BILL NUMBER: SB 378	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Romero

                        FEBRUARY 26, 2009

   An act to amend Section 47614.5 of the Education Code, relating to
charter school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 378, as introduced, Romero. Charter school facilities.
   Existing law establishes the Charter School Facility Grant Program
to provide assistance with facility rent and lease costs for pupils
in charter schools and states the intent of the Legislature that not
less than $18,000,000 annually be appropriated for purposes of the
program. Eligibility for a grant is based on the percentage of pupils
who are eligible for free and reduced price meals and are enrolled
in the charter school or reside in the attendance area of, or are
enrolled in, the public elementary school where the charter school is
physically located. Funds appropriated for purposes of the program
are prohibited from being apportioned for units of average daily
attendance generated through nonclassroom based instruction, as
defined, or for a school that does not comply with conditions or
limitations set forth in regulations adopted by the state board.
   Existing law, commencing with the 2008-09 fiscal year, phases out
the Year-Round School Grant Program over a 4-year period by reducing
grant amounts by 20% each fiscal year and requires that the Budget
Acts for each fiscal year of the phase out period appropriate to the
State Department of Education for the Charter School Facility Grant
Program an amount equal to the amount appropriated for the 2007-08
fiscal year, plus the amount equal to the reduction in funding for
the Year-Round School Grant Program.
   This bill would delete the prohibition against apportionments
under the Charter School Grant Program for units of average daily
attendance generated through nonclassroom based instruction or for a
school that does not comply with conditions or limitations set forth
in regulations adopted by the state board.
   The bill would require eligibility for this grant program to be
expanded if funds remain after charter schools that meet the existing
free and reduced price meals threshold are funded.
   The bill would specify deadlines by which grant funding would be
required to be allocated to charter schools.
   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 47614.5 of the Education Code is amended to
read:
   47614.5.  (a) The Charter School Facility Grant Program is hereby
established and shall be administered by the department. The grant
program is intended to provide assistance with facilities rent and
lease costs for pupils in charter schools.
   (b) Subject to the annual Budget Act, eligible schools shall
receive an amount of up to, but not more than, seven hundred fifty
dollars ($750) per unit of average daily attendance, as certified at
the second principal apportionment, to reimburse an amount of up to,
but not more than, 75 percent of the annual facilities rent and lease
costs for the charter school. In any fiscal year, if the funds
appropriated for the purposes of this section by the annual Budget
Act are insufficient to fund the approved amounts fully, the
Superintendent shall apportion the available funds on a pro rata
basis.
   (c) For purposes of this section, the department shall do all of
the following:
   (1) Inform charter schools of the grant program.
   (2) Upon application by a charter school, determine eligibility,
based on the geographic location of the charter schoolsite, pupil
eligibility for free or reduced price meals, and a preference in
admissions, as appropriate. Eligibility for funding shall not be
limited to the grade level or levels served by the school whose
attendance area is used to determine eligibility. Charter schoolsites
are eligible for funding pursuant to this section if the charter
schoolsite meets either of the following conditions:
   (A) The charter schoolsite is physically located in the attendance
area of a public elementary school in which 70 percent or more of
the pupil enrollment is eligible for free or reduced  priced
  price  meals and the schoolsite gives a
preference in admissions to pupils who are currently enrolled in that
public elementary school and to pupils who reside in the elementary
school attendance area where the charter schoolsite is located.
   (B) Seventy percent or more of the pupil enrollment at the charter
schoolsite is eligible for free or reduced price meals. 
   (C) Notwithstanding subparagraphs (A) and (B), in any year in
which additional funds remain after state and federal funds are
allocated to eligible applicants who meet the eligibility criteria in
subparagraphs (A) and (B), the department shall expand eligibility
to additional schools by reducing the free and reduced price meals
threshold 5 percentage points at a time, but in no case below 50
percent. The department shall allocate funds to schools below the 70
percent free and reduced price meals threshold in order of the
highest eligibility percentage first until all available funds are
allocated. 
   (3) Inform charter schools of their grant eligibility.
   (4) Reimburse charter schools for eligible expenditures in a
timely manner.  Funding shall be allocated within 120 days of the
start of the fiscal year in which the costs are incurred based on
estimates of the cost of an eligible school. The department may
withhold up to 25 percent of the total payment of a school pending
the final documentation of actual costs incurred, but shall allocate
the final payment for eligible costs no later than 60 days after the
start of the following fiscal year.  
   (5) No later than June 30, 2005, report to the Legislature on the
number of charter schools that have participated in the grant program
pursuant to the expanded eligibility prescribed in paragraph (2). In
addition, the report shall provide recommendations and suggestions
on improving the grant program. 
   (d) Funds appropriated for purposes of this section shall not be
apportioned for any of the following: 
   (1) Units of average daily attendance generated through
nonclassroom-based instruction as defined by paragraph (2) of
subdivision (d) of Section 47612.5 or that does not comply with
conditions or limitations set forth in regulations adopted by the
state board pursuant to this section.  
   (2) 
    (1)  Charter  schools occupying  
scho   ol facility costs associated with  existing
school district or county office of education facilities. 
   (3) 
    (2)  Charter  schools receiving  
school facility costs associated with  reasonably equivalent
facilities from their chartering authority pursuant to Section 47614.

   (e) Funds appropriated for purposes of this section shall be used
for costs associated with facilities rents and leases, consistent
with the definitions used in the California School Accounting Manual.
These funds also may be used for costs, including, but not limited
to, costs associated with remodeling buildings, deferred maintenance,
initially installing or extending service systems and other built-in
equipment, and improving sites.
   (f) If an existing charter school located in an elementary
attendance area in which less than 50 percent of pupil enrollment is
eligible for free or reduced price meals relocates to an attendance
area identified in paragraph (2) of subdivision (c), admissions
preference shall be given to pupils who reside in the elementary
school attendance area into which the charter school is relocating.
   (g) The Superintendent annually shall report to the state board
regarding the use of funds that have been made available during the
fiscal year to each charter school pursuant to the grant program.
   (h) It is the intent of the Legislature that not less than
eighteen million dollars ($18,000,000) annually be appropriated for
purposes of the grant program on the same basis as other elementary
and secondary education categorical programs.