2007 California Education Code Article 2. Charter School Block Grant

CA Codes (edc:47633-47635)

EDUCATION CODE
SECTION 47633-47635



47633.  The Superintendent of Public Instruction shall annually
compute a general-purpose entitlement, funded from a combination of
state aid and local funds, for each charter school as follows:
   (a) The superintendent shall annually compute the statewide
average amount of general-purpose funding per unit of average daily
attendance received by school districts for each of four grade level
ranges:  kindergarten and grades 1, 2, and 3; grades 4, 5, and 6;
grades 7 and 8; and, grades 9 to 12, inclusive.  For purposes of
making these computations, both of the following conditions shall
apply:
   (1) Revenue limit funding attributable to pupils in kindergarten
and grades 1 to 5, inclusive, shall equal the statewide average
revenue limit funding per unit of average daily attendance received
by elementary school districts; revenue limit funding attributable to
pupils in grades 6, 7, and 8, shall equal the statewide average
revenue limit funding per unit of average daily attendance received
by unified school districts; and revenue limit funding attributable
to pupils in grades 9 to 12, inclusive, shall equal the statewide
average revenue limit funding per unit of average daily attendance
received by high school districts.
   (2) Revenue limit funding received by school districts shall
exclude the value of any benefit attributable to the presence of
necessary small schools or necessary small high schools within the
school district.
   (b) The superintendent shall multiply each of the four amounts
computed in subdivision (a) by the charter school's average daily
attendance in the corresponding grade level ranges.  The resulting
figure shall be the amount of the charter school's general-purpose
entitlement, which shall be funded through a combination of state aid
and local funds.  From funds appropriated for this purpose pursuant
to Section 14002, the superintendent shall apportion to each charter
school this amount, less local funds allocated to the charter school
pursuant to Section 47635.
   (c) General-purpose entitlement funding may be used for any public
school purpose determined by the governing body of the charter
school.



47634.1.  (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
   (1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
   (2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, may not be less than the
minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
   (3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
   (4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
   (b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars (0) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
   (2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum amount
of Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
   (c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars (0) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
   (2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, may not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
   (d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year. On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
   (e) Commencing October 1, 2007, the Legislative Analyst's Office
shall triennially convene a work group to review, commencing with
appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
   (f) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.



47634.2.  (a) (1) Notwithstanding any other provision of 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 (d) of Section 47612.5, including funding provided on the
basis of average daily attendance pursuant to Sections 47613.1,
47633, 47634, and 47664, shall be adjusted by the State Board of
Education.  The State Board of Education shall adopt regulations
setting forth criteria for the determination of funding for
nonclassroom-based instruction, at a minimum the regulation 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 of Education 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) of
subdivision (d) 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 of Education 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 of Education 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 of
Education 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 of Education
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 of Education 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 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) of Section 47612.5.
   (b) (1) The State Board of Education shall appoint an advisory
committee to recommend criteria to the 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 of Public Instruction.
   (2) If a charter school submits a substantially complete request
for a determination for funding by February 13, 2002, and the State
Board of Education 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 of Education.
   (4) If the State Board of Education denies request for a
determination for funding or provides a reduction as authorized by
subdivision (a), the 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.
   (c) Each charter school offering nonclassroom-based instruction
shall, in each report provided to the Superintendent of Public
Instruction 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 (d) of
Section 47612.5.
   (d) Notwithstanding any other provision of law, charter schools
shall be subject, with regard to subdivisions (c) and (d) of Section
47612.5 and this section, to audits conducted pursuant to Section
41020.


47634.3.  For purposes of Section 47633, the Superintendent shall
compute average daily attendance in each of grades 1 through 12,
respectively, as follows:
   (a) Distribute statewide total ungraded enrollment and average
daily attendance among kindergarten and each of grades 1 through 12,
inclusive, in proportion to the amounts of graded enrollment and
average daily attendance, respectively, in each of these grades.
   (b) Multiply enrollment in each of grades 1 through 12,
respectively, by the ratio of average daily attendance to enrollment
in the applicable grade range: 1 through 3, inclusive, 4 through 6,
inclusive; 7 and 8; and 9 through 12, inclusive.



47634.4.  (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
   (b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation with its
chartering authority, apply for federal and state categorical
programs not specified in this section, but only to the extent it is
eligible for funding and meets the provisions of the program.
   (c) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, a charter school may not
apply directly for categorical programs for which services are
exclusively or almost exclusively provided by a county office of
education.
   (d) Consistent with subdivision (c), a charter school may not
receive direct funding for any of the following county-administered
categorical programs:
   (1) American Indian Education Centers.
   (2) The California Association of Student Councils.
   (3) California Technology Assistance Project established pursuant
to Article 15 (commencing with Section 51870) of Chapter 5 of Part
28.
   (4) The Center for Civic Education.
   (5) County Office Fiscal Crisis and Management Assistance Team.
   (6) The K-12 High Speed Network.
   (e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
   (f) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, in addition to the
programs listed in subdivision (d), a charter school may not apply
for any of the following categorical programs:
   (1) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28.
   (2) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28.
   (3) California Peer Assistance and Review Program for Teachers, as
set forth in Article 4.5 (commencing with Section 44500) of Chapter
3 of Part 25.
   (4) College preparation programs, as set forth in Chapter 12
(commencing with Section 11020) of Part 7, Chapter 8.3 (commencing
with Section 52240) of Part 28, and Chapter 8 (commencing with
Section 60830) of Part 33.
   (5) English Language Acquisition Program, as set forth in Chapter
4 (commencing with Section 400) of Part 1.
   (6) Foster youth programs pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24.
   (7) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.
   (8) Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5
and Article 10 (commencing with Section 41850) of Chapter 5 of Part
24.
   (9) International Baccalaureate Diploma Program, as set forth in
Chapter 12.5 (commencing with Section 52920) of Part 28.
   (10) Mathematics and Reading Professional Development Program, as
set forth in Article 3 (commencing with Section 99230) of Chapter 5
of Part 65.
   (11) Principal Training Program, as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.
   (12) Professional Development Block Grant, as set forth in Article
5 (commencing with Section 41530) of Chapter 3.2 of Part 24.
   (13) Program to Reduce Class Size in Two Courses in Grade 9
(formerly The Morgan-Hart Class Size Reduction Act of 1989), as set
forth in Chapter 6.8 (commencing with Section 52080) of Part 28.
   (14) Pupil Retention Block Grant, as set forth in Article 2
(commencing with Section 41505) of Chapter 3.2 of Part 24.
   (15) Reader services for blind teachers, as set forth in Article
8.5 (commencing with Section 45370) of Chapter 5 of Part 25.
   (16) School and Library Improvement Block Grant, as set forth in
Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24.

   (17) School Safety Consolidated Competitive Grant, as set forth in
Article 3 (commencing with Section 41510) of Chapter 3.2 of Part 24.

   (18) School safety programs, as set forth in Article 3.6
(commencing with Section 32228) and Article 3.8 (commencing with
Section 32239.5) of Chapter 2 of Part 19.
   (19) Specialized secondary schools pursuant to Chapter 6
(commencing with Section 58800) of Part 31.
   (20) State Instructional Materials Fund, as set forth in Article 3
(commencing with Section 60240) of Chapter 2 of Part 33.
   (21) Targeted Instructional Improvement Block Grant, as set forth
in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part
24.
   (22) Teacher dismissal apportionment, as set forth in Section
44944.
   (23) The deferred maintenance program, as set forth in Article 1
(commencing with Section 17565) of Chapter 5 of Part 10.5.
   (24) The General Fund contribution to the State Instructional
Materials Fund pursuant to Article 3 (commencing with Section 60240)
of Chapter 2 of Part 33.
   (25) Year-Round School Grant Program, as set forth in Article 3
(commencing with Section 42260) of Chapter 7 of Part 24.



47635.  (a) A sponsoring local educational agency shall annually
transfer to each of its charter schools funding in lieu of property
taxes equal to the lesser of the following two amounts:
   (1) The average amount of property taxes per unit of average daily
attendance, including average daily attendance attributable to
charter schools, received by the local educational agency, multiplied
by the charter school's average daily attendance.
   (2) The statewide average general-purpose funding per unit of
average daily attendance received by school districts, as determined
by the State Department of Education, multiplied by the charter
school's average daily attendance in each of the four corresponding
grade level ranges:  kindergarten and grades 1, 2, and 3; grades 4,
5, and 6; grades 7 and 8; and grades 9 to 12, inclusive.
   (b) The sponsoring local educational agency shall transfer funding
in lieu of property taxes to the charter school in monthly
installments, by no later than the 15th of each month.
   (1) For the months of August to February, inclusive, a charter
school's funding in lieu of property taxes shall be computed based on
the amount of property taxes received by the sponsoring local
educational agency during the preceding fiscal year, as reported to
the Superintendent of Public Instruction for purposes of the second
principal apportionment.  A sponsoring local educational agency shall
transfer to the charter school the charter school's estimated annual
entitlement to funding in lieu of property taxes as follows:
   (A) Six percent in August.
   (B) Twelve percent in September.
   (C) Eight percent each month in October, November, December,
January, and February.
   (2) For the months of March to June, inclusive, a charter school's
funding in lieu of property taxes shall be computed based on the
amount of property taxes estimated to be received by the sponsoring
local educational agency during the fiscal year, as reported to the
Superintendent of Public Instruction for purposes of the first
principal apportionment.  A sponsoring local educational agency shall
transfer to each of its charter schools an amount equal to one-sixth
of the difference between the school's estimated annual entitlement
to funding in lieu of property taxes and the amounts provided
pursuant to paragraph (1).  An additional one-sixth of this
difference shall be included in the amount transferred in the month
of March.
   (3) For the month of July, a charter school's funding in lieu of
property taxes shall be computed based on the amount of property
taxes estimated to be received by the sponsoring local educational
agency during the prior fiscal year, as reported to the
Superintendent of Public Instruction for purposes of the second
principal apportionment.  A sponsoring local educational agency shall
transfer to each of its charter schools an amount equal to the
remaining difference between the school's estimated annual
entitlement to funding in lieu of property taxes and the amounts
provided pursuant to paragraphs (1) and (2).
   (4) Final adjustments to the amount of funding in lieu of property
taxes allocated to a charter school shall be made in February, in
conjunction with the final reconciliation of annual apportionments to
schools.
   (5) Subdivision (a) and paragraphs (1) to (4), inclusive, of
subdivision (b) do not apply for pupils who reside in, and are
otherwise eligible to attend a school in, a basic aid school
district, but who attend a charter school in a nonbasic aid school
district.  With regard to these pupils, the sponsoring basic aid
district shall transfer to the charter school an amount of funds
equivalent to the revenue limit earned through average daily
attendance by the charter school for each pupil's attendance, not to
exceed the average property tax share per unit of average daily
attendance for pupils residing and attending in the basic aid
district.  The transfer of funds shall be made in not fewer than two
installments at the request of the charter school, the first
occurring not later than February 1 and the second not later than
June 1 of each school year.  Payments shall reflect the average daily
attendance certified for the time periods of the first and second
principal apportionments, respectively.  The Superintendent of Public
Instruction may not apportion any funds for the attendance of pupils
described in this subdivision unless the amount transferred by the
basic aid district is less than the revenue limit earned by the
charter school, in which event the Superintendent of Public
Instruction shall apportion the difference to the charter school from
state funds.

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