Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2007

Introduced by Assembly Member Grove

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(Principal coauthor: Assembly Member Olsen)

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February 20, 2014

An act to amend Section begin delete 47601 end delete begin insert 51747.3 end insert of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 2007, as amended, Grove. begin delete Charter schools: operation. end delete begin insert Virtual or online charter schools: average daily attendance. end insert

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Existing law requires community school and independent study average daily attendance to 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 pupils who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.

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This bill would authorize a virtual or online charter school, as defined, to also claim independent study average daily attendance for pupils who are residents of any other county in the state, under specified circumstances, including if the pupil is enrolled in the virtual or online charter school and moves to a residence outside of the geographic boundaries in which the charter school is authorized to operate, and continues enrollment in the virtual or online charter school.

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The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act provides for the establishment and operation of a charter school, as prescribed. Existing law expresses the Legislature’s intent to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish specified goals.

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This bill would make a nonsubstantive change to the latter provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 51747.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

51747.3.  

(a) Notwithstanding any other begin delete provision of end delete law, a
local educational 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
begin insert local educational end insert agency has provided any funds or other thing of
value to the pupil or his or her parent or guardian that the begin insert local
educational end insert 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)  begin insert (1) end insert begin insert   end insert Notwithstanding paragraph (1) of subdivision (d) of
Section 47605 or any other begin delete provision of end delete law, begin insert and except as
specified in paragraph (2), end insert 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.

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(2) In addition to claiming independent study average daily
attendance pursuant to paragraph (1), a virtual or online charter
school may also claim independent study average daily attendance
for a pupil who is a resident of a county outside of the geographical
boundaries in which the virtual or online charter school is
authorized to operate under either of the following circumstances:

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(A) The pupil is enrolled in the virtual or online charter school
and moves to a residence located outside of the geographic
boundaries in which the virtual or online charter school may
operate, and continues enrollment in the virtual or online charter
school.

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(B) The pupil transfers to another school because he or she
moves to a residence located outside of the geographic boundaries
of the virtual or online charter school, and reenrolls in the virtual
or online charter school within two years of his or her transfer
from the virtual or online charter school while continuing to reside
in an area outside of the virtual or online charter school’s
authorized geographic boundaries. Under this subparagraph, the
virtual or online charter school may claim independent study
average daily attendance once the pupil reenrolls in the virtual or
online charter school.

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(c) The Superintendent begin delete of Public Instruction end delete shall not apportion
funds for reported average daily attendance, through full-time
independent study, of pupils who are enrolled in school pursuant
to subdivision (b) 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 begin delete State Board of Education, by the State Superintendent of Public
Instruction, end delete begin insert state board, by the Superintendent, end insert or under any
provision of Part 26.8 (commencing with Section 47600).

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(e) For purposes of this section, “virtual or online charter
school” means a charter school in which at least 80 percent of
teaching and pupil interaction occurs via the Internet.

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SECTION 1.  

Section 47601 of the Education Code is amended
to read:

47601.  

It is the intent of the Legislature, in enacting this part,
to provide an opportunity for teachers, parents, pupils, and
community members to establish and maintain schools that operate
independently from the existing school district structure, as a
method to accomplish all of the following:

(a) Improve pupil learning.

(b) Increase learning opportunities for all pupils, with special
emphasis on expanded learning experiences for pupils who are
identified as academically low achieving.

(c) Encourage the use of different and innovative teaching
methods.

(d) Create new professional opportunities for teachers, including
the opportunity to be responsible for the learning program at the
schoolsite.

(e) Provide parents and pupils with expanded choices in the
types of educational opportunities that are available within the
public school system.

(f) Hold the schools established under this part accountable for
meeting measurable pupil outcomes, and provide the schools with
a method to change from rule-based to performance-based
accountability systems.

(g) Provide vigorous competition within the public school
system to stimulate continual improvements in all public schools.

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