Bill Text: CA SB191 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Charter schools: funding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 305, Statutes of 2009. [SB191 Detail]

Download: California-2009-SB191-Introduced.html

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BILL NUMBER: SB 191	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 191, as introduced, Wright. Charter schools: funding.
   Existing law requires the Superintendent of Public Instruction
annually to compute a general-purpose entitlement for each charter
school, as specified. Existing law prescribes calculations to modify
that general-purpose entitlement with regard to specified pupils who
attend a charter school that is established through the conversion of
an existing public school within a unified school district on or
after July 1, 2005.
   This bill instead would require that those modified calculations
for charter schools that convert to charter schools on or after July
1, 2005, only be made for the first three fiscal years subsequent to
the conversion of the school. The bill would require, following this
three fiscal year period, that the general-purpose entitlement for
schools that convert to charter schools on or after July 1, 2005, be
no greater than the amount calculated by the Superintendent for
charter schools generally. The bill would provide that a unified
school district that is the sponsoring local educational agency, as
defined, of a charter school is not required to make the modified
calculations for a converted charter school in any fiscal year if the
unified school district certifies an entitlement to an apportionment
amount, as determined pursuant to a specified statute, that is lower
than the apportionment amount the unified school district certified
in the prior fiscal year. The bill would declare that its provisions
do not preclude a charter school or unified school district from
agreeing to an alternative funding formula.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 47660 of the Education Code is amended to read:

   47660.  (a) For purposes of computing eligibility for, and
entitlements to, general purpose funding and operational funding for
categorical programs, the enrollment and average daily attendance of
a sponsoring local educational agency shall exclude the enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
   (b) (1) Notwithstanding subdivision (a), and commencing with the
2005-06 fiscal year, for purposes of computing eligibility for, and
entitlements to, revenue limit funding, the average daily attendance
of a unified school district, other than a unified school district
that has converted all of its schools to charter status pursuant to
Section 47606, shall include all attendance of pupils who reside in
the unified school district and who would otherwise have been
eligible to attend a noncharter school of the school district, if the
school district was a basic aid school district in the prior fiscal
year, or if the pupils reside in the unified school district and
attended a charter school of that school district that converted to
charter status on or after July 1, 2005. Only the attendance of the
pupils described by this paragraph shall be included in the
calculation made pursuant to paragraph (7) of subdivision (h) of
Section 42238.
   (2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
only, for purposes of computing eligibility for, and entitlements to,
revenue limit funding, the average daily attendance of a unified
school district, other than a unified school district that has
converted all of its schools to charter status pursuant to Section
47606 and is operating them as charter schools, shall include all
attendance of pupils who reside in the unified school district and
who would otherwise have been eligible to attend a noncharter school
of the unified school district if the pupils attended a charter
school operating in the unified school district prior to July 1,
2005. Only the attendance of pupils described by this paragraph shall
be included in the calculation made pursuant to Section 42241.3. The
attendance of the pupils described by this paragraph shall be
included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
   (c) Commencing with the 2005-06 fiscal year, for the attendance of
pupils specified in subdivision (b), the general-purpose entitlement
for a charter school that is established through the conversion of
an existing public school within a unified school district on or
after July 1, 2005, shall be determined using the following amount of
general-purpose funding per unit of average daily attendance, in
lieu of the amount calculated pursuant to subdivision (a) of Section
47633:
   (1) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year prior to
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as a charter
school.
   (2) For a subsequent fiscal year, the general-purpose entitlement
shall be determined based on the amount per unit of average daily
attendance allocated in the prior fiscal year adjusted for the base
revenue limit per pupil inflation increase adjustment set forth in
Section 42238.1, if this adjustment is provided, and also adjusted
for equalization, deficit reduction, and other state general-purpose
increases, if any, provided for the unified school district in that
fiscal year. 
   (3) The calculations set forth in this subdivision shall only be
made for the first three fiscal years subsequent to the conversion of
the school to a charter school on or after July 1, 2005, pursuant to
Section 47606. Following this three fiscal year period, the
general-purpose entitlement for schools that convert to charter
schools on or after July 1, 2005, shall be no greater than the amount
calculated pursuant to Section 47633. A unified school district that
is the sponsoring local educational agency, as defined in
subdivision (j) of Section 47632, of a charter school shall not be
required to make the calculations set forth in this subdivision in
any fiscal year if the unified school district certifies an
entitlement to an apportionment amount, as determined pursuant to
Section 42238, that is lower than the apportionment amount the
unified school district certified in the prior fiscal year. This
paragraph does not preclude a charter school or unified school
district from agreeing to an alternative funding formula. 
   (d) Commencing with the 2005-06 fiscal year, the general-purpose
funding per unit of average daily attendance specified for a unified
school district for purposes of paragraph (7) of subdivision (h) of
Section 42238 for a school within the unified school district that
converted to charter status on or after July 1, 2005, shall be deemed
to be the amount computed pursuant to subdivision (c).
   (e) A unified school district that is the sponsoring local
educational agency as defined in subdivision  (i) 
 (j)  of Section 47632 of a charter school that is subject
to the provisions of subdivision (c) shall certify to the
Superintendent the amount specified in paragraph (1) of subdivision
(c) prior to the approval of the charter petition by the governing
board of the school district. This amount may be based on estimates
of the unrestricted revenues expended in the fiscal year prior to the
school's conversion to charter status and the school's operation as
a charter school, provided that the amount is recertified when the
actual data becomes available.
   (f) For the purposes of this section, "basic aid school district"
means a school district that does not receive from the state an
apportionment of state funds pursuant to subdivision (h) of Section
42238.
   (g) A school district may use the existing Standardized Account
Code Structure and cost allocation methods, if appropriate, for an
accounting of the actual unrestricted revenues expended in support of
a school pursuant to subdivision (c).
   (h) For purposes of this section and Section 42241.3, "operating"
means that pupils are attending, and receiving instruction at the
charter school.