Amended in Senate July 2, 2014

Amended in Assembly May 1, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2007

Introduced by Assembly Member Grove

(Principal coauthor: Assembly Member Olsen)

February 20, 2014

An act to amend begin insert , repeal, and add end insert Section 51747.3 of the Education Code, relating to charter schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 2007, as amended, Grove. Virtual or online charter schools: average daily attendance.

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.

This bill begin insert , until January 1, 2018, end insert would authorize a virtual or online charter school, as defined, to also claim independent study average daily attendance for a pupil who is enrolled in a virtual or online charter school and moves to a residence outside of the geographic boundaries in which the virtual or online charter school is authorized to operate for the duration of the virtual or online charter school course or courses or until the end of the school year, whichever occurs first.

begin insert

The bill would require the State Department of Education to report to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on or before December 31, 2016, on the department’s assessment of the need for a virtual or online charter school to claim the independent study average daily attendance of pupils enrolled in a virtual or online charter school that have moved outside of the geographic boundaries in which the virtual or online charter school is authorized for the duration of the courses in which the pupils are enrolled.

end insert

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 51747.3 of the Education Code is
amended to read:

51747.3.  

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

(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 enrolled in the school and moves to a residence
located outside of the geographical boundaries of the virtual or
online charter school. The virtual or online charter school may
claim independent study average daily attendance for the pupil
under this paragraph only for the duration of the course or courses
in which the pupil is enrolled or until the end of the school year,
whichever occurs first.

(c) The Superintendent 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 Item
6110-101-001 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, by the
Superintendent, or under any provision of Part 26.8 (commencing
with Section 47600).

(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.

begin insert

(f) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 51747.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 51747.3. end insert   

(a) Notwithstanding any other 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 local
educational agency has provided any funds or other thing of value
to the pupil or his or her parent or guardian that the local
educational 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 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 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 Item
6110-101-001 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, by the
Superintendent, or under any provision of Part 26.8 (commencing
with Section 47600).

(e) This section shall become operative on January 1, 2018.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The State Department of Education shall report to the
appropriate policy committees of both houses of the Legislature,
the Department of Finance, and the Legislative Analyst’s Office
on or before December 31, 2016, on the department’s assessment
of the need for a virtual or online charter school to claim the
independent study average daily attendance of pupils enrolled in
a virtual or online charter school that have moved outside of the
geographic boundaries in which the virtual or online charter
school is authorized for the duration of the courses in which the
pupils are enrolled, as authorized pursuant to paragraph (2) of
subdivision (b) of Section 51747.3 of the Education Code. end insert