BILL NUMBER: SB 434 CHAPTERED 07/23/99 CHAPTER 162 FILED WITH SECRETARY OF STATE JULY 23, 1999 APPROVED BY GOVERNOR JULY 22, 1999 PASSED THE SENATE JULY 8, 1999 PASSED THE ASSEMBLY JUNE 28, 1999 AMENDED IN ASSEMBLY JUNE 28, 1999 AMENDED IN ASSEMBLY JUNE 24, 1999 INTRODUCED BY Senator Johnston FEBRUARY 16, 1999 An act to amend Section 51747.3 of, and to add Section 47612.5 to, the Education Code, relating to charter schools. LEGISLATIVE COUNSEL'S DIGEST SB 434, Johnston. Charter schools. (1) Existing law, the Charter School Act of 1992, permits teachers and parents to petition the governing board of a school district to approve a charter school that would operate independently from the existing school district structure. This bill would require a charter school to offer, at a minimum, a specified number of minutes of instruction for the appropriate age levels, to maintain written, contemporaneous records that document all pupil attendance and to make these records available for audit and inspection. The bill would require a charter school to certify that its pupils have participated in the state testing programs in the same manner as other pupils attending public schools as a condition of apportionment of state funding. The bill would also require a charter school that provides independent study to comply with statutory requirements and implementing regulations adopted thereunder that relate to independent study. The bill would require the State Board of Education to adopt regulations that apply these provisions to charter schools, including regulations that concern the qualifications of instructional personnel. The new requirements for charter schools described in this paragraph would impose a state-mandated local program. (2) Existing law prohibits a local education agency from claiming 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. This bill would make this prohibition applicable to charter schools and would prohibit a charter school from claiming 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. (3) Existing law requires community school and independent study average daily attendance to be claimed by school districts and county superintendents of 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 apply this provision also to charter schools. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 47612.5 is added to the Education Code, to read: 47612.5. (a) Notwithstanding any other provision of law, a charter school shall do all of the following: (1) Offer, at a minimum, the same number of minutes of instruction set forth in paragraph (3) of subdivision (a) of Section 46201 for the appropriate grade levels. (2) Maintain written contemporaneous records that document all pupil attendance and shall 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 provision of law, 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 of Education 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 of Education shall be guided by subdivision (l) of Section 47605. SEC. 2. Section 51747.3 of the Education Code is amended to read: 51747.3. (a) Notwithstanding any other provision of law, a local education 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) 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. (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 (f) 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, or under any provision of Part 26.8 (commencing with Section 47600). SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.