AB 1426: After school programs.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-01
The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act requires every after school component of a program to operate a minimum of 15 hours per week and at least until 6 p.m. on every regular schoolday. The act requires the Superintendent of Public Instruction to determine the total annual after school grant amount for which a site is eligible based on a formula of $7.50 per pupil per day of pupil attendance that the program plans to serve, with a minimum total grant of $37.50 per projected pupil per week, and a formula of $7.50 per projected pupil per day of staff development, with a maximum of 3 staff development days per year.
This bill would no longer require after school components of a program to operate at least until 6 p.m. on regular schooldays. The bill would would, commencing July 1, 2017, increase the per pupil and per projected pupil rates discussed above, as specified, and would require the State Department of Education to report to the Legislature, on progress in implementing these rate changes, commencing on or before April 1, 2017, and every 6 months thereafter, unless or until the rate changes are fully implemented for all grantees. to $8.50, with a minimum total grant of $42.50 per projected pupil per week.
The act requires that, if an existing after school summer grantee operates a 6-hour per day program, the target attendance level for grant reductions be computed as if the grant award were based upon the lesser of $15 per day of pupil attendance or 30% of the total grant awarded to the school per school year.
The bill would, commencing July 1, 2017, increase the per day of pupil attendance rate to $17 per day.
This bill would declare that it is to take effect immediately as an urgency statute.
The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act requires every after school component of a program to operate a minimum of 15 hours per week and at least until 6 p.m. on every regular schoolday. The act requires the Superintendent of Public Instruction to determine the total annual after school grant amount for which a site is eligible based on a formula of $7.50 per pupil per day of pupil attendance that the program plans to serve, with a minimum total grant of $37.50 per projected pupil per week, and a formula of $7.50 per projected pupil per day of staff development, with a maximum of 3 staff development days per year.
This bill would no longer require after school components of a program to operate at least until 6 p.m. on regular schooldays. The bill would increase the per pupil and per projected pupil rates discussed above, as specified, and would require the State Department of Education to report to the Legislature, on progress in implementing these rate changes, commencing on or before April 1, 2017, and every 6 months thereafter, unless or until the rate changes are fully implemented for all grantees.
Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines classroom-based instruction as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite. The act authorizes a charter school to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education, subject to any conditions or limitations the state board may prescribe.
This bill would subject to that determination for funding for nonclassroom-based instruction a blended learning charter school, defined as a charter school through which a pupil learns at least in part through online delivery of content and instruction and at least in part at a supervised location away from home, that offers classroom-based instruction no less than 60% and no more than 80% of the instructional time, and that satisfies other specified criteria. The bill would provide that such a blended learning charter school shall not lose eligibility for specified school facilities assistance based solely on the blended learning charter schools status as a nonclassroom-based charter school, provided that the charter school is otherwise eligible for the facility program. The bill would require the state board to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school, as provided. The bill would also make nonsubstantive changes.
Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines classroom-based instruction as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite. The act authorizes a charter school to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education, subject to any conditions or limitations the state board may prescribe.
This bill would subject to that determination for funding for nonclassroom-based instruction a blended learning charter school, defined as a charter school through which a pupil learns at least in part through online delivery of content and instruction and at least in part at a supervised location away from home, that offers classroom-based instruction no less than 60% and no more than 80% of the instructional time, and that satisfies other specified criteria. The bill would provide that such a blended learning charter school shall not lose eligibility for specified school facilities assistance. assistance based solely on the blended learning charter schools status as a nonclassroom-based charter school, provided that the charter school is otherwise eligible for the facility program. The bill would require the state board to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school, as provided. The bill would also make nonsubstantive changes.
Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines classroom-based instruction as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite. The act authorizes a charter school to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education, subject to any conditions or limitations the state board may prescribe.
This bill would subject to that determination for funding for nonclassroom-based instruction a blended learning charter school, defined as a charter school through which a pupil learns at least in part through online delivery of content and instruction and at least in part at a supervised location away from home, that offers classroom-based instruction no less than 60% and no more than 80% of the instructional time, and that satisfies other specified criteria. The bill would provide that such a blended learning charter school shall be considered a classroom-based not lose eligibility for specified school for certain purposes facilities assistance. The bill would require the state board to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school, as provided. The bill would also make nonsubstantive changes.
Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines classroom-based instruction as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite. The act authorizes a charter school to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education, subject to any conditions or limitations the state board may prescribe.
This bill would instead require, for a charter school that only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter and has no more than one satellite facility, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 60% of the instructional time offered by the charter school be at the charter schoolsite. subject to that determination for funding for nonclassroom-based instruction a blended learning charter school, defined as a charter school through which a pupil learns at least in part through online delivery of content and instruction and at least in part at a supervised location away from home, that offers classroom-based instruction no less than 60% and no more than 80% of the instructional time, and that satisfies other specified criteria. The bill would provide that a blended learning charter school shall be considered a classroom-based school for certain purposes. The bill would require the state board to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school, as provided. The bill would also make nonsubstantive changes.
Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines classroom-based instruction as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite.
This bill would instead require, for a charter school that only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter and has no more than one satellite facility, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 60% of the instructional time offered by the charter school be at the charter schoolsite. The bill would also make nonsubstantive changes.
(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate on every regular schoolday for a minimum of 15 hours per week. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 2.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may terminate the grant of any site or program that does not comply with fiscal reporting, attendance reporting, or outcomes reporting requirements established by the department and pursuant to Section 8484. The department may withhold the grant allocation for a program or site if the prior grant years fiscal or attendance reporting remains outstanding, until the reports have been filed with the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of eight seven dollars and fifty cents ($8.50) ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of forty-two thirty-seven dollars and fifty cents ($42.50) ($37.50) per projected pupil per week, and a formula of eight seven dollars and fifty cents ($8.50) ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
(f)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.Section 8483.7 is added to the Education Code, to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may terminate the grant of any site or program that does not comply with fiscal reporting, attendance reporting, or outcomes reporting requirements established by the department and pursuant to Section 8484. The department may withhold the grant allocation for a program or site if the prior grant years fiscal or attendance reporting remains outstanding, until the reports have been filed with the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of eight dollars and fifty cents ($8.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of forty-two dollars and fifty cents ($42.50) per projected pupil per week, and a formula of eight dollars and fifty cents ($8.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Eight dollars and fifty cents ($8.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
(f)This section shall become operative on July 1, 2017.
SEC. 3.Section 8483.71 is added to the Education Code, to read:8483.71.Commencing on or before April 1, 2017, and every six months thereafter, the department shall provide a progress report to the Legislature, in compliance with Section 9795 of the Government Code, regarding the implementation of each rate change made to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7, by the act that added this section, unless or until the rate changes are fully implemented for all grantees.
SEC. 4.Section 8483.76 of the Education Code is amended to read:8483.76.(a)A school that establishes a program pursuant to Section 8483.7 or 8483.75 is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, weekends, intersession, or vacation periods for a maximum of either 30 percent of the total grant amount awarded, per school year, to the school, or thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(b)An existing after school summer grantee may operate a three-hour or a six-hour per day program. If the grantee operates a six-hour per day program, the target attendance level for the purpose of grant reductions pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7 shall be computed as if the grant award were based upon the lesser of fifteen dollars ($15) per day of pupil attendance or 30 percent of the total grant awarded to the school per school year.
(c)A summer grantee that operates a program pursuant to this section may change the location of the program to address the needs of pupils and school closures. The program may be conducted at an offsite location or at an alternate schoolsite. The summer grantee shall give notice to the department of the change of location and shall include a plan to provide safe transportation pursuant to Section 8484.6.
(d)A summer grantee that operates a program pursuant to this section may open eligibility to every pupil attending a school in the school district. Priority for enrollment shall be given to the pupils enrolled in the school that receives the grant.
(e)A summer grantee operating a six-hour per day program shall provide for each needy pupil at least one nutritionally adequate free or reduced-price meal during each program day.
(f)A summer grantee that operates a six-hour per day program is required to submit, for prior approval by the department, a revised program plan that includes all of the following:
(1)A plan for provision of the free or reduced-price meal required by subdivision (e).
(2)An attendance and early release policy for the program that is consistent with the local educational agencys early release policy for the regular schoolday.
(g)This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 5.Section 8483.76 is added to the Education Code, to read:8483.76.(a)A school that establishes a program pursuant to Section 8483.7 or 8483.75 is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, weekends, intersession, or vacation periods for a maximum of either 30 percent of the total grant amount awarded, per school year, to the school, or thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(b)An existing after school summer grantee may operate a three-hour or a six-hour per day program. If the grantee operates a six-hour per day program, the target attendance level for the purpose of grant reductions pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7 shall be computed as if the grant award were based upon the lesser of seventeen dollars ($17) per day of pupil attendance or 30 percent of the total grant awarded to the school per school year.
(c)A summer grantee that operates a program pursuant to this section may change the location of the program to address the needs of pupils and school closures. The program may be conducted at an offsite location or at an alternate schoolsite. The summer grantee shall give notice to the department of the change of location and shall include a plan to provide safe transportation pursuant to Section 8484.6.
(d)A summer grantee that operates a program pursuant to this section may open eligibility to every pupil attending a school in the school district. Priority for enrollment shall be given to the pupils enrolled in the school that receives the grant.
(e)A summer grantee operating a six-hour per day program shall provide for each needy pupil at least one nutritionally adequate free or reduced-price meal during each program day.
(f)A summer grantee that operates a six-hour per day program is required to submit, for prior approval by the department, a revised program plan that includes all of the following:
(1)A plan for provision of the free or reduced-price meal required by subdivision (e).
(2)An attendance and early release policy for the program that is consistent with the local educational agencys early release policy for the regular schoolday.
(g)This section shall become operative on July 1, 2017.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to minimize the deleterious impact of the current deficit in the After School Education and Safety Program, established in Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, it is necessary that this act take effect immediately.
(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate on every regular schoolday for a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. week. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 2.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may terminate the grant of any site or program that does not comply with fiscal reporting, attendance reporting, or outcomes reporting requirements established by the department and pursuant to Section 8484. The department may withhold the grant allocation for a program or site if the prior grant years fiscal or attendance reporting remains outstanding, until the reports have been filed with the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven eight dollars and fifty cents ($7.50) ($8.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven forty-two dollars and fifty cents ($37.50) ($42.50) per projected pupil per week, and a formula of seven eight dollars and fifty cents ($7.50) ($8.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 3.Section 8483.71 is added to the Education Code, to read:8483.71.Commencing on or before April 1, 2017, and every six months thereafter, the department shall provide a progress report to the Legislature, in compliance with Section 9795 of the Government Code, regarding the implementation of each rate change made to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7, by the act that added this section, unless or until the rate changes are fully implemented for all grantees.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 24, 2015. (JR11)(a)Notwithstanding any other law, and as a condition of apportionment, a charter school shall do all of the following:
(1)For each fiscal year, offer, at a minimum, the following number of minutes of instruction:
(A)To pupils in kindergarten, 36,000 minutes.
(B)To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C)To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D)To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2)Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection.
(3)Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding.
(b)Notwithstanding any other law, and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The state board shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605.
(c)A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter schools apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer.
(d)(1)Notwithstanding any other law, and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the state board. The determination for funding shall be subject to any conditions or limitations the state board may prescribe. The state board shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605.
(2)Except as provided in paragraph (2) of subdivision (c) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (c) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately before receiving a funding determination pursuant to subdivision (c) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. Notwithstanding any other law, the state board may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The state board may terminate a determination for funding if updated or additional information requested by the state board is not made available to the state board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 may not exceed five years.
(3)A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2.
(e)(1)(A)Notwithstanding any other law, and as a condition of apportionment, classroom-based instruction in a charter school, for purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (l) of Section 47605.
(A)
(B)Except as provided in subparagraph (B), paragraph (3), for purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a).
(B)(i)A blended learning charter school that offers classroom-based instruction no less than 60 percent and no more than 80 percent of the instructional time offered by the charter school is subject to the determination for funding requirement of Section 47634.2 to receive funding. For purposes of this subparagraph and Section 47634.2, blended learning charter school means a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility, as provided for in subdivision (c) of Section 47605.1.
(ii)A blended learning charter school that seeks a funding determination pursuant to this subparagraph shall not lose eligibility for facilities assistance pursuant to Sections 47614 and 47614.5, Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1, and any other local, state, or federally funded facility program, provided that the charter school is otherwise eligible for the facility program.
(2)For purposes of this part, nonclassroom instruction or nonclassroom-based instruction means instruction that does not meet the requirements specified in paragraph (1). The state board may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part.
(3)(A)A blended learning charter school that offers classroom-based instruction no less than 60 percent and no more than 80 percent of the instructional time offered by the charter school is subject to the determination for funding requirement of Section 47634.2 to receive funding. For purposes of this paragraph and Section 47634.2, blended learning charter school means a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility, as provided for in subdivision (c) of Section 47605.1.
(B)A blended learning charter school that seeks a funding determination pursuant to this paragraph shall report attendance as a nonclassroom-based charter school and, notwithstanding any other law, shall not lose eligibility for facilities assistance pursuant to Sections 47614 and 47614.5, Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1, and any other local, state, or federally funded facility program, based solely on the blended learning charter schools status as a nonclassroom-based charter school, provided that the charter school is otherwise eligible for the facility program.
(3)
(4)For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction.
(4)
(5)Notwithstanding any other law, neither the state board nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a).
SEC. 2.Section 47634.2 of the Education Code is amended to read:47634.2.(a)(1)Notwithstanding any other 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 (e) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1 and 47633, shall be adjusted by the state board. The state board shall adopt regulations setting forth criteria for the determination of funding for nonclassroom-based instruction and, at a minimum, the regulations 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 shall consider, among other factors it deems appropriate, the amount of the charter schools total budget expended on certificated employee salaries and benefits and on schoolsites, as defined in paragraph (3) (4) of subdivision (e) of Section 47612.5, and the teacher-to-pupil ratio in the school.
(2)For the 200102 fiscal year only, the amount of funding determined by the state board 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 200203 fiscal year, the amount of funding determined by the state board 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 determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a).
(4)For the 200304 fiscal year and each fiscal year thereafter, the amount of funding determined by the state board 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 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 state 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) (e) of Section 47612.5.
(b)(1)The state board shall adopt regulations setting forth criteria for the determination of funding for a blended learning charter school as defined in subparagraph (B) of paragraph (1) (3) of subdivision (e) of Section 47612.5.
(2)The state board shall consider the criteria developed pursuant to paragraph (1) of subdivision (a) and shall include facility costs for a blended learning charter school as instructional costs for any funding evaluation that considers the total instructional costs of the school.
(c)(1)The state board shall appoint an advisory committee to recommend criteria to the state 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.
(2)If a charter school submits a substantially complete request for a determination for funding by February 13, 2002, and the state board does not act on that request by March 19, 2002, full funding is automatically granted for the 200102 fiscal year, but the charter school shall reapply for a determination for funding for the 200203 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 schools reported average daily attendance by the determination for funding percentage specified by the state board.
(4)If the state board denies a request for a determination for funding or provides a reduction as authorized by subdivision (a), the state 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.
(d)Each charter school offering nonclassroom-based instruction shall, in each report provided to the Superintendent 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 (e) of Section 47612.5.
(e)Notwithstanding any other law, charter schools shall be subject, with regard to subdivisions (c) and (d) and (e) of Section 47612.5 and this section, to audits conducted pursuant to Section 41020.
(a)Notwithstanding any other law, and as a condition of apportionment, a charter school shall do all of the following:
(1)For each fiscal year, offer, at a minimum, the following number of minutes of instruction:
(A)To pupils in kindergarten, 36,000 minutes.
(B)To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C)To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D)To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2)Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection.
(3)Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding.
(b)Notwithstanding any other law, and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The state board shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605.
(c)A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter schools apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer.
(d)(1)Notwithstanding any other law, and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the state board. The determination for funding shall be subject to any conditions or limitations the state board may prescribe. The state board shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605.
(2)Except as provided in paragraph (2) of subdivision (c) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (c) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately before receiving a funding determination pursuant to subdivision (c) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. Notwithstanding any other law, the state board may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The state board may terminate a determination for funding if updated or additional information requested by the state board is not made available to the state board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 may not exceed five years.
(3)A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2.
(e)(1)Notwithstanding any other law, and as a condition of apportionment, classroom-based instruction in a charter school, for purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (l) of Section 47605.
(A)Except as provided in subparagraph (B), for purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a).
(B)(i)A blended learning charter school that offers classroom-based instruction no less than 60 percent and no more than 80 percent of the instructional time offered by the charter school is subject to the determination for funding requirement of Section 47634.2 to receive funding. For purposes of this subparagraph and Section 47634.2, blended learning charter school means a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility, as provided for in subdivision (c) of Section 47605.1.
(ii)A blended learning charter school that seeks a funding determination pursuant to this subparagraph shall be considered to be a classroom-based school for purposes of not lose eligibility for facilities assistance pursuant to Sections 47614 and 47614.5, Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1, and any other local, state, or federally funded facility program, provided that the charter school is otherwise eligible for the facility program.
(2)For purposes of this part, nonclassroom instruction or nonclassroom-based instruction means instruction that does not meet the requirements specified in paragraph (1). The state board may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part.
(3)For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction.
(4)Notwithstanding any other law, neither the state board nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a).
SEC. 2.Section 47634.2 of the Education Code is amended to read:47634.2.(a)(1)Notwithstanding any other 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 (e) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1 and 47633, shall be adjusted by the state board. The state board shall adopt regulations setting forth criteria for the determination of funding for nonclassroom-based instruction and, at a minimum, the regulations 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 shall consider, among other factors it deems appropriate, the amount of the charter schools total budget expended on certificated employee salaries and benefits and on schoolsites, as defined in paragraph (3) of subdivision (e) of Section 47612.5, and the teacher-to-pupil ratio in the school.
(2)For the 200102 fiscal year only, the amount of funding determined by the state board 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 200203 fiscal year, the amount of funding determined by the state board 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 determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a).
(4)For the 200304 fiscal year and each fiscal year thereafter, the amount of funding determined by the state board 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 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 state 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 shall adopt regulations setting forth criteria for the determination of funding for a blended learning charter school as defined in subparagraph (B) of paragraph (1) of subdivision (e) of Section 47612.5.
(2)The state board shall consider the criteria developed pursuant to paragraph (1) of subdivision (a) and shall include facility costs for a blended learning charter school as instructional costs for any funding evaluation that considers the total instructional costs of the school.
(c)(1)The state board shall appoint an advisory committee to recommend criteria to the state 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.
(2)If a charter school submits a substantially complete request for a determination for funding by February 13, 2002, and the state board does not act on that request by March 19, 2002, full funding is automatically granted for the 200102 fiscal year, but the charter school shall reapply for a determination for funding for the 200203 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 schools reported average daily attendance by the determination for funding percentage specified by the state board.
(4)If the state board denies a request for a determination for funding or provides a reduction as authorized by subdivision (a), the state 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.
(d)Each charter school offering nonclassroom-based instruction shall, in each report provided to the Superintendent 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 (e) of Section 47612.5.
(e)Notwithstanding any other 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.
(a)Notwithstanding any other law, and as a condition of apportionment, a charter school shall do all of the following:
(1)For each fiscal year, offer, at a minimum, the following number of minutes of instruction:
(A)To pupils in kindergarten, 36,000 minutes.
(B)To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C)To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D)To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2)Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection.
(3)Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding.
(b)Notwithstanding any other law, and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The state board shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605.
(c)A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter schools apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer.
(d)(1)Notwithstanding any other law, and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the state board. The determination for funding shall be subject to any conditions or limitations the state board may prescribe. The state board shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605.
(2)Except as provided in paragraph (2) of subdivision (b) (c) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (b) (c) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately before receiving a funding determination pursuant to subdivision (b) (c) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. Notwithstanding any other law, the state board may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The state board may terminate a determination for funding if updated or additional information requested by the state board is not made available to the state board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 may not exceed five years.
(3)A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2.
(e)(1)Notwithstanding any other law, and as a condition of apportionment, classroom-based instruction in a charter school, for purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (l) of Section 47605.(A)Except as provided by in subparagraph (B), for purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a).(B)For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 60 percent of the instructional time offered by a charter school that only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter and has no more than one satellite facility, as provided for in subdivision (c) of Section 47605.1, shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 60 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a).
(B)(i)A blended learning charter school that offers classroom-based instruction no less than 60 percent and no more than 80 percent of the instructional time offered by the charter school is subject to the determination for funding requirement of Section 47634.2 to receive funding. For purposes of this subparagraph and Section 47634.2, blended learning charter school means a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility, as provided for in subdivision (c) of Section 47605.1.
(ii)A blended learning charter school that seeks a funding determination pursuant to this subparagraph shall be considered to be a classroom-based school for purposes of Sections 47614 and 47614.5, Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1, and any other local, state, or federally funded facility program, provided that the charter school is otherwise eligible for the facility program.
(2)For purposes of this part, nonclassroom instruction or nonclassroom-based instruction means instruction that does not meet the requirements specified in paragraph (1). The state board may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part.(3)For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction.(4)Notwithstanding any other law, neither the state board nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a).SEC. 2.Section 47634.2 of the Education Code is amended to read: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) (e) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1, 47613.1 and 47633, 47634, and 47664, shall be adjusted by the State Board of Education. state board. The State Board of Education state board shall adopt regulations setting forth criteria for the determination of funding for nonclassroom-based instruction, instruction and, at a minimum minimum, the regulation regulations 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 state board shall consider, among other factors it deems appropriate, the amount of the charter schools total budget expended on certificated employee salaries and benefits and on schoolsites, as defined in paragraph (3) of subdivision (d) (e) of Section 47612.5, and the teacher-to-pupil ratio in the school.
(2)For the 200102 fiscal year only, the amount of funding determined by the State Board of Education state board 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 200203 fiscal year, the amount of funding determined by the State Board of Education state board 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 state board determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a).
(4)For the 200304 fiscal year and each fiscal year thereafter, the amount of funding determined by the State Board of Education state board 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 state board 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 state 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 shall adopt regulations setting forth criteria for the determination of funding for a blended learning charter school as defined in subparagraph (B) of paragraph (1) of subdivision (e) of Section 47612.5.
(2)The state board shall consider the criteria developed pursuant to paragraph (1) of subdivision (a) and shall include facility costs for a blended learning charter school as instructional costs for any funding evaluation that considers the total instructional costs of the school.
(b)
(c)(1)The State Board of Education state board shall appoint an advisory committee to recommend criteria to the state 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. Superintendent.
(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 state board does not act on that request by March 19, 2002, full funding is automatically granted for the 200102 fiscal year, but the charter school shall reapply for a determination for funding for the 200203 fiscal year.
(3)The determination for funding shall be on a percentage basis and the superintendent Superintendent shall implement the determination for funding by reducing the charter schools reported average daily attendance by the determination for funding percentage specified by the State Board of Education. state board.
(4)If the State Board of Education state board denies a request for a determination for funding or provides a reduction as authorized by subdivision (a), the state 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)
(d)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) (e) of Section 47612.5.
(d)
(e)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.
(a)Notwithstanding any other provision of law law, and as a condition of apportionment, a charter school shall do all of the following:
(1)For each fiscal year, offer, at a minimum, the following number of minutes of instruction:
(A)To pupils in kindergarten, 36,000 minutes.
(B)To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C)To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D)To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2)Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection.
(3)Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding.
(b)Notwithstanding any other provision of law law, and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The State Board of Education state board shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the State Board of Education state board shall be guided by subdivision (l) of Section 47605.
(c)A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter schools apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer.
(d)(1)Notwithstanding any other provision of law law, and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the State Board of Education. state board. The determination for funding shall be subject to any conditions or limitations the State Board of Education state board may prescribe. The State Board of Education state board shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the State Board of Education state board shall be guided by subdivision (l) of Section 47605.
(2)Except as provided in paragraph (2) of subdivision (b) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (b) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the State Board of Education state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately prior to before receiving a funding determination pursuant to subdivision (b) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the State Board of Education state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. Notwithstanding any provision of other law, the State Board of Education state board may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The State Board of Education state board may terminate a determination for funding if updated or additional information requested by the state board is not made available to the state board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 may not exceed five years.
(3)A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2.
(e)(1)Notwithstanding any other provision of law, and as a condition of apportionment, classroom-based instruction in a charter school, for the purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (l) of Section 47605. For
(A)Except as provided by in subparagraph (B), for purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the a charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5. For (a).
(B)For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 60 percent of the instructional time offered by a charter school that only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter and has no more than one satellite facility, as provided for in subdivision (c) of Section 47605.1, shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 60 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a).
(2)For the purposes of this part, nonclassroom instruction or nonclassroom-based instruction means instruction that does not meet the requirements specified in paragraph (1). The State Board of Education state board may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part.
(3)For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction.
(4)Notwithstanding any other provision of law, neither the State Board of Education, state board nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a).
|
Date
|
Status
|
|---|---|
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| Aug 11, 2016 | In committee: Held under submission. |
| Aug 8, 2016 | Referred to APPR. suspense file. |
| Aug 1, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Aug 1, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR. |
| Jun 22, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jul 1, 2015 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jun 24, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 19, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 11, 2015 | Referred to Com. on ED. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1814.) |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 27, 2015 | Introduced. To print. |
| May 28, 2015 | Read second time and amended. Ordered returned to second reading. |
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| May 20, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 20, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| May 13, 2015 | In committee: Hearing postponed by committee. |
| May 6, 2015 | Re-referred to Com. on APPR. |
| May 5, 2015 | Read second time and amended. |
| May 4, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 29). |
| Apr 22, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 26, 2015 | Referred to Com. on ED. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 8, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| Jun 2, 2015 | AB 1426 LEVINE Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California After School Coalition | * Support | Aug 8, 2016 |
| California Charter Schools Association | ** Support | Aug 8, 2016 |
| California School Employees Association | ** Against | Aug 8, 2016 |
| California Teachers Association | * Against | Aug 8, 2016 |
| Edvoice | ** Support | Aug 8, 2016 |
| LA's Best | ** Support | Aug 8, 2016 |
| N/A | * Indeterminate | Apr 29, 2015 |
| Pacific Charter Institute | * Support | Apr 29, 2015 |
| Partnership for Children and Youth | ** Support | Aug 8, 2016 |
| Students First | ** Support | Apr 29, 2015 |
| Studentsfirst | ** Support | Aug 8, 2016 |
| u California Federation of Teachers | ** Against | Aug 8, 2016 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1426 (Cooper) - After school programs
Version: August 2, 2016 | Policy Vote: ED. 8 - 0 |
Urgency: Yes | Mandate: No |
Hearing Date: August 8, 2016 | Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill, and urgency measure, increases the per-student daily and weekly rates for the After School Education and Safety (ASES) program, and eliminates the requirement for the after school component of the program to operate at least until 6 p.m. on regular schooldays.
Fiscal Impact:
- Cost pressure of $73 million to support a $1 increase in the per-student daily rate for the ASES program. This bill increases the per-student funding rate but there is no increase in funding to the overall program. Therefore, to implement this bill the state would either need to provide funding to pay for the increase in rates so that there is no decrease in the number of students served, or downsize the program by dis-enrolling students. Without an increase in funding for the program almost 48,000 students would no longer be able to be enrolled in the program. (Proposition 98)
Background:
Existing law establishes the ASES program, a three year grant program, to create incentives for establishing locally driven before and after school enrichment programs that partner public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth. The ASES program serves students in kindergarten and grades 1 to 9. Local educational agencies (LEAs) may operate a before school component of a program, an after school component, or both, on one or multiple school sites.
Priority for funding is required to be given to schools where a minimum of 50 percent of the students in elementary schools and 50 percent of the students in middle and junior high schools are eligible for free or reduced cost meals through the school lunch program of the United States Department of Agriculture. ASES programs receive direct grants, where attendance is projected and grants are funded up-front, in three one-year increments. The maximum total direct grant awarded annually for an after school program is $112,500 for each regular school year for elementary schools and $150,000 for middle or junior high schools (based on a formula of $7.50 per student per day of attendance, at a maximum of $37.50 per student per week). Existing law continuously appropriates to the California Department of Education (CDE) $550 million from the General Fund for the ASES program, including administrative costs. (EC § 8482, 8482.3, 8482.5, 8482.55, 8483.7)
Proposed Law:
This bill increases the per-student daily and weekly rates for ASES. Specifically, this bill raises the per-student daily rate from $7.50 to $8.50 for student attendance that the program plans to serve for regular school year programs and summer programs. For the regular school year program consisting of 180 days, the maximum student per week rate would increase from $37.50 to $42.50, reflecting the daily rate increase. In addition, this bill increases daily rate for up to three days per year of staff development from $7.50 to $8.50 per projected student.
Finally, this bill deletes the requirement for the after school component of the program to operate at least until 6 p.m. on regular schooldays.
Related Legislation:
AB 2615 (Wood, 2016) among other things, specifically authorizes ASES programs to charge family fees. AB 2615 is pending in this committee.
AB 1567 (Campos, 2016) provides priority enrollment for homeless and foster care youth in before and after school programs and prohibits a before and after school program from charging family fees for a child that the program knows to be a homeless or foster care youth. AB 1567 is pending in this committee.
Staff Comments:
The maximum total direct grant awarded annually for an after school program is $112,500 for each regular school year for elementary schools and $150,000 for middle or junior high schools (based on a formula of $7.50 per student per day of attendance, at a maximum of $37.50 per student per week). The Budget Act of 2016 funds full-year enrollment of 404,985 students with about $547 million. An increase in the daily rate to $8.50 translates to a yearly rate of $1,530, since the minimum number of days required of a full year after school program is 180. In order to maintain the same level of enrollment, there would need to be a $73 million increase to the program. Otherwise, significantly fewer students would be able to be served. Advocates contend that, without flexibility to reduce slots or an increase in funding, many ASES programs will have no choice but to close.
The Budget Act of 2016 includes $550 million for the ASES program. There have been several attempts to increase funding for this program in light of the increase in minimum wage as well as the requirement to provide paid sick days for employees. The Budget Act of 2016 does not provide an increased appropriation for this program.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No:
Author: | Cooper | ||
Version: | Hearing Date: June 29, 2016 | ||
Urgency: | Fiscal: | ||
Consultant: | and Olgalilia Ramirez | ||
Subject:
NOTE: This bill has been amended to replace its contents and this is the first time the bill is being heard in its current form.
SUMMARY
This bill increases the per student daily and weekly rates for the After School Education and Safety program, and eliminates the requirement for the after school component of the program to operate at least until 6 p.m. on regular schooldays.
BACKGROUND
Existing law establishes:
- The After School Education and Safety (ASES) program, consisting of before and after school academic enrichment. Priority for funding is granted to schools where at least 50% of the students are eligible for free or reduced price meals. ASES programs receive direct grants, where attendance is projected and grants are funded up-front, in three one-year increments.
(Education Code § 8482, 8482.4, and § 8482.5)
- The maximum total direct grant awarded annually for an after school program is $112,500 for each regular school year for elementary schools and $150,000 for middle or junior high schools (based on a formula of $7.50 per student per day of attendance, at a maximum of $37.50 per student per week).
(EC § 8482.55 and § 8483.7)
Existing law continuously appropriates to the California Department of Education $550 million from the General Fund for the After School Education and Safety (ASES) program. (EC § 8483.5)
Existing law:
- Establishes the minimum wage of $9.00 per hour on and after July 1, 2014, and $10.00 per hour on and after January 1, 2016. (Labor Code § 1182.12)
- Requires employers to provide at least one hour of paid sick time for every 30 hours worked, or a minimum of three days per year. (Labor Code § 246)
ANALYSIS
This bill increases the per student daily and weekly rates for the After School Education and Safety (ASES) program, and eliminates the requirement for the after school component of the program to operate at least until 6 p.m. on regular schooldays. Specifically, this bill:
- Increases the dollar amounts for the per student per day rate from $7.50 to $8.50, the per student per week rate from $37.50 to $42.50 and the per student per day of staff development rate from $ 7.50 to $8.50.
- Requires the California Department of Education, beginning on or before April 1, 2017, and every six months thereafter, to report to the Legislature on progress in implementing these rate changes, unless or until the rate changes are fully implemented for all grantees.
- Deletes the requirement for the after school component of the program to operate at least until 6 p.m. on regular schooldays.
STAFF COMMENTS
- Need for the bill. According to the Partnership for Child and Youth, “While the costs, demands and expectations of ASES programs have consistently increased, the funding has remained stagnant for a decade. Since 2007, the California Consumer Price Index has increased 19%, the state minimum wage has increased 33%, and state law now requires employers to offer 3 days of annual sick leave. Over the same time period, the ASES daily rate of $7.50 per student has not increased and there is no legal authority for a cost-of-living adjustment, Under the current financing structure extremely conservative site level budget projections, including the local match, demonstrates that programs during the current year will have to operate with annual deficits of $10,000-15,000 or more per program site.”
- Practical effect. The maximum total direct grant awarded annually for an after school program is $112,500 for each regular school year for elementary schools and $150,000 for middle or junior high schools (based on a formula of $7.50 per student per day of attendance, at a maximum of $37.50 per student per week). This bill increases the daily rate but keeps the maximum total grant awards at current levels, thereby creating a new formula in relation to the maximum grant. The result is that programs will receive the same total funding, at a higher per student rate, which means fewer students will be served. Advocates contend that, without flexibility to reduce slots or an increase in funding, many ASES programs will have no choice but to close.
Is it the Legislature’s desire to reduce slots for after school programs? Will reductions in slots be across the board, or will programs be affected differently? How will programs determine which students will continue to be served? - Budget issue. Existing law requires the continuous appropriation of $550 million from the General Fund to the California Department of Education for the ASES program. There have been several recent attempts to increase funding for the ASES program in consideration of the increase in the minimum wage as well as the requirement to provide paid sick days for employees. According to advocates, the average cost of an after school program is $21 per student per day, nearly three times the amount provided for in statute. None of the attempts to provide additional funding have been successful; the Budget Act of 2016 does not provide an increased appropriation for the After School Education and Safety (ASES) program.
Should the Legislature increase the daily rate at the expense of slots when it has declined to provide an increase in funding via the budget process? - Revenue from family fees. Existing law does not require ASES programs to charge family fees or to conduct individual eligibility determinations based on need or income. It appears that ASES programs have the ability to charge family fees; however, it is unlikely that many programs charge fees, or reap significant fees, as ASES programs serve schools where a minimum of 50% of the students are eligible for free- or reduced-price meals, and funding priority is given to programs serving the highest percentages of students who are eligible for free and reduced-price meals.
- Subcommittee hearing. The Senate Education Subcommittee on Community Schools held an informational hearing on March 25, 2015, featuring a panel on after school and out-of-school programs. This panel provided testimony relative to the effects the increases in minimum wage will have on the statutory funding levels and caps on per student daily rates for ASES programs (see Comment #1).
- Related legislation. SB 645 (Hancock, 2016) appropriated to the ASES program $54 million in the 2015-16 fiscal year, and $72 million beginning in the 2016-17 fiscal year and every year thereafter, and created a cost of living adjustment linked to the California Consumer Price Index beginning in the 2017-18 fiscal year. SB 645 was held in the Assembly Appropriations Committee.
AB 2663 (Cooper) continuously appropriated $73.3 million for the ASES program beginning with the 2016-17 fiscal year and adjusted the appropriation annually thereafter based on the California Consumer Price Index. AB 2663 was held in the Assembly Appropriations Committee.
AB 2615 (Wood, 2016) among other things, specifically authorizes ASES programs to charge family fees. AB 2615 is pending in the Senate Appropriations Committee.
AB 1567 (Campos, 2016) provides priority enrollment for homeless and foster care youth priority after school programs and prohibits a before and after program from charging family fees for a child that the program knows to be a homeless or foster care youth. AB 1567 is pending in the Senate Appropriations Committee.
SUPPORT
California After School Coalition
LA’s BEST
Partnership for Children and Youth
OPPOSITION
None received on the current version of this bill.
-- END --
AB 1426 (Levine) Page 6 of 6
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1426
Author: |
Levine |
||
Version: |
June 24, 2015 Hearing Date: July 1, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lenin Del Castillo |
||
Subject: Charter schools: classroom-based and nonclassroom-based instruction: blended learning charter schools
SUMMARY
This bill establishes a funding determination process for blended learning charter schools that offer classroom-based instruction between 60 percent and 80 percent of the instructional time.
BACKGROUND
Under existing law, the Charter Schools Act of 1992 provides for the establishment of charter schools in California for the purpose, among other things, to improve student learning and expand learning experiences for pupils who are identified as academically low achieving. A charter school may be authorized by a school district, a county board of education, or the State Board of Education, as specified. Some charter schools are new while others are conversions from existing schools. Except where specifically noted otherwise, California law exempts charter schools from many of the statutes and regulations that apply to schools and school districts. The legislative intent of the Charter Schools Act was to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from a school district structure that would afford parents and pupils with expanded educational choices, offer new professional opportunities for teachers to be responsible for the learning program at the school site, and create competition within the public school system to stimulate continual improvements in all public schools.
Existing law requires that charter schools: 1) are nonsectarian in their programs, admission policies, employment practices, and all other operations; 2) not charge tuition; and 3) not discriminate against any pupil on the basis of the characteristics, as specified. Admission to a charter school may not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within the state, except that an existing public school converting to a charter school must adopt and maintain a policy giving admissions preference to pupils who reside within the former attendance area of that public school. (Education Code § 47605, et seq.)
According to the California Department of Education, there were over 1,100 charter schools with an enrollment of approximately 514,000 pupils operating in the state in 2013-14.
Existing law:
Requires charter schools to offer, at a minimum, the following number of minutes of instruction each fiscal year:
36,000 minutes in kindergarten;
50,400 minutes in grades 1 to 3, inclusive;
54,000 minutes in grades 4 to 8, inclusive; and
64,800 minutes in grades 9 to 12, inclusive.
Provides that "classroom-based instruction" in a charter school occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification.
Authorizes a charter school to receive a full classroom-based instruction apportionment if it offers at least 80 percent of the minimum instructional time and requires the attendance for all pupils for whom a classroom-based apportionment is claimed at the school site for at least 80 percent of the minimum instruction time required.
Authorizes charter schools to offer nonclassroom-based instruction, which includes, but is not limited to, independent study, home schooling, and distance and computer-based education.
Regulates the provision of funding to charter schools that provide instruction in nonclassroom-based settings through a funding determination process by the State Board of Education (SBE) and provides that nonclassroom-based instruction shall be funded at no more than 70 percent of the rate for classroom-based instruction unless the SBE determines that a greater or lesser amount is appropriate. (Education Code § 47634.2)
ANALYSIS
This bill:
Defines "blended learning charter school" as a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single school site within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility, as specified.
Requires a blended learning charter school that offers classroom-based instruction no less than 60 percent and no more than 80 percent of the instructional time offered by the charter school to be subject to the determination of funding requirement by the State Board of Education, as specified.
Requires a blended learning charter school that seeks a funding determination to report its attendance as a nonclassroom-based charter school.
Provides that a blended learning charter school that seeks a funding determination shall not lose eligibility for facilities assistance funding, as specified, based solely on its status as a nonclassroom-based school, provided that the charter school is otherwise eligible.
Requires the State Board of Education (SBE) to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school and shall include facility costs as instructional costs for any funding evaluation that considers the total instructional costs of the school.
STAFF COMMENTS
Need for the bill. According to the author’s office, “while blended learning innovations are occurring throughout the state, they are not well supported by the existing policy environment. Currently, our education policies support two paths to instruction: the traditional classroom model and the virtual/independent study model. Blended learning operates in the middle of that spectrum. Both traditional and charter public schools are engaging in blended learning but charter schools have a hurdle that traditional schools do not. The current 80 percent threshold that defines a nonclassroom-based school creates unintentional challenges for a blended learning charter school that remains mostly bricks and mortar.”
Blended learning. Blended learning is a method of instruction that combines traditional classroom-based instruction with some form of independent study that utilizes online learning outside of the classroom. It currently is offered by both charter schools and traditional public schools. Charter schools have the option of reducing classroom-based instruction to 80 percent of the minutes otherwise required and still receive full Average Daily Attendance (ADA) funding for their students.
While existing law already authorizes a charter school to offer nonclassroom-based instruction and go through a funding determination process by the SBE in which it could receive full ADA funding for its students, this bill creates new statutory provisions for charter schools that provide between 60 percent and 80 percent of classroom-based instruction time which is a lower threshold than what is currently authorized for nonclassroom-based instruction. Funding for blended learning programs would also be subject to a funding determination process by the SBE. However, the SBE would be required to include facility costs (as instructional costs) as part of its consideration. Currently, the Charter School Facility Grant Program which was established by SB 740 (O’Connell, Chapter 892, Statutes of 2001) and provides assistance to charter schools with facilities rent and lease expenditures, explicitly prohibits the use of non-classroom based ADA. The author’s office and supporters of the bill argue that these charters will have facility needs, such as providing some courses in a classroom setting or for teachers to meet with students on a scheduled basis.
Effectiveness of online instruction? Studies on the use of online instruction, which has grown in recent years, as compared to traditional face-to-face instruction, have been inconclusive and some have even gone on to suggest that online instruction is not as effective as regular classroom instruction. For example, a 2011 study of charter school performance in Pennsylvania by the Center for Research on Education Outcomes at Stanford University found that each of that state’s eight online charter schools significantly underperformed brick and mortar schools and regular (non-virtual) charter schools in reading and math. A 2011 report from the Ohio Department of Education only rated three of the state’s 27 virtual schools as effective or excellent. Notwithstanding these studies, with recent advances in technology combined with local workforce needs, blending learning programs could allow for more innovative and experimental paths to instruction that benefit student outcomes. Additionally, by requiring a blended learning charter school to go through a funding determination process through the State Board of Education (SBE), this could help ensure adequate state fiscal oversight and prevent the potential for these schools to reduce spending on instruction-related activities.
Pilot program. Absent a comprehensive analysis on the effectiveness of blended learning, it appears to be premature at this point to expand these programs as prescribed by this measure. Staff recommends the following amendments:
Provide that the bill’s provisions be implemented as a pilot program administered by the California Department of Education (CDE) for a three-year period, commencing with the 2016-17 school year.
Require the CDE to establish an application process with up to 10 charter schools selected for participation.
Require that the application be based on, at minimum, a written proposal describing the blended learning program and population to be served, evidence of the applicant’s track record of success in operating a blended learning program, and a written plan for documenting and reporting its practices and pupil outcomes for the duration of the pilot program, including specific educational goals and outcomes that are aligned with the applicant’s local control and accountability plan.
Staff also recommends that the bill be amended to require the CDE to contract for an independent evaluation of the pilot program that assesses the effectiveness of charter school blended learning programs on student performance and includes recommendations on whether this model of instruction should be implemented on a statewide basis. The evaluation shall include recommendations on funding instructional and facility costs and the effectiveness of the funding determination process. This could help inform future discussions on the possibility of permanently authorizing blended learning at the reduced threshold of classroom time that this measure proposes.
Funding for facilities. This bill provides that a blending learning charter school that seeks a funding determination shall not lose eligibility for facilities assistance under Proposition 39, the Charter School Facility Grant Program, and the State School Facilities Program, provided the school is otherwise eligible for the facilities funding pursuant to those programs. As previously mentioned in Comment No. 2, current law explicitly prohibits eligibility for Charter School Facility Grant Program funds for nonclassroom-based instruction. Because the bill would require the SBE’s funding determination to include facility costs as part of its consideration and also to be consistent with the existing Charter School Facility Program, staff recommends that the provision allowing a blended learning charter school to retain its eligibility for facilities assistance pursuant to the Charter School Facility Grant Program be deleted.
Arguments in support. Supporters of this bill, the California Charter Schools Association, state blended learning programs are not well supported by the existing policy environment. They state the current SBE funding determination process has forced blended learning charter schools to "severely curtail their blended learning innovation." They further state the current process is "arbitrary and artificially constraining when applied to blended learning charter schools."
Arguments in opposition. The California Teachers Association, (CTA), which is opposed to this bill, states there is no research highlighting the importance of the zone between 60 percent to 80 percent of students instructional time that necessitate special consideration. A high quality charter school using a blended model of instruction has the potential to be a valuable alternative for certain targeted students for whom the traditional classroom model is not feasible. However, too often this approach is neither targeted nor high quality. They note charter schools that move into the online learning environment interact more with for-profit companies who have a responsibility to their shareholders, taking the focus away from students. CTA believes charter schools that seek to provide more online instruction out of class should utilize the existing process for non-classroom based instruction apportionments.
Related and prior legislation. AB 2178 (Levine, 2014) proposed to establish the Blended Learning Pilot Program, administered by the State Board of Education for the purpose of exploring best practices in blended learning. This bill failed passage in the Assembly Appropriations Committee.
SUPPORT
California Charter Schools Association
EdVoice
StudentsFirst
OPPOSITION
California Federation of Teachers
California School Employees Association
California Teachers Association
-- END --
AB 1426
Page 2
ASSEMBLY THIRD READING
AB 1426
(Levine)
As Amended May 28, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Education |
7-0 |
O'Donnell, Chávez, Kim, McCarty, Santiago, Thurmond, Weber |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Modifies the State Board of Education (SBE) funding determination for blended learning charter schools that offer classroom-based instruction no less than 60% of the instructional time and no more than 80%. Specifically, this bill:
Defines "blended learning charter school" as a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility.
Requires the SBE to adopt criteria for the determination of funding for blended learning charter schools that include facilities costs.
Provides that a blended learning charter school that seeks a funding determination shall not lose eligibility for facilities assistance funding.
FISCAL EFFECT: According to the Assembly Appropriations Committee, general Fund administrative costs to California Department of Education of approximately $75,000 to review additional funding determinations.
COMMENTS:
Purpose of the bill. Under current law, charter schools can receive full average daily attendance (ADA) funding if they offer classroom-based instruction at least 80% of the time. This allows the charter to provide differentiated instructional models, such as blended learning, without a reduction in funding. Once a charter school falls below 80% classroom-based, the charter is required to seek a funding determination from the SBE. In making its determination, the SBE is required to consider a number of factors, including the amount of the school's total budget spent on certifications, employees' salaries and benefits, and on schoolsites, and the teacher-to-pupil ratio in the school. This review provides important safeguards to ensure the state is investing the appropriate amount of resources for this type of instruction.
This bill establishes a new "zone" of charter schools that provide at least 60% classroom-based instruction time but not more than 80% classroom-based instruction, and makes funding for these schools subject to a determination by the SBE. Existing law already requires these charter schools to seek an SBE funding determination. The bill modifies this requirement for this subset of charter schools by adding the additional requirement that the SBE include facility costs. The bill also makes these schools eligible for facilities funding if they are otherwise eligible.
Arguments in support. Supporters of this bill, the California Charter Schools Association, state blended learning programs are not well supported by the existing policy environment. They state the current SBE funding determination process has forced blended learning charter schools to "severely curtail their blended learning innovation". They further state the current process is "arbitrary and artificially constraining when applied to blended learning charter schools."
Arguments in opposition. The California Teachers Association, (CTA), which is opposed to this bill, states there is no research highlighting the importance of the zone between 60% to 80% of students instructional time that necessitate special consideration. A high quality charter school using a blended model of instruction has the potential to be a valuable alternative for certain targeted students for whom the traditional classroom model is not feasible. However, too often this approach is neither targeted nor high quality. They note charter schools that move into the online learning environment interact more with for profit companies who have a responsibility to their shareholders, taking the focus away from students. CTA believes charter schools that seek to provide more online instruction out of class should utilize the existing process for non-classroom based instruction apportionments.
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0000630
AB 1426
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1426
(Levine) – As Amended May 5, 2015
Policy Committee: |
Education |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill modifies the State Board of Education (SBE) funding determination for blended learning charter schools that offer classroom-based instruction no less than 60 percent of the instructional time and no more than 80 percent. Specifically, this bill:
Defines "blended learning charter school" as a charter school that offers a formal education program in which a pupil learns at least in part through online delivery of content and instruction with some element of pupil control over time, place, and pace and at least in part at a supervised location away from home, operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter, and has no more than one satellite facility.
Requires the SBE to adopt criteria for the determination of funding for blended learning charter schools that include facilities costs.
Provides that a blended learning charter school shall be deemed a classroom-based school for purposes of eligibility for specified facilities funding.
FISCAL EFFECT:
Proposition 98/GF cost pressure in the millions of dollars related to expanded access to facility programs. For example, under current law, the state provides facility funding for certain charter schools under the Charter School Facility Grant Program. In 2014-15, the program provided $29.6 million to 292 charter schools. Currently, non-classroom based charter schools are not eligible for funding under this program. This bill would increase the pool of eligible charter schools, placing pressure on existing resources.
General Fund administrative costs to CDE of approximately $75,000 to review additional funding determinations.
COMMENTS:
Purpose. Under current law, charter schools can receive full average daily attendance (ADA) funding if they offer classroom-based instruction at least 80% of the time. This allows the charter to provide differentiated instructional models, such as blended learning, without a reduction in funding. Once a charter school falls below 80% classroom-based, the charter is required to seek a funding determination from the State Board of Education. In making its determination, the SBE is required to consider a number of factors, including the amount of the school's total budget spent on certifications, employees' salaries and benefits, and on schoolsites, and the teacher-to-pupil ratio in the school. This review provides important safeguards to ensure the state is investing the appropriate amount of resources for this type of instruction.
This bill establishes a new "zone" of charter schools that provide at least 60% classroom-based instruction time but not more than 80% classroom-based instruction, and makes funding for these schools subject to a determination by the SBE. Existing law already requires these charter schools to seek an SBE funding determination. The bill modifies this requirement for this subset of charter schools by adding the additional requirement that the SBE include facility costs. The bill also makes these schools eligible for facilities funding if they are otherwise eligible.
Supporters of this bill, the California Charter Schools Association, state blended learning programs are not well supported by the existing policy environment. They state the current SBE funding determination process has forced blended learning charter schools to "severely curtail their blended learning innovation". They further state the current process is "arbitrary and artificially constraining when applied to blended learning charter schools."
Opposition. The California Teachers Association, (CTA), is opposed to this bill. CTA states there is no research highlighting the importance of the zone between 60% to 80% of students instructional time that necessitate special consideration. A high quality charter school using a blended model of instruction has the potential to be a valuable alternative for certain targeted students for whom the traditional classroom model is not feasible. However, too often this approach is neither targeted nor high quality. They note charter schools that move into the online learning environment interact more with for profit companies who have a responsibility to their shareholders, taking the focus away from students. CTA believes charter schools that seek to provide more online instruction out of class should utilize the existing process for non-classroom based instruction apportionments.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 1426
Page 3
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1426
(Levine) – As Introduced February 27, 2015
SUBJECT: Charter schools: classroom-based instruction
SUMMARY: Reduces, for specified charter schools, the amount of classroom-based instruction that must be offered and classroom-based attendance that must occur in order to receive full attendance-based funding. Specifically, this bill:
Provides that a charter school can receive full average daily attendance (ADA) classroom-based instruction apportionments if it offers at least 60% of the minimum classroom-based instructional time otherwise required and requires pupil attendance for at least 60% of the minimum classroom-based instructional time otherwise required, provided the charter school meets both of the following conditions:
The charter school only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter; and
The charter school has no more than one satellite facility located in a county adjacent to that in which the charter school is authorized.
Makes other nonsubstantive changes to existing law.
EXISTING LAW:
Requires charter schools to offer, at a minimum, the following number of minutes of instruction each fiscal year:
36,000 minutes in kindergarten;
50,400 minutes in grades 1 to 3, inclusive;
54,000 minutes in grades 4 to 8, inclusive; and
64,800 minutes in grades 9 to 12, inclusive.
Provides that "classroom-based instruction" in a charter school occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification.
Authorizes a charter school to a receive full classroom-based instruction apportionment if it offers at least 80% of the minimum instructional time and requires the attendance for all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80% of the minimum instruction time required.
Authorizes schools to offer nonclassroom-based instruction, which includes, but is not limited to, independent study, home study, work study, and distance and computer-based education.
Provides that nonclassroom-based instruction shall be funded at 70% of the rate for classroom-based instruction.
FISCAL EFFECT: Unknown
COMMENTS: This bill reduces from 80% to 60% the percentage of classroom-based instruction that must be offered and classroom-based attendance that must occur in order to receive a full apportionment based on 100% of minimally-required minutes and 100% of average daily attendance (ADA). The 60% option would be provided only to charter schools that offer a blended learning program, that operate a single schoolsite within the jurisdiction of the authority that granted the charter, and that has no more than one satellite facility in an adjacent county. The 80% provision in existing law was established by SB 740 (O'Connell, Chapter 892, Statutes of 2001). None of the committee analyses for SB 740 explain the rationale for the provision, which applies only to charter schools and not to non-charter schools, and is not restricted to blended learning.
Blended learning. Blended learning combines classroom-based instruction with independent study outside of the classroom. It currently is offered by both charter schools and non-charter schools throughout the state. Charter schools have the option of reducing classroom-based instruction to 80% of the minutes otherwise required and still receive a full apportionment ADA, so the independent study portion of blended learning can supplant, rather than supplement, classroom instruction. The 80% option is available to charter schools whether or not they offer blended instruction.
This bill makes the 60% option available to specified charter schools that offer blended learning. In other words, students could attend class 60% time and still generate 100% of the funding. The other 40% time would be engaged in some form of independent study, which is less expensive to provide. Under existing law, nonclassroom-based charter schools that offer independent study must seek a determination of funding from the State Board of Education. In making its determination, the SBE is required to consider the amount of the school's total budget spent on certifications employees' salaries and benefits and on schoolsites, and the teacher-to-pupil ratio in the school.
Committee amendments. Under this bill, up to 40% of total instruction in a blended learning program may be offered via independent study. Existing law already provides for a methodology for determining the appropriate level of funding for independent study programs. Staff recommends the bill be amended to strike its current contents and instead:
Provide that the independent study portion of a blended learning program shall be subject to the existing funding determination process for independent study, for specified charter schools that offer no less than 60% and no more than 80% of the minimum required minutes of instruction as a classroom-based program;
Require the SBE to adopt criteria for the determination of funding for blended learning charter schools that include facilities costs; and
Provide that a blended learning charter school shall be deemed a classroom-based school for purposes of eligibility for specified facilities funding.
Arguments in support. Supporters argue that the law "forces blended learning charter public schools to severely curtail their innovation" because they are "restricted by the 80% direct in-class instruction threshold." This bill will ensure that the 80% threshold will not "stand in the way of schools employing a blended learning model."
Arguments in opposition. Opponents argue that, while a "high quality charter school using a blended model of instruction has the potential to be a valuable alternative for certain targeted students," this approach too often is "neither targeted nor high qualify." The 80% threshold is a "safeguard" to ensure a minimum level of classroom-based instruction in a blended learning program. Charter schools already have the option of going below the 80% threshold and getting nonclassroom-based funding.
REGISTERED SUPPORT / OPPOSITION:
Support
California Charter Schools Association Advocates
EdVoice
Students First
Opposition
California Federation of Teachers
California Teachers Association
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
AB 1426
Page 3
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1426
(Levine) – As Introduced February 27, 2015
SUBJECT: Charter schools: classroom-based instruction
SUMMARY: Reduces, for specified charter schools, the amount of classroom-based instruction that must be offered and classroom-based attendance that must occur in order to receive full attendance-based funding. Specifically, this bill:
Provides that a charter school can receive full average daily attendance (ADA) classroom-based instruction apportionments if it offers at least 60% of the minimum classroom-based instructional time otherwise required and requires pupil attendance for at least 60% of the minimum classroom-based instructional time otherwise required, provided the charter school meets both of the following conditions:
The charter school only operates a single schoolsite within the geographic jurisdiction of the authority that granted its charter; and
The charter school has no more than one satellite facility located in a county adjacent to that in which the charter school is authorized.
Makes other nonsubstantive changes to existing law.
EXISTING LAW:
Requires charter schools to offer, at a minimum, the following number of minutes of instruction each fiscal year:
36,000 minutes in kindergarten;
50,400 minutes in grades 1 to 3, inclusive;
54,000 minutes in grades 4 to 8, inclusive; and
64,800 minutes in grades 9 to 12, inclusive.
Provides that "classroom-based instruction" in a charter school occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification.
Authorizes a charter school to a receive full classroom-based instruction apportionment if it offers at least 80% of the minimum instructional time and requires the attendance for all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80% of the minimum instruction time required.
Authorizes schools to offer nonclassroom-based instruction, which includes, but is not limited to, independent study, home study, work study, and distance and computer-based education.
Provides that nonclassroom-based instruction shall be funded at 70% of the rate for classroom-based instruction.
FISCAL EFFECT: Unknown
COMMENTS: This bill reduces from 80% to 60% the percentage of classroom-based instruction that must be offered and classroom-based attendance that must occur in order to receive a full apportionment based on 100% of minimally-required minutes and 100% of average daily attendance (ADA). The 60% option would be provided only to charter schools that offer a blended learning program, that operate a single schoolsite within the jurisdiction of the authority that granted the charter, and that has no more than one satellite facility in an adjacent county. The 80% provision in existing law was established by SB 740 (O'Connell, Chapter 892, Statutes of 2001). None of the committee analyses for SB 740 explain the rationale for the provision, which applies only to charter schools and not to non-charter schools, and is not restricted to blended learning.
The primary purpose of SB 740 was to limit funding for independent study (IS) programs offered by charter schools. Those IS programs are funded at 70% of the rate for classroom-based instruction. EdVoice, which was the sponsor of SB 740, was quoted in the Assembly Appropriations Committee analysis as arguing that "These reforms [to limit funding for charter school operated independent study programs] are justified given that the independent study programs are generally less expensive to operate than traditional 'brick and mortar' schools, and that there have been a number of documented abuses where independent study charters are misusing much of their state funding." This bill expands the amount of independent study that specified charter schools can offer and still retain 100% of classroom-based funding.
Blended learning. Blended learning combines classroom-based instruction with independent study outside of the classroom. It currently is offered by both charter schools and non-charter schools throughout the state. Blended learning students in non-charter schools must attend classroom-based instruction for the full minimum day in order to generate a full apportionment ADA. In other words in non-charter schools, the IS portion supplements, rather than supplants, classroom-based instruction. By contrast, charter schools have the option of reducing classroom-based instruction to 80% of the minutes otherwise required and still receive a full apportionment ADA, so the independent study portion of blended learning can supplant, rather than supplement, classroom instruction. The 80% option is available to charter schools whether or not they offer blended instruction.
Reduces classroom instruction, but not funding. This bill makes the 60% option available to specified charter schools that offer blended learning. In other words, students could attend class 60% time and still generate 100% of the funding. The other 40% time would be engaged in some form of independent study, which—as noted by EdVoice—is less expensive to provide. According to information provided by the author's office, this change is necessary, because existing law is "arbitrary and artificially constraining when applied to blended learning charter schools," and forces charter schools "to severely curtail their blended learning innovation." In fact, existing law is already less constraining for charter schools than for non-charter schools.
In order to meet the statutory definition of "classroom-based instruction," the pupil must be under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification. Accordingly, a consequence of this bill is to exempt 40% of total instruction from this requirement, so that instruction need not be under the direct supervision and control of a certificated teacher. Instead, it may be provided by an instructional aide or a computer program. This can significantly reduce the total cost of instruction. The committee may wish to consider why independent study should be funded at a higher rate if it is part of a blended learning program than if it is completely independent study.
Reasons for the restrictions. This bill limits the 60% threshold option to only charter schools that operate a single schoolsite within the geographic jurisdiction of the granting authority and has no more than one satellite facility in an adjacent county. According to information from the author's office, this limitation is "to distinguish between blended learning and non-classroom-based schools." However, the limitation in the bill is based on the number of charter schools with a geographic area and not on the type of program offered.
The author's office also indicates that the adjacent county provision is included at the request of a single school, although other schools may qualify under this provision. The school that requested the adjacent county provision is Classical Academy in San Diego County, which, according to its website, currently does not offer a blended learning program. Instead, it offers independent study, a virtual school, and home schooling.
Arguments in support. Supporters argue that the law "forces blended learning charter public schools to severely curtail their innovation" because they are "restricted by the 80% direct in-class instruction threshold." This bill will ensure that the 80% threshold will not "stand in the way of schools employing a blended learning model."
Arguments in opposition. Opponents argue that, while a "high quality charter school using a blended model of instruction has the potential to be a valuable alternative for certain targeted students," this approach too often is "neither targeted nor high qualify." The 80% threshold is a "safeguard" to ensure a minimum level of classroom-based instruction in a blended learning program. Charter schools already have the option of going below the 80% threshold and getting nonclassroom-based funding.
REGISTERED SUPPORT / OPPOSITION:
Support
California Charter Schools Association Advocates
EdVoice
Students First
Opposition
California Federation of Teachers
California Teachers Association
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
Discussed in Hearing
3MIN
Senate Standing Committee on Appropriations
53SEC
Assembly Floor
16MIN
Assembly Standing Committee on Education
Bill Co-Author(s):