BILL NUMBER: AB 377	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2013

INTRODUCED BY   Assembly Member Grove
    (   Principal coauthor:   Assembly Member
  Olsen  ) 

                        FEBRUARY 14, 2013

   An act to amend Section 51747.3 of the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 377, as amended, Grove. Charter schools: average daily
attendance: independent study: online charter schools.
   Existing law requires community school and independent study
average daily attendance to be claimed by school districts, county
superintendents of schools, and charter schools only for pupils who
are residents of the county in which the apportionment claim is
reported or pupils who are residents of a county immediately adjacent
to the county in which the apportionment claim is reported.
   This bill would authorize a virtual or online charter school, as
defined, to claim independent study average daily attendance for
pupils who are residents of the county in which the apportionment is
reported, or who are residents of any other county in the state.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51747.3 of the Education Code is amended to
read:
   51747.3.  (a) Notwithstanding any other law, a local educational
agency, including, but not limited to, a charter school, may not
claim state funding for the independent study of a pupil, whether
characterized as home study or otherwise, if the agency has provided
any funds or other thing of value to the pupil or his or her parent
or guardian that the agency does not provide to pupils who attend
regular classes or to their parents or guardians. A charter school
may not claim state funding for the independent study of a pupil,
whether characterized as home study or otherwise, if the charter
school has provided any funds or other thing of value to the pupil or
his or her parent or guardian that a school district could not
legally provide to a similarly situated pupil of the school district,
or to his or her parent or guardian.
   (b) (1) Notwithstanding paragraph (1) of subdivision (d) of
Section 47605 or any other  provision of  law,
community school and independent study average daily attendance shall
be claimed by school districts, county superintendents of schools,
and charter schools only for pupils who are residents of the county
in which the apportionment claim is reported, or who are residents of
a county immediately adjacent to the county in which the
apportionment claim is reported, except as provided in paragraph (2).

   (2) Notwithstanding paragraph (1), a virtual or online charter
school, as defined in Section 11963.5 of Title 5 of the California
Code of Regulations, may claim independent study average daily
attendance for pupils who are residents of the county in which the
apportionment is reported, or who are residents of any other county
in the state.
   (c) The Superintendent shall not apportion funds for reported
average daily attendance, through full-time independent study, of
pupils who are enrolled in school pursuant to subdivision (b) of
Section 48204.
   (d) In conformity with Provisions 25 and 28 of Section 2.00 of the
Budget Act of 1992, this section is applicable to average daily
attendance reported for apportionment purposes beginning July 1,
1992. The provisions of this section are not subject to waiver by the
state board, by the  State  Superintendent, or
under any provision of Part 26.8 (commencing with Section 47600).