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

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

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Bill Title: Charter schools: funding.

Spectrum: Partisan Bill (Democrat 1-0)

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

Download: California-2009-SB191-Amended.html

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BILL NUMBER: SB 191	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2009
	AMENDED IN SENATE  APRIL 20, 2009
	AMENDED IN SENATE  APRIL 14, 2009

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 amended, 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 would provide that those modified calculations do not
apply to charter schools that convert to charter schools on or after
 July   January 1, 2010, or to charter
schools that are independently governed and operated by a nonprofit
public benefit corporation. The bill instead would provide for such
charter schools to receive general-purpose funding, as specified. The
bill would declare that these provisions do not  prelude
  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) (1) For the attendance of pupils specified in subdivision (b),
the general-purpose entitlement for a charter school that is
established through the conversion of an existing public school
within a unified school district on or after July 1, 2005, but before
 July   January  1, 2010, shall be
determined using the following amount of general-purpose funding per
unit of average daily attendance, in lieu of the amount calculated
pursuant to subdivision (a) of Section 47633:
   (A) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year prior to
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as a charter
school.
   (B) For a subsequent 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.
   (2) This subdivision shall not apply to a charter school that is
established through the conversion of an existing public school
within a unified school district on or after  July 
 January  1, 2010, which instead shall receive 
general   general-purpose  funding pursuant to
Section 47633.
   (3) This subdivision shall not apply to a charter school that is
independently governed and operated by a nonprofit public benefit
corporation, which shall instead receive general-purpose funding
pursuant to Section 47633.
   (4) Paragraphs (2) and (3) do 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 (j) of Section 47632 of
a charter school that is subject to paragraphs (1) and (2) of
subdivision (c) shall certify to the Superintendent the amount
specified in paragraph (1) of subdivision (c) prior to the approval
of the charter petition by the governing board of the school
district. This amount may be based on estimates of the unrestricted
revenues expended in the fiscal year prior to the school's conversion
to charter status and the school's operation as a charter school,
provided that the amount is recertified when the actual data becomes
available.
   (f) 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.