2007 California Education Code Article 5. Apportionment Of Funds

CA Codes (edc:47650-47652)

EDUCATION CODE
SECTION 47650-47652



47650.  A charter school shall be deemed to be a school district for
purposes of determining the manner in which warrants are drawn on
the State School Fund pursuant to Section 14041.  For purposes of
Section 14041, a charter school's "total amount certified" means the
state aid portion of the charter school's total general-purpose
entitlement and categorical block grant computed pursuant to Sections
47633 and 47634.



47651.  (a) A charter school may receive the state aid portion of
the charter school's total general-purpose entitlement and
categorical block grant directly or through the local educational
agency that either grants its charter or was designated by the State
Board of Education.
   (1) In the case of a charter school that elects to receive its
funding directly, the warrant shall be drawn in favor of the
superintendent of schools of the county in which the local
educational agency that approved the charter or was designated by the
State Board of Education as the oversight agency pursuant to
paragraph (1) of subdivision (k) of Section 47605 is located, for
deposit to the appropriate funds or accounts of the charter school in
the county treasury.  The county superintendent of schools is
authorized to establish appropriate funds or accounts in the county
treasury for each charter school.
   (2) In the case of a charter school that does not elect to receive
its funding directly pursuant to Section 47651, the warrant shall be
drawn in favor of the superintendent of schools of the county in
which the local educational agency that granted the charter is
located or was designated the oversight agency by the board pursuant
to paragraph (1) of subdivision (k) of Section 47605, for deposit to
the appropriate funds or accounts of the local educational agency.
   (3) In the case of a charter school, the charter of which was
granted by the State Board of Education, but for which the board has
not delegated oversight responsibilities pursuant to paragraph (1) of
subdivision (k) of Section 47605, the warrant shall be drawn in
favor of the superintendent of schools in the county where the local
educational agency is located that initially denied the charter that
was later approved by the board.  The county superintendent of
schools is authorized to establish appropriate funds or accounts in
the county treasury for each charter school.
   (b)  On or before June 1 of each year, a charter school electing
to receive its funding directly shall so notify the county
superintendent of schools of the county in which the local
educational agency that granted the charter is located or, in the
case of charters for which the State Board of Education has
designated an oversight agency pursuant to paragraph (1) of
subdivision (k) of Section 47605, the county superintendent of
schools of the county in which the designated oversight agency is
located.  An election to receive funding directly shall apply to all
funding that the charter school is eligible to receive including, but
not limited to, the charter general-purpose entitlements and the
categorical block grant computed pursuant to Sections 47633 and
47634, other state and federal categorical aid, and lottery funds.



47652.  (a) Notwithstanding Section 41330, a charter school in its
first year of operation shall be eligible to receive funding for the
advance apportionment based on an estimate of average daily
attendance for the current fiscal year, as approved by the local
educational agency that granted its charter and the county office of
education in which the charter-granting agency is located. For
charter schools approved by the state board, estimated average daily
attendance shall be submitted directly to, and approved by, the
department. Not later than five business days following the end of
the first 20 schooldays, a charter school receiving funding pursuant
to this section shall report to the department its actual average
daily attendance for that first month, and the Superintendent shall
adjust immediately, but not later than 45 days, the amount of its
advance apportionment accordingly.
   (b) In addition to funding received pursuant to Section 41330, a
charter school in its second or later year of operation also shall be
eligible to receive an advance apportionment pursuant to the process
and conditions described in subdivision (a) in any year in which the
charter school is adding at least one grade level. The average daily
attendance funded for a new grade level shall not exceed the portion
of the certified average daily attendance at the second principal
apportionment for the prior year that was attributable to pupils in
the highest grade served by the charter school.
   (c) A charter school in its first year of operation may only
commence instruction within the first three months of the fiscal year
beginning July 1 of that year. A charter school shall not be
eligible for an apportionment pursuant to subdivision (a), or any
other apportionment for a fiscal year in which instruction commenced
after September 30 of that fiscal year.

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