Bill Text: CA AB2007 | 2013-2014 | Regular Session | Chaptered
Bill Title: Virtual or online charter schools: average daily attendance.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 807, Statutes of 2014. [AB2007 Detail]
Download: California-2013-AB2007-Chaptered.html
BILL NUMBER: AB 2007 CHAPTERED
BILL TEXT
CHAPTER 807
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Grove
(Principal coauthor: Assembly Member Olsen)
FEBRUARY 20, 2014
An act to amend, repeal, and add Section 51747.3 of the Education
Code, relating to charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 2007, 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, until January 1, 2018, 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 the school
and moves to a residence located outside of the geographic boundaries
of the virtual or online charter school, for the duration of the
virtual or online charter school course or courses in which the pupil
is enrolled or until the end of the school year, whichever occurs
first.
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.
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.
(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.
SEC. 2. Section 51747.3 is added to the Education Code, 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) 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.
SEC. 3. 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.
