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 (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) (A) 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)
(B) Except as provided in subparagraph (B),
paragraph (3), 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) (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 not lose
eligibility for facilities assistance pursuant to 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) (A) 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 paragraph 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.
(B) A blended learning charter school that seeks a funding
determination pursuant to this paragraph shall report attendance as a
nonclassroom-based charter school and, notwithstanding any other
law, shall not lose eligibility for facilities assistance pursuant to
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, based solely on the
blended learning charter school's status as a nonclassroom-based
charter school, provided that the charter school is otherwise
eligible for the facility program.
(3)
(4) For purposes of this part, a schoolsite is a
facility that is used principally for classroom instruction.
(4)
(5) 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 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 (e) of Section 47612.5, including funding provided on the
basis of average daily attendance pursuant to Sections 47613.1 and
47633, shall be adjusted by the state board. The state board shall
adopt regulations setting forth criteria for the determination of
funding for nonclassroom-based instruction and, at a minimum, the
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 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) (4) of subdivision (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 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 fiscal year, the amount of funding determined
by the 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 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 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 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) (e) 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) (3) 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.
(c) (1) The 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.
(2) If a charter school submits a substantially complete request
for a determination for funding by February 13, 2002, and the 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 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.
(4) If the 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.
(d) Each charter school offering nonclassroom-based instruction
shall, in each report provided to the Superintendent 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 (e) of Section 47612.5.
(e) Notwithstanding any other law, charter schools shall be
subject, with regard to subdivisions (c) and (d)
and (e) of Section 47612.5 and this section, to audits
conducted pursuant to Section 41020.