Bill Text: CA AB1811 | 2011-2012 | Regular Session | Enrolled
Bill Title: Charter schools: funding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-26 - Consideration of Governor's veto pending. [AB1811 Detail]
Download: California-2011-AB1811-Enrolled.html
BILL NUMBER: AB 1811 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE JULY 2, 2012
AMENDED IN SENATE JUNE 12, 2012
AMENDED IN ASSEMBLY MAY 3, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
AMENDED IN ASSEMBLY MARCH 5, 2012
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 21, 2012
An act to amend, repeal, and add Section 47660 of the Education
Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1811, Bonilla. Charter schools: funding.
Existing law states the intent of the Legislature that each
charter school be provided with operational funding that is equal to
the total funding that would be available to a similar school
district serving a similar pupil population, and requires the
Superintendent of Public Instruction to annually compute a
general-purpose entitlement, funded from a combination of state aid
and local funds for each charter school. Existing law requires
revenue limit funding that is computed in the general-purpose
entitlement to be based on the statewide average revenue limit
funding per unit of average daily attendance received by elementary,
unified, and high school districts, as specified. Existing law
requires that the general-purpose entitlement for certain conversion
charter schools to be determined, instead, based on the amount of the
actual unrestricted revenues expended per unit of average daily
attendance for that school in the year before its conversion to, and
operation as, a charter school, adjusted as specified, and for
subsequent fiscal years, based on the prior year allocation, adjusted
as specified, including for any state general-purpose increases.
This bill, commencing with the 2013-14 fiscal year, would require
the general-purpose entitlement of a charter high school that is
established on or after January 1, 2013, through the conversion of an
existing public high school within a unified school district to be
equal, for the first 3 years of operation, to the current year base
revenue limit per unit of average daily attendance of the sponsoring
unified school district, adjusted as specified. Commencing with the
4th year of operation, the bill would require the charter school to
generate general-purpose funding based on the statewide average
revenue limit funding per unit of average daily attendance received
by high school districts. These provisions would become inoperative
either on July 1, 2018, and repealed on January 1, 2019, or on the
effective date of a measure enacting comprehensive school finance
reform, whichever occurs first.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47660 of the Education Code is amended to read:
47660. (a) For purposes of computing eligibility for, and
entitlements to, general-purpose funding and operational funding for
categorical programs, the enrollment and average daily attendance of
a sponsoring local educational agency shall exclude the enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
(b) (1) Notwithstanding subdivision (a), and commencing with the
2005-06 fiscal year, for purposes of computing eligibility for, and
entitlements to, revenue limit funding, the average daily attendance
of a unified school district, other than a unified school district
that has converted all of its schools to charter status pursuant to
Section 47606, shall include all attendance of pupils who reside in
the unified school district and who would otherwise have been
eligible to attend a noncharter school of the unified school
district, if the unified school district was a basic aid school
district in the prior fiscal year, or if the pupils reside in the
unified school district and attended a charter school of that school
district that converted to charter status on or after July 1, 2005.
Only the attendance of the pupils described by this paragraph shall
be included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
(2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
only, for purposes of computing eligibility for, and entitlements to,
revenue limit funding, the average daily attendance of a unified
school district, other than a unified school district that has
converted all of its schools to charter status pursuant to Section
47606 and is operating them as charter schools, shall include all
attendance of pupils who reside in the unified school district and
who would otherwise have been eligible to attend a noncharter school
of the unified school district if the pupils attended a charter
school operating in the unified school district before July 1, 2005.
Only the attendance of pupils described by this paragraph shall be
included in the calculation made pursuant to Section 42241.3. The
attendance of the pupils described by this paragraph shall be
included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
(c) (1) For the attendance of pupils specified in subdivision (b),
the general-purpose entitlement for a charter school that is
established through the conversion of an existing public school
within a unified school district on or after July 1, 2005, but before
January 1, 2010, shall be determined using the following amount of
general-purpose funding per unit of average daily attendance, in lieu
of the amount calculated pursuant to subdivision (a) of Section
47633:
(A) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year before
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as, a charter
school.
(B) For a subsequent fiscal year, the general-purpose entitlement
shall be determined based on the amount per unit of average daily
attendance allocated in the prior fiscal year adjusted for the base
revenue limit per pupil inflation increase adjustment set forth in
Section 42238.1, if this adjustment is provided, and also adjusted
for equalization, deficit reduction, and other state general-purpose
increases, if any, provided for the unified school district in that
fiscal year.
(2) This subdivision shall not apply to a charter school that is
established through the conversion of an existing public school
within a unified school district on or after January 1, 2010, which
instead shall receive general-purpose funding pursuant to Section
47633. This paragraph does not preclude a charter school or unified
school district from agreeing to an alternative funding formula,
including the formula specified in Section 47633.
(d) Commencing with the 2013-14 fiscal year, for the attendance of
pupils specified in subdivision (b), the general-purpose entitlement
of a charter high school that is established on or after January 1,
2013, through the conversion of an existing public high school within
a unified school district shall be equal, for the first three years
of operation, to the current year base revenue limit per unit of
average daily attendance of the sponsoring unified school district,
calculated pursuant to subdivisions (b) and (c) of Section 42238, and
adjusted by the current year deficit factor and other funding
adjustments, if any. Commencing with the fourth year of operation,
the charter school shall generate the general-purpose funding per
unit of average daily attendance as specified in Section 47633.
(e) Commencing with the 2005-06 fiscal year, the general-purpose
funding per unit of average daily attendance specified for a unified
school district for purposes of paragraph (7) of subdivision (h) of
Section 42238 for a school within the unified school district that
converted to charter status on or after July 1, 2005, shall be deemed
to be the amount computed pursuant to subdivision (c).
(f) A unified school district that is the sponsoring local
educational agency as defined in subdivision (j) of Section 47632 of
a charter school that is subject to paragraphs (1) and (2) of
subdivision (c) shall certify to the Superintendent the amount
specified in paragraph (1) of subdivision (c) before the approval of
the charter petition by the governing board of the school district.
This amount may be based on estimates of the unrestricted revenues
expended in the fiscal year before the school's conversion to charter
status and the school's operation as a charter school, provided that
the amount is recertified when the actual data becomes available.
(g) For purposes of this section, "basic aid school district"
means a school district that does not receive from the state an
apportionment of state funds pursuant to subdivision (h) of Section
42238.
(h) A school district may use the existing Standardized Account
Code Structure and cost allocation methods, if appropriate, for an
accounting of the actual unrestricted revenues expended in support of
a school pursuant to subdivision (c).
(i) For purposes of this section and Section 42241.3, "operating"
means that pupils are attending and receiving instruction at the
charter school.
(j) This section shall become inoperative on either of the
following, whichever occurs first:
(1) July 1, 2018, and, as of January 1, 2019, this section is
repealed, unless a later enacted statute, that becomes operative on
or before January 1, 2019, deletes or extends the dates on which it
becomes inoperative and is repealed.
(2) The effective date of a measure enacting comprehensive school
finance reform, and as of that date this section is repealed.
SEC. 2. Section 47660 is added to the Education Code, to read:
47660. (a) For purposes of computing eligibility for, and
entitlements to, general-purpose funding and operational funding for
categorical programs, the enrollment and average daily attendance of
a sponsoring local educational agency shall exclude the enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
(b) (1) Notwithstanding subdivision (a), and commencing with the
2005-06 fiscal year, for purposes of computing eligibility for, and
entitlements to, revenue limit funding, the average daily attendance
of a unified school district, other than a unified school district
that has converted all of its schools to charter status pursuant to
Section 47606, shall include all attendance of pupils who reside in
the unified school district and who would otherwise have been
eligible to attend a noncharter school of the unified school
district, if the unified school district was a basic aid school
district in the prior fiscal year, or if the pupils reside in the
unified school district and attended a charter school of that school
district that converted to charter status on or after July 1, 2005.
Only the attendance of the pupils described by this paragraph shall
be included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
(2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
only, for purposes of computing eligibility for, and entitlements to,
revenue limit funding, the average daily attendance of a unified
school district, other than a unified school district that has
converted all of its schools to charter status pursuant to Section
47606 and is operating them as charter schools, shall include all
attendance of pupils who reside in the unified school district and
who would otherwise have been eligible to attend a noncharter school
of the unified school district if the pupils attended a charter
school operating in the unified school district before July 1, 2005.
Only the attendance of pupils described by this paragraph shall be
included in the calculation made pursuant to Section 42241.3. The
attendance of the pupils described by this paragraph shall be
included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
(c) (1) For the attendance of pupils specified in subdivision (b),
the general-purpose entitlement for a charter school that is
established through the conversion of an existing public school
within a unified school district on or after July 1, 2005, but before
January 1, 2010, shall be determined using the following amount of
general-purpose funding per unit of average daily attendance, in lieu
of the amount calculated pursuant to subdivision (a) of Section
47633:
(A) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year before
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as, a charter
school.
(B) For a subsequent fiscal year, the general-purpose entitlement
shall be determined based on the amount per unit of average daily
attendance allocated in the prior fiscal year adjusted for the base
revenue limit per pupil inflation increase adjustment set forth in
Section 42238.1, if this adjustment is provided, and also adjusted
for equalization, deficit reduction, and other state general-purpose
increases, if any, provided for the unified school district in that
fiscal year.
(2) This subdivision shall not apply to a charter school that is
established through the conversion of an existing public school
within a unified school district on or after January 1, 2010, which
instead shall receive general-purpose funding pursuant to Section
47633. This paragraph does not preclude a charter school or unified
school district from agreeing to an alternative funding formula.
(d) Commencing with the 2005-06 fiscal year, the general-purpose
funding per unit of average daily attendance specified for a unified
school district for purposes of paragraph (7) of subdivision (h) of
Section 42238 for a school within the unified school district that
converted to charter status on or after July 1, 2005, shall be deemed
to be the amount computed pursuant to subdivision (c).
(e) A unified school district that is the sponsoring local
educational agency as defined in subdivision (j) of Section 47632 of
a charter school that is subject to paragraphs (1) and (2) of
subdivision (c) shall certify to the Superintendent the amount
specified in paragraph (1) of subdivision (c) before the approval of
the charter petition by the governing board of the school district.
This amount may be based on estimates of the unrestricted revenues
expended in the fiscal year before the school's conversion to charter
status and the school's operation as a charter school, provided that
the amount is recertified when the actual data becomes available.
(f) For purposes of this section, "basic aid school district"
means a school district that does not receive from the state an
apportionment of state funds pursuant to subdivision (h) of Section
42238.
(g) A school district may use the existing Standardized Account
Code Structure and cost allocation methods, if appropriate, for an
accounting of the actual unrestricted revenues expended in support of
a school pursuant to subdivision (c).
(h) For purposes of this section and Section 42241.3, "operating"
means that pupils are attending and receiving instruction at the
charter school.
(i) This section shall become operative on either of the
following, whichever occurs first:
(1) July 1, 2018.
(2) The effective date of a measure enacting comprehensive school
finance reform.
