Bill Text: CA AB1811 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1811	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 5, 2012

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 21, 2012

   An act to amend Section  47633   47660 
of the Education Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1811, as amended, 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 and attributable to pupils in grades 9 to 12, inclusive,
to be equal to the statewide average revenue limit funding per unit
of average daily attendance received by high school districts.
   This bill instead would require the  revenue limit funding
attributable to pupils in grades 9 to 12, inclusive, that is
computed in the general-purpose entitlement for a charter school that
was under the jurisdiction of a unified school district before it
converted to charter status to equal the revenue limit funding per
unit of average daily attendance received by the unified school
district of which it was a part before it converted to charter status
and to be adjusted in proportion to increases and decreases in the
amount of revenue limit funding received by the school district
  general purpose entitlement of a charter school that
is established through the conversion of an existing public school
within a unified school district on or after January 1, 2013, to be
calculated based on the amount of the actual unrestricted revenues
expended per unit of average daily attendance for that school in the
year prior to its conversion to, and operation as, a charter school,
adju   sted as specified, and commencing with the 2013-14
fiscal year, based on the prior fiscal year allocation  .
   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 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 school district, if the
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 prior to 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 prior to
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   Commencing with the
2013-14  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  or decreases , 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, 
but on or before December 31, 2012,  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) The general purpose entitlement of a charter school that is
established through the conversion of an existing public school
within a unified school district on or after January 1, 2013, shall
be calculated pursuant to paragraph (1) of subdivision (c). 

   (d) 
    (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). 
   (e) 
    (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) prior to 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 prior to 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) 
    (g)  For the 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) 
    (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). 
   (h) 
    (i)  For purposes of this section and Section 42241.3,
"operating" means that pupils are attending and receiving instruction
at the charter school. 
  SECTION 1.    Section 47633 of the Education Code
is amended to read:
   47633.  The Superintendent 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, 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.
   (3) Notwithstanding paragraph (1), for a charter school that was
under the jurisdiction of a unified school district before it
converted to charter status, revenue limit funding attributable to
pupils in grades 9 to 12, inclusive, shall equal the revenue limit
funding per unit of average daily attendance received by the unified
school district of which it was a part before it converted to charter
status. If the revenue limit funding the unified school district
receives increases or decreases from the amount received in the
fiscal year before the school converted to charter status, the amount
of revenue limit funding for the charter school shall be adjusted in
proportion to the increase or decrease.
   (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.