Education Code — Part 29 | EDC — United States — California law | Esheria

Education Code

Part 29 of 57 · provisions 5,601–5,800

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About this statute

This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 45370.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] ( Article 8.5 added by Stats. 1984, Ch. 648, Sec. 1. )

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    The Legislature states its intent that specified school boards and education authorities employ qualified readers for legally blind certified classroom teachers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] ( Article 8.5 added by Stats. 1984, Ch. 648, Sec. 1. ) ## 45370. It is the intent of the Legislature in enacting this article that the governing board of each school district, each county superintendent of schools and each state special school or center employ qualified persons to serve as readers for the legally blind certified classroom teachers employed by each of these entities. (Amended by Stats. 1994, Ch. 1288, Sec. 4. Effective January 1, 1995.)
  2. 45371.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] ( Article 8.5 added by Stats. 1984, Ch. 648, Sec. 1. )

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    A state fund is created to pay for reader services for legally blind certificated classroom teachers, and the Superintendent of Public Instruction must administer the fund and allocate money to eligible applicant schools and districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] ( Article 8.5 added by Stats. 1984, Ch. 648, Sec. 1. ) ## 45371. There is hereby created in the State Treasury the Reader Employment Fund, to be administered by the Superintendent of Public Instruction. From any funds that are appropriated to the Reader Employment Fund, the Superintendent of Public Instruction shall allocate to each applicant school district, county superintendent of schools, and state special school or center operated pursuant to Part 32 (commencing with Section 59000) an amount sufficient to provide the legally blind certificated classroom teachers employed by the applicant with the services of a reader for a maximum of 15 hours per school week. (Amended by Stats. 1994, Ch. 1288, Sec. 5. Effective January 1, 1995.)
  3. 45372.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] ( Article 8.5 added by Stats. 1984, Ch. 648, Sec. 1. )

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    The Superintendent of Public Instruction must establish the procedures and necessary forms for funding applications under this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] ( Article 8.5 added by Stats. 1984, Ch. 648, Sec. 1. ) ## 45372. The Superintendent of Public Instruction shall establish the procedures and necessary forms for applications for funding pursuant to this section. (Added by Stats. 1984, Ch. 648, Sec. 1.)
  4. 45380.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature says this article is meant to help classified school employees prepare for technological and other changes, and to encourage governing boards to support study and retraining.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45380. In enacting this article the Legislature recognizes that technological and other changes are occurring which may displace otherwise desirable classified employees in the public school systems of the state. The Legislature intends that the enactment of this article will encourage classified employees to prepare themselves for the changes that are occurring and will also encourage governing boards to utilize the article to further study and retraining by classified personnel. (Enacted by Stats. 1976, Ch. 1010.)
  5. 45381.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may grant a classified employee up to one year of leave for study or retraining, and may split the leave into shorter periods if they are completed within three years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45381. The governing board of any school district may grant any classified employee a leave of absence not to exceed one year for the purpose of permitting study by the employee or for the purpose of retraining the employee to meet changing conditions within the district. The governing board may provide that such a leave of absence shall be taken in separate six-month periods or in any other appropriate periods, rather than for a continuous one-year period; provided, that the separate periods of leave of absence shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the authorized separate periods shall comprise a part of the service required for a subsequent leave of absence for study or retraining purposes. In school districts operating under the merit system, such leaves of absence shall be granted in accordance with rules established by the personnel commission. (Enacted by Stats. 1976, Ch. 1010.)
  6. 45382.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    Leave of absence under this article may be limited by prior service, and authorities may set service standards that entitle an employee to leave.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45382. No leave of absence shall be granted under this article to any employee for study purposes who has not rendered service to the district for at least seven consecutive years, or for retraining purposes who has not rendered service to the district for at least three consecutive years preceding the granting of the leave, and no more than one such leave of absence shall be granted in each seven- or three-year period, respectively. The governing board, or personnel commission in merit system districts, may prescribe standards of service which shall entitle the employee to the leave of absence. Any leave of absence granted under this article shall not be deemed a break in service for any purpose, except that such leave shall not be included as service in computing service for the granting of any subsequent leave under this article. (Enacted by Stats. 1976, Ch. 1010.)
  7. 45383.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    An employee on leave under this article may be required to do agreed services during the leave, and must receive written-agreement compensation that is at least the salary difference, though the board may instead pay one-half or more up to full salary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45383. Every employee granted a leave of absence pursuant to this article may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing. The employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.)
  8. 45384.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    The governing board may pay a leave employee’s compensation during leave if the employee provides a suitable bond, and may waive the bond if the board adopts a resolution based on a written return-and-service agreement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45384. Compensation granted by the governing board to the employee on leave may be paid in two equal annual installments during the first two years of service rendered in the employ of the governing board following the return of the employee from the leave of absence. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were working for the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render at least two years’ service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in the event the failure of the employee to return and render two years’ service is caused by the death or physical or mental disability of the employee. If the governing board finds, and by resolution declares, that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render at least two years’ service therein following his return from the leave, the governing board in its discretion may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Enacted by Stats. 1976, Ch. 1010.)
  9. 45385.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    If one governing board serves multiple separate districts, an employee may meet the service requirements by serving in any one or more of those districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45385. Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in Sections 45382 or 45384, or both, by service in any one or more of the districts under the jurisdiction of such governing board. (Enacted by Stats. 1976, Ch. 1010.)
  10. 45386.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    This section says the article applies to districts that have adopted the merit system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45386. This article shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter or other applicable provisions of this code that may hereafter be enacted. (Enacted by Stats. 1976, Ch. 1010.)
  11. 45387.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may reimburse a permanent classified employee for approved training costs, including tuition, and may allow at least one schoolday each year of paid job-related in-service training.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Retraining and Study [45380 - 45387] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 45387. (a) The governing board of a school district may grant reimbursement of the costs, including tuition fees, to a permanent classified employee who satisfactorily completes approved training to improve his or her job knowledge, ability, or skill. Programs eligible for that reimbursement shall include courses of study at approved academic institutions, seminars and training institutes conducted by recognized professional associations, and conferences, meetings and other training programs that are designed to upgrade the classified service and to encourage retraining of employees who may otherwise be subject to layoff as the result of technological changes. Eligibility for reimbursement shall be in accordance with rules established by the personnel commission in those districts that have adopted a merit system. This section does not apply to an employee who is receiving training and is eligible for reimbursement by another governmental agency, organization, or association. (b) The governing board of a school district may permit a permanent classified employee to attend a minimum of one schoolday each year, during working hours, for job-related in-service training, with pay. (Amended by Stats. 2005, Ch. 547, Sec. 6. Effective January 1, 2006.)
  12. 45390.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] ( Article 9.5 added by Stats. 2013, Ch. 723, Sec. 1. )

    Verify source ↗

    The Legislature states that classified school employees need professional development and training, and that teachers and administrators also need professional development to support student achievement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] ( Article 9.5 added by Stats. 2013, Ch. 723, Sec. 1. ) ## 45390. The Legislature finds and declares all of the following: (a) Classified school employees play a vital role in the education of our pupils and students in our public schools and community colleges. They do the essential work that keeps our campuses safe, clean, and well maintained so that our pupils and students can get to school, focus on learning, and succeed at their highest levels. (b) Because classified school employees are on the front lines working to ensure the safety and care of pupils and students on our campuses, they need professional development and training to update their skills and to learn the best practices for vital education programs, including campus safety, academic achievement and curriculum standards, special education, health care, child nutrition, pupil transportation, environmental safety, and parental involvement. (c) Teachers and administrators serving pupils in kindergarten and grades 1 to 12, inclusive, play vital roles in supporting a pupil’s ability to achieve academically, and providing professional development training to teachers and administrators is essential to this goal. (Added by Stats. 2013, Ch. 723, Sec. 1. (SB 590) Effective January 1, 2014.)
  13. 45391.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] ( Article 9.5 added by Stats. 2013, Ch. 723, Sec. 1. )

    Verify source ↗

    If a local educational agency spends funds on professional development for schoolsite staff, it must consider the needs of its classified school employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] ( Article 9.5 added by Stats. 2013, Ch. 723, Sec. 1. ) ## 45391. (a) If a local educational agency expends funds for professional development for any schoolsite staff, the local educational agency shall consider the needs of its classified school employees. (b) For purposes of this article, the following terms have the following meanings: (1) “Classified school employee” means a person employed on a full-time or a part-time basis as a classified school employee at a community college, a public school, a charter school, or a county office of education. (2) “Local educational agency” means a school district, a county office of education, a charter school, or a community college district. (c) Professional development training for classified school employees to update their skills and to learn best practices may include, but is not limited to, any of the following: (1) Pupil learning and achievement, including all of the following: (A) Training for paraprofessionals to assist teachers and administrators to improve the academic achievement of pupils. (B) Training to ensure the curriculum frameworks and instructional materials are aligned to the common core standards. (C) Training in the management and use of state and local pupil data to improve pupil learning. (D) Training on the best practices in the appropriate interventions and assistance for at-promise pupils. (2) Pupil and campus safety, including training and staff development in the latest and best practices for pupil safety and campus safety. (3) Education technology, including management strategies and best practices regarding the use of education technology to improve pupil performance. (4) School facility maintenance and operations, including new research and best practices in the operation and maintenance of school facilities, such as green technology and energy efficiency, that help reduce the use and the cost of energy at schoolsites. (5) Special education, including training and staff development on the best practices to meet the needs of special education pupils, and to comply with any new state and federal mandates. (6) School transportation and bus safety, including training and staff development on the best practices and standards for pupil transportation. (7) Parent involvement, including training and staff development to enhance the ability of a school to increase parent involvement at schoolsites. (8) Food service, including training and staff development on new research and findings for food preparation to provide nutritional meals and food management. (9) Health, counseling, and nursing services, including training and staff development on the latest and best practices for pupil health care and counseling needs. (10) Environmental safety, including training and staff development on pesticides and other possibly toxic substances so that they may be safely used at schoolsites. (Amended by Stats. 2019, Ch. 800, Sec. 10. (AB 413) Effective January 1, 2020.)
  14. 45392.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] ( Article 9.5 added by Stats. 2013, Ch. 723, Sec. 1. )

    Verify source ↗

    A local educational agency may provide professional development to teachers and administrators.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] ( Article 9.5 added by Stats. 2013, Ch. 723, Sec. 1. ) ## 45392. Nothing in this article prohibits a local educational agency from providing professional development to teachers and administrators. (Added by Stats. 2013, Ch. 723, Sec. 1. (SB 590) Effective January 1, 2014.)
  15. 45400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that public schools with many pupils and parents who speak a non-English primary language should have bilingual employees to support effective communication and education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 45400. The Legislature hereby finds that when a public school that provides instruction in kindergarten or any of grades 1 through 12 has a substantial number of pupils who, together with their parents or guardians, speak a single primary language other than English, and does not have in its employ one or more bilingual employees fluent in both English and the primary language of such pupils and their parents or guardians, a serious educational disadvantage results for the pupils. Effective communication between the school authorities and both the affected pupils and their parents and guardians is absolutely essential to an effective educational program. It is, therefore, the intent of the Legislature in enacting this article to remove some of the barriers that face pupils who, together with their parents or guardians, speak a single primary language other than English, and to provide them, through more effective communication, with the most beneficial education possible from the public elementary schools, junior high schools, and high schools of this state. (Enacted by Stats. 1976, Ch. 1010.)
  16. 45401.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board must hire a bilingual person for each qualifying school’s administrative office when the student-language threshold is met and a position is available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 45401. When at least 15 percent of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 through 12 speak a single primary language other than English, the governing board of the school district in which such school is located shall hire a bilingual person for the administrative office of each such school, as soon as a position is available as provided by Section 45403, to serve as a bilingual community liaison person or a paraprofessional, clerical, or other qualified employee of each such school, in accordance with the provisions of Chapter 5 (commencing with Section 45100) of this part, who is fluent in both English and in the primary language spoken by such pupils and their parents or guardians. (Enacted by Stats. 1976, Ch. 1010.)
  17. 45402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A bilingual employee’s main job must be communicating with parents or guardians in the parents’ primary language.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 45402. The bilingual person employed pursuant to this article shall have as a principal function the communication with parents or guardians of such students in the primary language of the parents or guardians. The governing board of the school district may make additional, reasonable assignments of duties for such bilingual employees. (Enacted by Stats. 1976, Ch. 1010.)
  18. 45403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts are not required by this article to replace or add classified personnel, but when certain classified positions are added or filled, Section 45401 must be followed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Bilingual Office Employees [45400 - 45403] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 45403. This article shall not be construed as requiring school districts to replace existing classified personnel or to employ additional classified personnel. However, in any case in which additional classified positions are added to the administrative staff of a school which does not already employ a person as described in Section 45401, or if a vacancy is to be filled in a classified position in the administrative staff of such a school, the provisions of Section 45401 shall be adhered to in filling such position. (Enacted by Stats. 1976, Ch. 1010.)
  19. 45420.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    This article applies once a county superintendent of schools and a school district governing board execute an agreement for the superintendent to assume operation of a district data processing center.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. ) ## 45420. The provisions of this article shall become applicable upon the execution of an agreement between a county superintendent of schools and a school district governing board providing for the assumption by the county superintendent of schools of a data processing center operated by the school district. (Added by Stats. 1977, Ch. 746.)
  20. 45421.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    An eligible school district employee may choose to transfer employment to the county superintendent of schools when the data processing center is transferred.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. ) ## 45421. A school district employee in a position not requiring certification qualifications assigned to a data processing center which is transferred to a county superintendent of schools shall, upon the election of the employee to do so, cease to be an employee of the school district upon the effective date of the agreement transferring the data processing center to the county superintendent of schools and shall thereafter be an employee of the county superintendent of schools and be paid from the county school service fund. (Added by Stats. 1977, Ch. 746.)
  21. 45422.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    Affected district employees keep accumulated unused sick leave, vacation, seniority rights, and other earned benefits when their status changes under this article and they transfer to the county school service fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. ) ## 45422. District employees whose status is changed pursuant to this article shall retain all accumulated and unused sick leave, vacation, seniority rights and other rights and benefits which can reasonably be construed to have been an earned right at the time of transfer to the county school service fund. (Added by Stats. 1977, Ch. 746.)
  22. 45423.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    A transferred employee covered by this article must not lose salary when moving to a county school service fund position.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] ( Article 11 added by Stats. 1977, Ch. 746. ) ## 45423. No employee transferred from school district service pursuant to this article to a position, the salary of which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer, or as to the future as it relates to his status on the salary scale of the county superintendent of schools in effect at that time. (Added by Stats. 1977, Ch. 746.)
  23. 45450.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Particular Employees [45450 - 45451] ( Article 12 added by Stats. 1978, Ch. 295. )

    Verify source ↗

    A school district governing board may hire personnel to guard pedestrian crossings for schoolchildren’s safety.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Particular Employees [45450 - 45451] ( Article 12 added by Stats. 1978, Ch. 295. ) ## 45450. The governing board of any school district may employ, in accordance with the provisions of this chapter, such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety of schoolchildren who use such intersections. (Added by Stats. 1978, Ch. 295.)
  24. 45451.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Particular Employees [45450 - 45451] ( Article 12 added by Stats. 1978, Ch. 295. )

    Verify source ↗

    A school district governing board that employs school crossing guards may be reimbursed from certain funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Particular Employees [45450 - 45451] ( Article 12 added by Stats. 1978, Ch. 295. ) ## 45451. The governing board of any school district which employs school crossing guards pursuant to this article may be reimbursed from funds including, but not limited to, those collected pursuant to Sections 42200 and 42201 of the Vehicle Code. (Added by Stats. 1978, Ch. 295.)
  25. 45460.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Classified School Employee Week [45460- 45460.] ( Article 13 added by Stats. 1986, Ch. 45, Sec. 1. )

    Verify source ↗

    Public schools must observe the third full week in May as Classified School Employee Week, and the observance must be built into the regular school program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Classified School Employee Week [45460- 45460.] ( Article 13 added by Stats. 1986, Ch. 45, Sec. 1. ) ## 45460. The third full week in May is designated as Classified School Employee Week. All public schools shall annually observe that week in recognition of classified school employees and the contributions they make to the educational community. The observances required by this section shall be integrated into the regular school program. This section shall apply to all schools under the jurisdiction of any school district or county board of education that has adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240), as well as to schools under the jurisdiction of any school district or county board of education that has not adopted the merit system. (Added by Stats. 1986, Ch. 45, Sec. 1. Effective April 2, 1986.)
  26. 45500.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Classified School Employee Summer Assistance Program [45500- 45500.] ( Article 14 added by Stats. 2019, Ch. 51, Sec. 27. )

    Verify source ↗

    This section creates the Classified School Employee Summer Assistance Program and sets participation, withholding, notification, funding, and payout rules for classified employees and local educational agencies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Classified School Employee Summer Assistance Program [45500- 45500.] ( Article 14 added by Stats. 2019, Ch. 51, Sec. 27. ) ## 45500. (a) The Classified School Employee Summer Assistance Program is hereby established. (b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section. (c) A local educational agency may elect to participate in the program. A participating local educational agency shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the local educational agency has elected to participate in the program for the next school year. Once a local educational agency elects to participate in the program and notifies classified employees pursuant to this subdivision, the local educational agency is prohibited from reversing its decision to participate in the program for the next school year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section. (d) (1) A classified employee who elects to participate in the program shall notify the local educational agency, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that the classified employee wishes to participate in the program for the applicable school year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable school year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable school year. (2) A classified employee is eligible to participate in the program if the classified employee has been employed with the local educational agency for at least one year at the time the classified employee elects to participate in the program. (3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee outside of their regular assignment. (B) For the 2020–21, 2021–22, and 2022–23 school years, for purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible for this program. (4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the local educational agency is more than sixty-two thousand four hundred dollars ($62,400) for an entire school year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the local educational agency, the employing local educational agency shall exclude any pay received by the classified employee during the previous summer recess period. (B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a local educational agency during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph. (e) A local educational agency that elects to participate in the program shall notify the department in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that it has elected to participate in the program. The local educational agency shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable school year. (f) The department shall notify participating local educational agencies in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the department shall notify local educational agencies of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program. (g) Participating local educational agencies shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing local educational agency no later than 30 days after the start of school instruction for the applicable school year. (h) The local educational agency shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (d) in a separate account. (i) (1) A classified employee that separates from employment with a local educational agency during the applicable school year may request from the local educational agency any pay withheld from their paycheck pursuant to this section. (2) A classified employee, due to economic or personal hardship, may request from the local educational agency any pay withheld from their paycheck pursuant to this section. (3) A classified employee who requests any pay withheld by the local educational agency pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section. (j) Participating local educational agencies shall request payment from the department, on or before July 31 following the end of a school year during which the program was operative, on a form developed by the department, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (k) The department may use any unexpended balance of moneys appropriated in any prior fiscal year to the department for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks. (l) The department shall apportion funds to participating local educational agencies within 30 days of receiving a request for payment by the participating local educational agency pursuant to subdivision (j). The apportionment shall be determined for each local educational agency by the department on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (m) If the total amount requested by participating local educational agencies exceeds the amount appropriated for purposes of this section, the department shall prorate the amount apportioned to participating local educational agencies accordingly, based on the amounts requested pursuant to subdivision (j). (n) The participating local educational agency shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the department that is attributable to the amount withheld from that classified employee’s paychecks during the applicable school year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d). (o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System. (p) (1) For the 2019–20 fiscal year, the program shall be funded pursuant to Section 85 of Chapter 51 of the Statutes of 2019. (2) For the 2020–21 fiscal year and each fiscal year thereafter, the operation of this section shall be contingent upon an appropriation in the annual Budget Act or another statute. (q) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or joint powers authority described in subdivision (a) of Section 41023 and formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (2) “Month” means 20 days or four weeks of 5 days each, including legal holidays. (3) “Program” means the Classified School Employee Summer Assistance Program. (4) “Regular assignment” means a classified employee’s employment during the academic school year, excluding the summer recess period. (r) It is the intent of the Legislature that participating employees in this section include all classified employees, as defined in this chapter, including teacher assistants, that meet the specified program requirements. (s) Commencing with the annual Budget Act for the 2023–24 fiscal year, and notwithstanding Section 1.80 of the annual Budget Act, the funds appropriated in Item 6100-220-0001 of the annual Budget Act shall be available for encumbrance during both the fiscal year in which the funds are appropriated and the immediately following fiscal year. (Amended by Stats. 2025, Ch. 744, Sec. 5.5. (SB 147) Effective October 13, 2025. Operative January 1, 2026, pursuant to Sec. 16 of Stats. 2025, Ch. 744.)
  27. 46000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Records [46000- 46000.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Attendance records in all schools and classes must be kept and recorded according to State Board of Education regulations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Records [46000- 46000.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46000. Attendance in all schools and classes shall be recorded and kept according to regulations prescribed by the State Board of Education, subject to the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  28. 46010.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines a pupil’s total days of attendance as school days actually taught, meeting the minimum schooldays requirement, minus the pupil’s absences.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46010. The total days of attendance of a pupil in the schools and classes maintained by a school district, or schools or classes maintained by the county superintendent of schools, during the fiscal year shall be the number of days school was actually taught for not less than the minimum schooldays during the fiscal year less the sum of the pupil’s absences. (Amended by Stats. 2024, Ch. 998, Sec. 12. (AB 176) Effective September 30, 2024.)
  29. 46010.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must give annual notice to certain students and parents/guardians about school absences for confidential medical services, and school authorities may excuse a pupil for that purpose without parental consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46010.1. Commencing in the fall of the 1986–87 academic year, the governing board of each school district shall, each academic year, notify pupils in grades 7 to 12, inclusive, and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian. The notice required pursuant to this section may be included with any other notice given pursuant to this code. (Added by Stats. 1986, Ch. 196, Sec. 1. Effective June 27, 1986.)
  30. 46010.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must separately calculate days of attendance for specified fiscal years and use the correct figure for average daily attendance comparisons.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46010.2. (a) For the purpose of determining “changes in enrollment” pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, as required by subdivision (d) of Section 41204, the total days of attendance by pupils in schools and classes maintained by a school district shall, in the 1997–98 fiscal year, be separately determined both as if subdivision (b) of Section 46010, as it read in the 1997–98 fiscal year, did and did not apply. The days of attendance figure resulting from the application of subdivision (b) of Section 46010 shall be used in calculating average daily attendance for comparison with average daily attendance in the 1996–97 fiscal year. The days of attendance figure determined without applying subdivision (b) of Section 46010 shall be used in calculating average daily attendance for comparison with average daily attendance in the 1998–99 fiscal year. (b) For the purpose of determining “changes in enrollment” for the 2008–09 fiscal year pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, as required by subdivision (d) of Section 41204, the total days of attendance by pupils in schools and classes maintained by a school district, in the 2007–08 fiscal year, shall be separately determined both as if the California School Age Families Education Program (Cal-SAFE), as set forth in Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29, as it read on January 1, 2008, did and did not apply. The days of attendance figure resulting from the application of the Cal-SAFE program shall be used in calculating average daily attendance for comparison with average daily attendance in the 2006–07 fiscal year. The days of attendance figure determined without applying the Cal-SAFE program shall be used in calculating average daily attendance for comparison with average daily attendance in the 2008–09 fiscal year. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 2, Sec. 20. Effective July 28, 2009.)
  31. 46010.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For attendance and state funding calculations, certain pupils in regular day classes are counted as present for the whole schoolday unless they are absent all day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46010.3. Notwithstanding subdivision (a) of Section 46010 or any other provision of law, for purposes of calculating days of attendance in order to compute any apportionment of state funding under this code, a pupil enrolled in a regular day class, including opportunity classes and classes conducted in county community schools, for the minimum day that is applicable to that pupil is deemed to be present for the entire schoolday, unless he or she is absent for the entire schoolday. This section does not apply to any pupil whose attendance is required under this code, or under Title 5 of the California Code of Regulations, to be recorded by clock hours. (Added by Stats. 1993, Ch. 66, Sec. 25. Effective June 30, 1993.)
  32. 46011.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    District or county superintendents must verify absences due to illness or quarantine, following the manner the Superintendent of Public Instruction provides.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46011. Absences due to illness or quarantine shall be verified by the district or the county superintendent of schools in such manner as the Superintendent of Public Instruction may provide. (Enacted by Stats. 1976, Ch. 1010.)
  33. 46012.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A student age 18 or older has, for verification of the student’s own school absences, the same responsibilities and powers that a parent or guardian would have for a minor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46012. For purposes of any procedure for verification of absences from school, a student 18 years of age or over, with respect to his own absences from school, shall have all of the responsibilities and powers which, in the case of a minor, would be charged to the parent, guardian, or other person having charge or control of the minor. (Enacted by Stats. 1976, Ch. 1010.)
  34. 46013.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets a formula for increasing a school district’s revenue limit when student attendance rises and tells how to split that increase.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46013. (a) If there is an increase in actual student attendance of any school maintained by a school district to which Section 46013.7 has been made applicable, then an increase in the revenue limit of a school district shall be calculated as follows: (1) The Superintendent of Public Instruction shall prescribe the manner in which actual student attendance is calculated. (2) Divide the actual student attendance in the 1979–80 fiscal year by total enrollment in the 1979–80 fiscal year. (3) Divide the actual student attendance in the current fiscal year by total enrollment in the current fiscal year. (4) Subtract the quotient calculated pursuant to paragraph (2) from the quotient calculated pursuant to paragraph (3). (5) Divide the difference calculated pursuant to paragraph (4) by 0.02. (6) If the quotient calculated pursuant to paragraph (5) is equal to or greater than one, then divide that quotient by 100. (7) If the quotient calculated pursuant to paragraph (5) is less than one, then the district shall not be affected by the provisions of this section. (8) Multiply the quotient calculated pursuant to paragraph (6) by the revenue limit per unit of average daily attendance in the current fiscal year, and multiply that product by the total enrollment of the school which generated the increased actual student attendance. This is the amount by which revenue limit shall be increased. (b) The revenue limit increase calculated pursuant to subdivision (a) shall be allocated as follows: (1) If the school receives funds pursuant to either Chapter 3.1 (commencing with Section 44670) of Part 25 or Chapter 6 (commencing with Section 52000) of Part 28, then one-half of the increase shall be added to such funds; the other half of the increase shall be added to the general fund of the district. (2) If the school does not receive funds pursuant to either Chapter 3.1 (commencing with Section 44670) of Part 25 or Chapter 6 (commencing with Section 52000) of Part 28, then one-half of the increase shall be used to initiate a program pursuant to Chapter 6 (commencing with Section 52000) of Part 28 at the school; the other half of the increase shall be added to the general fund of the district. If a program is not initiated pursuant to Chapter 6 (commencing with Section 52000) of Part 28 within one year, then those funds shall be deposited in the general fund of the district and the apportionment of funds to the district from Section A of the State School Fund for the then current fiscal year shall be reduced by the same amount. (Added by Stats. 1980, Ch. 1329, Sec. 4.)
  35. 46013.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent of Public Instruction may let 30 schools in 28 school districts keep using Section 46013 attendance procedures for specified school years, and those districts do not have to keep parallel attendance records. No school district can receive a revenue limit increase under Section 46013 after the 1982–83 fiscal year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46013.7. The Superintendent of Public Instruction may authorize 30 schools in 28 school districts to continue to use the attendance accounting and reporting procedures prescribed by Section 46013 for the 1985–86 school year through the 1993–94 school year, and shall not require these districts to keep parallel attendance accounting and reporting procedures as required under existing laws otherwise applicable. Subsequent to the 1982–83 fiscal year, no school district shall be eligible to receive a revenue limit increase pursuant to Section 46013. (Amended by Stats. 1987, Ch. 917, Sec. 29.)
  36. 46014.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Pupils may be excused from school for religious exercises or moral and religious instruction if their parents or guardians give written consent and the district board adopts the required resolution and regulations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46014. Pupils, with the written consent of their parents or guardians, may be excused from school in order to participate in religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination, which shall be in addition and supplementary to the instruction in manners and morals required elsewhere in this code. Such absence shall not be deemed absence in computing average daily attendance, if all of the following conditions are complied with: (a) The governing board of the district of attendance, in its discretion, shall first adopt a resolution permitting pupils to be absent from school for such exercises or instruction. (b) The governing board shall adopt regulations governing the attendance of pupils at such exercises or instruction and the reporting thereof. (c) Each pupil so excused shall attend school at least the minimum school day for his grade for elementary schools, and as provided by the relevant provisions of the rules and regulations of the State Board of Education for secondary schools. (d) No pupil shall be excused from school for such purpose on more than four days per school month. It is hereby declared to be the intent of the Legislature that this section shall be permissive only. (Enacted by Stats. 1976, Ch. 1010.)
  37. 46015.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Pregnant and parenting pupils get leave and school accommodations, and schools generally may not penalize them for using those accommodations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. General Provisions [46000 - 46015] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46015. (a) The Legislature finds and declares that pregnant and parenting pupils are entitled to accommodations that provide them with the opportunity to succeed academically while protecting their health and the health of their children. The Legislature hereby establishes the following accommodations as rights of pregnant and parenting pupils: (1) A pregnant or parenting pupil is entitled to eight weeks of parental leave, which the pupil may take before the birth of the pupil’s infant if there is a medical necessity and after childbirth during the school year in which the birth takes place, inclusive of any mandatory summer instruction, in order to protect the health of the pupil who gives or expects to give birth and the infant, and to allow the pregnant or parenting pupil to care for and bond with the infant. It is the intent of the Legislature that the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, notify the school of the pupil’s intent to exercise this right. Failure to notify the school shall not abridge the rights established by this paragraph or any other right established by this subdivision. (2) A pregnant or parenting pupil who does not wish to take all or part of the parental leave to which they are entitled pursuant to paragraph (1) shall not be required to do so. (3) A pregnant or parenting pupil is entitled to receive more than eight weeks of parental leave pursuant to paragraph (1) if deemed medically necessary by the pupil’s physician. (4) When a pupil takes parental leave pursuant to paragraph (1), the supervisor of attendance shall ensure that absences from the pupil’s regular school program are excused until the pupil is able to return to the regular school program or an alternative education program. (5) During parental leave taken pursuant to paragraph (1), a local educational agency shall not require a pregnant or parenting pupil to complete academic work or other school requirements. (6) A pregnant or parenting pupil may return to the school and the course of study in which he or she was enrolled before taking parental leave pursuant to paragraph (1). (7) Upon return to school after taking parental leave pursuant to paragraph (1), a pregnant or parenting pupil is entitled to opportunities to make up work missed during his or her leave, including, but not limited to, makeup work plans and reenrollment in courses. (8) Notwithstanding any other law, a pregnant or parenting pupil may remain enrolled for a fifth year of instruction in the school in which the pupil was previously enrolled when it is necessary in order for the pupil to be able to complete state and any local graduation requirements, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (9) A pupil who chooses not to return to the school in which he or she was enrolled before taking parental leave pursuant to paragraph (1) is entitled to alternative education options offered by the local educational agency. (10) In accordance with subdivision (d) of Section 221.51, a pregnant or parenting pupil who participates in an alternative education program shall be given educational programs, activities, and courses equal to those he or she would have been in if participating in the regular education program. (11) A pupil shall not incur an academic penalty as a result of his or her use of the accommodations specified in this subdivision. (b) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A local educational agency shall respond to a complaint filed pursuant to paragraph (1) in accordance with Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (3) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (4) If a local educational agency finds merit in a complaint, or if the department finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (c) For purposes of this section, the following definitions apply, unless the context requires otherwise: (1) “Local educational agency” means a school district, a county office of education, a school operated by a school district or a county office of education, a charter school, the California Schools for the Deaf, or the California School for the Blind. (2) “Pregnant or parenting pupil” means a pupil who gives or expects to give birth or a parenting pupil who has not given birth and who identifies as the parent of the infant. (3) “Pupil” means a pupil enrolled in a local educational agency. (Added by Stats. 2018, Ch. 942, Sec. 4. (AB 2289) Effective January 1, 2019.)
  38. 46100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [46100- 46100.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each school district’s governing board must set the length of the school day for the district’s grades and classes, subject to this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [46100- 46100.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46100. The governing board of each school district shall, subject to the provisions of this chapter, fix the length of the schoolday for the several grades and classes of the schools maintained by the district. (Enacted by Stats. 1976, Ch. 1010.)
  39. 46110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A kindergarten or elementary school pupil may be credited with no more than one day of attendance per calendar day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46110. No pupil in a kindergarten or in any grade of an elementary school shall be credited with more than one day of attendance in any calendar day and nothing in this article shall be construed to the contrary. (Enacted by Stats. 1976, Ch. 1010.)
  40. 46111.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Kindergarten pupils generally may not be kept in school more than four hours a day excluding recesses, with specific program and district exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46111. (a) (1) A pupil in a kindergarten shall not be kept in school in any day more than four hours excluding recesses except for pupils in Early Primary Programs, as set forth in Chapter 8 (commencing with Section 8970) of Part 6 of Division 1 of Title 1, kindergarten pupils in expanded learning opportunity programs intended to supplement instructional time provided by a school district pursuant to Section 46120, and pupils participating in an attendance recovery program pursuant to Article 9 (commencing with Section 46210). (2) A pupil in a kindergarten in a school operating on a program of multitrack year-round scheduling pursuant to subdivision (a) of Section 37670 may be kept in school on any day for 265 minutes of instruction, excluding recesses. (b) This section shall not apply to the Pasadena Unified School District or counties of the third class as determined pursuant to Section 28024 of the Government Code, as it read on January 1, 1977. (c) This section shall not apply to the San Bernardino Unified School District with regard to any pupil of that district who is determined by the principal of the school in which that pupil is enrolled, pursuant to testing, teacher recommendation, or both, to be developmentally and academically suited for the longer instructional day. (Amended by Stats. 2024, Ch. 38, Sec. 43. (SB 153) Effective June 29, 2024.)
  41. 46112.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Grades 1 to 3 in elementary schools have a minimum schoolday of 230 minutes, unless the shorter double-session exception applies, in which case the minimum is 200 minutes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46112. The minimum schoolday in grades 1, 2, and 3 in elementary schools, except in opportunity schools, classes, or programs, is 230 minutes, except where the governing board of a school district has prescribed a shorter length for the schoolday because of lack of school facilities which requires double sessions, in which case the minimum schoolday in such grades shall be 200 minutes. (Enacted by Stats. 1976, Ch. 1010.)
  42. 46113.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The minimum schoolday for grades 4 through 8 in elementary schools, and for special day and evening classes in an elementary school district, is 240 minutes, except for opportunity schools, classes, or programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46113. The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools and in special day and evening classes of an elementary school district, except in opportunity schools, classes, or programs, is 240 minutes. (Enacted by Stats. 1976, Ch. 1010.)
  43. 46114.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section allows minimum schoolday compliance to be calculated by averaging attendance over 10 consecutive schooldays for certain grades and kindergarten.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46114. (a) The minimum schoolday in grades 1, 2, and 3 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 230 or more, the pupils shall be deemed to have complied with Section 46112, even if the number of minutes attended in any one schoolday is less than 230, but not less than 170. (b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46113, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180. (c) The minimum schoolday in kindergarten in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 180 or more, pupils shall be deemed to have complied with Section 46117, even if the number of minutes attended in any one schoolday is less than 180, but not less than 60. No computation authorized by this section shall result in any increase in state apportionments. (Amended by Stats. 1988, Ch. 194, Sec. 1. Effective June 16, 1988.)
  44. 46115.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The minimum schoolday for kindergartens and grades 1 to 8 in elementary schools excludes noon intermissions and, except in kindergartens, recesses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46115. The minimum schoolday in kindergartens and in grades 1 to 8, inclusive, in elementary schools, is exclusive of noon intermissions and, except in kindergartens, exclusive of recesses. (Enacted by Stats. 1976, Ch. 1010.)
  45. 46117.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Kindergarten schooldays must be 180 minutes, including recesses, or the attendance will not count for average daily attendance credit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46117. The minimum schoolday for pupils in kindergartens is 180 minutes inclusive of recesses, and no units of average daily attendance shall be credited for attendance in kindergarten classes if the minimum schoolday of such classes is less than 180 minutes. (Enacted by Stats. 1976, Ch. 1010.)
  46. 46118.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A single-session kindergarten class must satisfy four conditions, including a 180-minute minimum schoolday and teacher assignment/availability requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46118. A single-session kindergarten class shall meet all of the following criteria: (a) The class is maintained for a minimum of 180 minutes per schoolday. (b) The kindergarten class teacher is assigned to only one session of kindergarten daily as a principal teacher. (c) The kindergarten teacher is a full-time certificated employee. (d) The kindergarten teacher shall be available for assistance or assignment in the instructional program of the primary grades when not involved in the kindergarten program. (Amended by Stats. 1981, Ch. 1093, Sec. 14.5.)
  47. 46119.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying school district board may ask the Superintendent of Public Instruction for approval to run two same-day kindergarten classes under the stated conditions, and the attendance for those classes must be adjusted by a 0.500 factor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46119. The governing board of a school district which has fewer than 40 pupils enrolled in kindergarten classes may make application to the Superintendent of Public Instruction requesting approval to maintain two kindergarten classes of 150 minutes each inclusive of recesses on the same day which are taught by the same teacher. The average daily attendance for such classes shall be adjusted by a multiplication factor of 0.500. (Enacted by Stats. 1976, Ch. 1010.)
  48. 46120.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Local educational agencies must offer and fund expanded learning opportunity programs for specified pupils, and noncompliance can reduce funding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 46120. (a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities. (2) The Expanded Learning Opportunities Program is hereby established. (b) (1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements. (2) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraphs (B) and (C) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program. (3) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (D) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program. (4) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to paragraph (1) of subdivision (d), expanded learning opportunity programs shall include all of the following: (A) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 180-instructional-day offering as described in Section 46208 for school districts and the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations for charter schools, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day. (B) (i) For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day. (ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day. (C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no fewer than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no fewer than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays. (5) Local educational agencies operating expanded learning opportunity programs pursuant to this section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following: (A) The department’s guidance. (B) Section 8482.6. (C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3. (D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1. (6) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area. (7) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity programs provided pursuant to this section. (8) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6. (9) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas. (10) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs. (11) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours. (12) For a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions listed in Section 41422 or subdivision (d) of Section 8482.8, and is not able to meet all of the requirements pursuant to paragraph (1), which is in fact shown by a resolution adopted by the governing board or body of the local educational agency, in addition to documentation substantiating the need for closure, the local educational agency shall not be subject to the penalty required pursuant to paragraphs (1) to (3), inclusive, of subdivision (c) as a result of the emergency. (13) (A) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations. (B) Notwithstanding any other law, an expanded learning opportunity program operating pursuant to this section may operate without obtaining a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph. (C) Notwithstanding subparagraph (B), an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code, as of June 1, 2023, shall maintain that license or permit capacity as a requirement of contracting pursuant to this section until June 30, 2025. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph. (D) Nothing in this section exempts an expanded learning opportunity program operating pursuant to this section from complying with the child daycare facility license requirements set forth in Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code when serving children who do not participate in the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1), 21st Century Community Learning Centers (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1), or the Expanded Learning Opportunities Program pursuant to this section. If multiple funding sources are used to serve pupils in an expanded learning opportunity program, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements. (c) (1) (A) Commencing with the 2023–24 fiscal year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b). (B) Notwithstanding subparagraph (A), commencing with the 2025–26 fiscal year, a local educational agency that received funding pursuant to subparagraph (D) of paragraph (1) of subdivision (d) in the prior applicable fiscal year, and receives funding pursuant to subparagraph (C) of paragraph (1) of subdivision (d) in the current applicable fiscal year, shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with paragraph (3) of subdivision (b) for that current applicable fiscal year only and, for each fiscal year thereafter, shall be subject to an audit to determine compliance with paragraph (2) of subdivision (b). (2) Commencing with the 2023–24 fiscal year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (2) or (3) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph. (3) (A) Commencing with the 2023–24 fiscal year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements. (B) Commencing with the 2023–24 fiscal year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements. (d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (h), if applicable, in the following manner: (A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (B) For the 2022–23 to 2024–25 fiscal years, inclusive, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (C) Commencing with the 2025–26 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 55 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (D) For all other local educational agencies not receiving an allocation under subparagraph (A), (B), or (C), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (h), if applicable, after the amount allocated pursuant to subparagraph (A), (B), or (C), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. The per-unit rate pursuant to this subparagraph shall not exceed the per-unit rate pursuant to subparagraph (C). (E) For purposes of allocating funding pursuant to subparagraphs (C) and (D) for the 2025–26 fiscal year only, the Superintendent shall calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades 1 to 6, inclusive, and the second period reported kindergarten and grades 1 to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to the following local educational agencies: (i) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District. (ii) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District. (iii) Alma Fuerte Public in the City of Pasadena. (iv) The Los Angeles Unified School District and the Pasadena Unified School District. (2) (A) For the 2021–22 fiscal year to the 2024–25 fiscal year, inclusive, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000). (B) Commencing with the 2025–26 fiscal year, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than one hundred thousand dollars ($100,000). (3) (A) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities. (B) Funds provided to a local educational agency pursuant to paragraph (1) may also be used to support attendance recovery pursuant to Article 9 (commencing with Section 46210) when attendance recovery is operated by a local educational agency in conjunction with, and on the same schoolsite as, its expanded learning opportunities program. A local educational agency that elects to use expanded learning opportunity program funds to support attendance recovery shall comply with the supervision requirements described in subdivision (f) of Section 46211. (4) A local educational agency receiving funding pursuant to subparagraph (B) or (C) of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (B) or (C) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph. (5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure. (6) (A) For the 2021–22 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2022–23 and 2023–24 fiscal years. Any encumbered funds pursuant to this paragraph that are not expended by the school district or charter school by September 30, 2024, shall be returned to the state. (B) On or before October 31, 2024, each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (D) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the 2021–22 and 2022–23 fiscal years pursuant to subparagraphs (A), (B), and (D) of paragraph (1). (C) (i) For the 2024–25 fiscal year, funds returned pursuant to subparagraph (A) shall be added to the amount of funds remaining from the appropriations in the calculation of the rate pursuant to subparagraph (D) of paragraph (1), and be expended consistent with paragraphs (9) and (10), up to the amount sufficient to provide the amount of two thousand dollars ($2,000) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (ii) If there is insufficient funding to provide the full amount described in clause (i), the Superintendent may prorate that amount per unit. (7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows: (i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts. (ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district. (B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows: (i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts. (ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district. (iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district. (iv) For purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district. (8) (A) Beginning with the 2022–23 fiscal year, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds. (B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs. (9) (A) Commencing with the 2023–24 fiscal year, any funds allocated pursuant to subparagraphs (B), (C), and (D) of paragraph (1) shall be expended by June 30 of the fiscal year following the fiscal year in which the appropriation is made. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state. On or before September 30 of the second fiscal year following the fiscal year in which the appropriation is made, each local educational agency receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the fiscal year pursuant to subparagraph (B), (C), or (D) of paragraph (1). (B) If a charter school receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) ceases to operate, a final expenditure report, using a template developed by the department, shall be due to the department within 60 days of the effective date of closure. The department shall collect any unspent amounts from funds allocated to the charter school in that fiscal year and the immediately preceding fiscal year. (10) (A) Commencing with the 2025–26 fiscal year and annually thereafter, local educational agencies shall annually declare their operational intent to the department to run an expanded learning opportunity program pursuant to this section in accordance with instructions and forms prescribed and furnished by the Superintendent. (B) To the extent possible, any funds made available by a local educational agency’s decision not to operate an expanded learning opportunity program may be reallocated pursuant to subparagraph (D) of paragraph (1). (e) Commencing with the 2023–24 school year, the Superintendent, in consultation with the State Department of Social Services, shall establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency’s school campus pursuant to this section, and California state preschool program providers pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, to annually submit program access information to the department, which shall distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to the local educational agency’s applicable resource and referral agency. Information required to be submitted under this subdivision shall include, but not be limited to, all of the following: (1) The name, address, and telephone number of each third party. (2) The number of pupils being served by each third party, as well as the grade levels of those pupils. (3) The State Department of Social Services child daycare facility license number of each third party, if applicable. (4) A single point of contact for each local educational agency regarding expanded learning opportunity programs. (f) By February 1, 2024, the Superintendent, in consultation with the State Department of Social Services, shall submit a report to the relevant fiscal and policy committees of the Legislature that includes all of the following: (1) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year, and how many pupils are provided access to these programs. (2) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during nonschooldays, and how many pupils are provided access to these programs. (3) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site in the 2023–24 and 2024–25 fiscal years who are also licensed by the State Department of Social Services for purposes of community care licensing, the type of programs that are licensed by the State Department of Social Services for purposes of community care licensing, and how many pupils are provided access to their programs. (4) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during the fiscal year, how many contractors they work with, and the number of pupils provided access to these programs, by grade. (5) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during nonschooldays, how many contractors they work with, and the number of pupils provided access to these programs, by grade. (g) For purposes of this section, the following definitions apply: (1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities. (2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of fewer than 11 persons per square mile. (3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to Section 47605.5. (4) “Nonschooldays” means days not identified pursuant to subparagraph (A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in Section 37223. (5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels, including, but not limited to, publishing program availability information in local educational agency pupil enrollment forms, on the local educational agency internet website, and posted publicly at each program site in a location accessible to the public. (6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program. If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency. (7) “Unduplicated pupil” has the same meaning as in Section 42238.02. (h) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (h) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2025, Ch. 744, Sec. 6. (SB 147) Effective October 13, 2025.)
  49. 46140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A high school pupil generally cannot be credited with more than one day of attendance in a single calendar day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46140. No pupil in a high school, other than a pupil enrolled in a regional occupational center or program, evening high school, continuation high school, or continuation education class, shall be credited with more than one day of attendance in any calendar day and nothing in this article shall be construed to the contrary. (Amended by Stats. 1977, Ch. 1230.)
  50. 46140.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The section says the cited vocational-education term applies only to pupils in regional occupational programs and centers, and it bars use of appropriated funds for other attendance claims under former Section 46140, except for two named settlement-agreement appropriations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46140.1. It is the intent of the Legislature that the term “pupil in a vocational education program occupationally organized and conducted under federal approval,” as used in Section 46140 as it read prior to the enactment of Chapter 1230 of the Statutes of 1977, applies only to pupils in regional occupational programs and centers. Notwithstanding any provision of law to the contrary, no funds appropriated by any act enacted prior to or after the enactment of this section, shall be deemed appropriated or available for expenditure for purposes of claims for attendance of pupils in vocational education programs occupationally organized and conducted under federal approval, other than for attendance of pupils in regional occupational centers or programs, arising from Section 46140 as it read prior to the enactment of Chapter 1230 of the Statutes of 1977, except for appropriations to fund the Settlement Agreement entered into on March 4, 1983, by and between the Fullerton Union High School District and the State Department of Education of the State of California, the Superintendent of Public Instruction of the State of California, and the Local Assistance Bureau in connection with that action otherwise known as Fullerton Union High School District, et al. v. Wilson Riles, Superintendent of Public Instruction, et al., Orange County Superior Court No. 33-46-93; and the Settlement Agreement entered into on March 4, 1983, by and between Rowland Unified School District and the State Department of Education of the State of California, the Superintendent of Public Instruction of the State of California, and the Local Assistance Bureau in connection with that action otherwise known as Rowland Unified School District, et al., v. Wilson Riles, Superintendent of Public Instruction, et al., Los Angeles Superior Court No. C 323905. (Added by Stats. 1984, Ch. 268, Sec. 12. Effective June 30, 1984.)
  51. 46140.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Some school districts may ask the county superintendent to increase the district’s base revenue limit, and the superintendent must make the adjustment after verifying the amounts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46140.5. Any school district which was credited with attendance of pupils pursuant to Section 46140 under a vocational education program occupationally organized and conducted under federal approval in 1976–77, other than a regional occupational program or regional occupational center, may request the county superintendent of schools to increase the district base revenue limit for fiscal year 1977–78 and fiscal years thereafter by the amount of revenue received on account of such vocational education attendance in 1976–77. The county superintendent, upon verification of such amounts, shall adjust the district’s base revenue limit. As a clarification of the intent of the law, a district, which had not submitted attendance documents of pupils pursuant to Section 46140 under a vocational education program occupationally organized and conducted under federal approval in 1976–77, other than a regional occupational program or regional occupational center, at the time the attendance reports were originally due, shall not have the right at a later date to submit amended attendance documents to have credited this attendance. (Amended by Stats. 1979, Ch. 1101.)
  52. 46141.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A high school minimum schoolday is 240 minutes, with listed exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46141. The minimum schoolday in a high school is 240 minutes, except in an evening high school, an early college high school, a middle college high school, a regional occupational center, an opportunity school and in opportunity classes, a continuation high school, in continuation education classes, in late afternoon or Saturday occupationally organized vocational training programs conducted under a federally approved plan for vocational education, and for students enrolled in a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28. (Amended by Stats. 2012, Ch. 67, Sec. 2. (SB 1316) Effective January 1, 2013.)
  53. 46142.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section lets certain junior high and high schools average attendance minutes over two consecutive schooldays to meet the minimum schoolday rule.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46142. (a) The minimum schoolday in any junior high school or high school described in Section 46141 may be computed by determining the number of minutes of attendance in any two consecutive schooldays and dividing that number by two. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46141, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180. (b) No computation authorized by this section shall result in any increase in state apportionments. (Amended by Stats. 1994, Ch. 922, Sec. 101. Effective January 1, 1995.)
  54. 46144.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets the minimum day for certain special day, Saturday vocational training, and approved work experience programs at at least 180 minutes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46144. The minimum day in a special day or a Saturday vocational training program and for a pupil enrolled in a work experience education program approved under Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, except for a pupil enrolled in a continuation school or class pursuant to Section 48402, is four periods totaling at least 180 minutes in duration, except that for a pupil in an approved work experience program who attends a school, other than a continuation school or class, in which the regularly scheduled period is greater than 60 minutes in length, the minimum day is one or more periods totaling at least 180 minutes in duration. (Amended by Stats. 2003, Ch. 72, Sec. 1. Effective January 1, 2004.)
  55. 46144.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For certain pupils in secondary classes and qualifying joint powers agreement classes, the minimum schoolday is 180 minutes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46144.5. (a) Notwithstanding any other law, commencing with the 2008–09 fiscal year, the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement that became effective before January 1, 2008, is 180 minutes. These regular secondary school classes constitute regular school classes for purposes of Section 46010.3. (b) For a pupil described in subdivision (a), the average daily attendance shall be included as school district average daily attendance computed pursuant to Section 42238.05. (c) For purposes of computing attendance pursuant to Section 46300 or any other law, immediate supervision and control of pupils while attending classes pursuant to a joint powers agreement described in subdivision (a) is deemed satisfied regardless of the school district employing the certificated employee providing the supervision and control, provided the school district is a party to the joint powers agreement. (Added by renumbering Section 42238.20 by Stats. 2017, Ch. 47, Sec. 1. (AB 760) Effective July 10, 2017.)
  56. 46145.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Grade 12 pupils must enroll in at least five courses each semester, or the equivalent each quarter, starting with the first term after January 1, 1984.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46145. Commencing with the first semester or quarter that begins after January 1, 1984, pupils in grade 12 shall be enrolled in at least five courses each semester or the equivalent number of courses per quarter. If any pupil in grade 12 is required by medical prescription to attend school for less than five courses during the semester or the equivalent number of courses during the quarter, the average daily attendance allowed for that pupil’s attendance shall bear the same proportion to one day of attendance as the number of courses in which the pupil is enrolled bears to five or the equivalent number for the quarter system. However, this requirement shall not apply to pupils enrolled in regional occupational programs, regional occupational centers, courses at accredited postsecondary educational institutions, independent study, special education programs where the pupil’s individualized education program establishes a different number of courses, continuation education classes, work experience education programs approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, or any other course of study authorized by the governing board which is equivalent to the approved high school course of study. (Amended by Stats. 1985, Ch. 1597, Sec. 10.)
  57. 46146.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    For certain part-time high school and community college pupils, a school day counts as 180 minutes of attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46146. (a) A day of attendance in grades 11 and 12 is 180 minutes of attendance if the pupil is also enrolled part time in classes of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (b) A day of attendance for any pupil who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27 and who will receive academic credit upon satisfactory completion of enrolled courses is 180 minutes of attendance. (c) Notwithstanding any other provisions of law, for purposes of computing the average daily attendance of a pupil described in subdivision (a) or (b), the 180-minute minimum schoolday permitted by this section shall be computed and reported as attendance for three-quarters of the full 240-minute minimum schoolday prescribed by Section 46141. Commencing with the 1995–96 fiscal year, if a pupil described in subdivision (a) or (b) is in attendance for more than 180 minutes, the average daily attendance of the pupil shall be computed and reported by determining the percentage of the full 240-minute minimum schoolday prescribed by Section 46141 that the pupil was in attendance at the school. No more than one full day of attendance may be reported for any pupil for any schoolday pursuant to this subdivision. (Amended by Stats. 1996, Ch. 298, Sec. 1. Effective July 25, 1996.)
  58. 46146.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets attendance minutes for certain early college and middle college high school pupils and requires some charter schools to keep most instruction at the schoolsite and enforce minimum attendance times.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46146.5. (a) A day of attendance for a pupil enrolled in grade 11 or 12 at an early college high school or middle college high school is 180 minutes of attendance if the pupil is also enrolled part time in courses of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (b) A day of attendance for a pupil enrolled in an early college high school or middle college high school, who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27, and who will receive academic credit upon satisfactory completion of enrolled courses, is 180 minutes of attendance. (c) A day of attendance for a pupil enrolled in an early college high school or middle college high school who does not satisfy subdivision (a) or (b) is 240 minutes of attendance. (d) For a charter school that is an early college high school or middle college high school, for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of a pupil enrolled in grade 11 or 12 for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5 if the pupil is also enrolled part time in courses of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (e) For a charter school that is an early college high school or middle college high school, for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5 if the pupil is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27, and who will receive academic credit upon satisfactory completion of enrolled courses. (f) For a pupil enrolled in a charter school that is an early college high school or middle college high school and who does not satisfy the attendance and enrollment requirements of subdivision (d) or (e), for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of the pupil for a minimum of 67 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5. (g) For purposes of this section, middle college high school is described in Section 11300 and early college high school is described in Section 11302. (h) The requirements of this section shall be subject to annual audits, which shall be conducted pursuant to Section 41020. (Amended by Stats. 2013, Ch. 372, Sec. 3. (SB 379) Effective January 1, 2014.)
  59. 46147.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may let certain 12th-grade pupils attend high school for less than 180 minutes per day if the listed conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46147. Notwithstanding the 180-minute minimum day requirement of Section 46144, the governing board of any school district may permit a 12th-grade pupil in his or her last semester or quarter, as the case may be, before graduation, who is enrolled in a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and who would complete all of the requirements for graduation by attending high school, except courses of physical education, for less than 180 minutes each day, to attend high school for less than a minimum day of 180 minutes, upon the written request of a parent or legal guardian or upon his or her own request if the pupil is 18 years of age or over. If a pupil attends classes for less than 180 minutes per day pursuant to this section, the number of minutes actually attended per day shall be rounded down to the nearest multiple of 60. The average daily attendance allowed for that pupil’s attendance shall bear the same proportion to one day of attendance as the number of minutes of attendance per day bears to 180. (Amended by Stats. 1983, Ch. 498, Sec. 79. Effective July 28, 1983.)
  60. 46148.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    High schools and middle schools must start the schoolday no earlier than 8:30 a.m. and 8:00 a.m., respectively, subject to a rural school district exception.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Junior High School and High School [46140 - 46148] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 46148. (a) (1) The schoolday for high schools, including high schools operated as charter schools, shall begin no earlier than 8:30 a.m. (2) The schoolday for middle schools, including middle schools operated as charter schools, shall begin no earlier than 8:00 a.m. (b) For purposes of this section, “schoolday” has the same meaning as defined by the school district or charter school for purposes of calculating average daily attendance in order to compute any apportionments of state funding. This section does not prohibit a school district or charter school from offering classes or activities to a limited number of pupils before the start of the schoolday that do not generate average daily attendance for purposes of computing any apportionments of state funding. (c) This section shall be implemented by middle schools and high schools no later than July 1, 2022, or the date on which a school district’s or charter school’s respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later. (d) This section shall not apply to rural school districts. (e) The department is encouraged to post on its internet website available research on the impact of sleep deprivation on adolescents and the benefits of a later school start time and examples of successful strategies for managing the change to a later school start time, and to advise school districts and charter schools of this posting. (f) The Legislature encourages school districts, charter schools, and community organizations to inform their communities, including parents, teenagers, educators, athletic coaches, and other stakeholders, about the health, safety, and academic impact of sleep deprivation on middle and high school pupils and the benefits of a later school start time, and to discuss local strategies to successfully implement the later school start time. (Added by Stats. 2019, Ch. 868, Sec. 1. (SB 328) Effective January 1, 2020.)
  61. 46150.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. State High School Attendance Awards [46150- 46150.] ( Article 3.5 added by Stats. 1984, Ch. 36, Sec. 1. )

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    The Legislature states that efforts by high school faculty, staff, and students to improve attendance should be recognized, preferably through a state high school attendance awards program if feasible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. State High School Attendance Awards [46150- 46150.] ( Article 3.5 added by Stats. 1984, Ch. 36, Sec. 1. ) ## 46150. It is the intent of the Legislature that efforts by high school faculty, staff, and students to improve student attendance at their schools be recognized. It is also the intent of the Legislature that this recognition shall be provided through a state high school attendance awards program, if feasible. (Added by Stats. 1984, Ch. 36, Sec. 1.)
  62. 46160.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district boards may use alternative class schedules if the required instructional minutes are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 46160. (a) (1) Notwithstanding any other law, the governing board of a school district that maintains a junior high school or high school may schedule classes in these schools so that each pupil attends classes for at least 1,200 minutes during any five-schoolday period or 2,400 minutes during any 10-schoolday period. (2) Notwithstanding any other law, the governing board of a school district that maintains an early college high school or middle college high school may schedule classes in these schools so that each pupil who satisfies subdivision (a) or (b) of Section 46146.5 attends classes for at least 900 minutes during any five-schoolday period or 1,800 minutes during any 10-schoolday period. (b) Under a schedule pursuant to subdivision (a), any pupil may be authorized to attend school for less than the total number of days in which the school is in session as long as the pupil attends the required number of minutes per five-schoolday period or per 10-schoolday period to accommodate career technical education and regional occupational center and program courses and block or other alternative school class schedules. (c) Computations authorized by this section shall not result in an increase in state apportionments to a school district. (Amended by Stats. 2017, Ch. 15, Sec. 27. (AB 99) Effective June 27, 2017.)
  63. 46161.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A pupil who attends classes under a schedule adopted for this chapter is treated as having complied with school-attendance requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 46161. If a pupil attends classes pursuant to a schedule adopted under the authority of this chapter, he shall be deemed to have complied with all of the requirements of this code relating to school attendance. (Enacted by Stats. 1976, Ch. 1010.)
  64. 46162.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Before implementing a program under this chapter in a district school, the school district governing board must consult in good faith with affected employees, parents, and the community, and include at least one public hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 46162. Prior to implementing a program under the provisions of this chapter in any school of the district, the school district governing board shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected. (Enacted by Stats. 1976, Ch. 1010.)
  65. 46170.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Minimum Day—Continuation Schools [46170- 46170.] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    Continuation schools may count attendance at 180 minutes per day, with a weekly cap of 15 hours, and districts that run youth workforce development programs must track pupil attendance and participation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Minimum Day—Continuation Schools [46170- 46170.] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 46170. (a) In continuation high schools and continuation education classes, a day of attendance is 180 minutes of attendance, but no pupil shall be credited with more than 15 hours of attendance per school week, proportionately reduced for those school weeks having weekday holidays on which classes are not held. (b) Notwithstanding subdivision (a) and any other law, the governing board of a school district that maintains a continuation high school or continuation education classes may offer youth workforce development programs to pupils on one or two weekdays per school week if it ensures that they are otherwise enrolled in at least 15 hours of class attendance per school week. (c) A school district that implements a youth workforce development program for purposes of this section shall establish procedures to track pupil attendance and pupil participation while engaging in a youth workforce development program. (d) (1) For purposes of this section, “youth workforce development program” means a program implemented by a continuation high school or school offering continuation education classes, under the supervision of a certificated employee, which enables pupils to earn either academic credit or an industry certificate while engaging in workplace experiences, or workforce development training, with the goal of providing the pupils with the skills and experience necessary to obtain employment at a livable wage following graduation. A youth workforce development program shall be aligned to pupil skills and in-demand careers and provide pupils with technical training and soft skills. A youth workforce development program shall be offered in partnership with a community college district, adult education program, regional occupational program or center, workforce development program accredited by the Western Association of Schools and Colleges, or an organization that offers industry-recognized certifications. School districts are encouraged to give priority to programs that lead to an industry-recognized certificate or credential. (2) For purposes of paragraph (1), “supervision” means pupil participation in paid or unpaid on-the-job experiences wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. (Amended by Stats. 2025, Ch. 696, Sec. 1. (AB 542) Effective January 1, 2026.)
  66. 46180.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Opportunity Schools [46180- 46180.] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets the minimum day for an opportunity school or opportunity class at 180 minutes and limits opportunity program enrollment to no more than 179 minutes per day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Opportunity Schools [46180- 46180.] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 46180. The minimum day in an opportunity school or opportunity class is 180 minutes. A pupil may be enrolled in an opportunity program for not less than a class period of the school, nor more than 179 minutes per day. Attendance for a pupil enrolled in an opportunity program shall be credited to the regular class attendance. A pupil who is enrolled in both an opportunity program and a regular school, shall attend school for a period of time not less than the minimum schoolday required for the grade level in which he is enrolled. (Enacted by Stats. 1976, Ch. 1010.)
  67. 46191.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Adult School [46191- 46191.] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Adult classes in county jails and other correctional facilities count as 180 minutes per day, with caps on attendance credit unless a reimbursement-based exception applies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Adult School [46191- 46191.] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 46191. (a) In classes for adults maintained for adults in any county jail, or any correctional facility, including any county industrial farm or county or joint county road camp, a day of attendance is 180 minutes of attendance; but no pupil in such a class shall be credited with more than one day of attendance in any calendar day, nor with more than 15 clock hours of attendance during any one school week. (b) Notwithstanding subdivision (a), a pupil in that class may be credited with more than one day of attendance in any calendar day, and more than 15 clock hours of attendance during any one school week, so long as the total number of units of average daily attendance calculated on that basis for the school district or county superintendent of schools do not exceed the number of units of average daily attendance actually reimbursed for the 1992–93 fiscal year for the school district or county superintendent of schools, as adjusted for any statutorily authorized rates of growth of units of average daily attendance. However, pursuant to subdivision (e) of Section 46300, no pupil in independent study, in a setting described in subdivision (a), shall be credited with more than one day of attendance in a calendar day. (c) One adult in a correctional facility may not generate more than one day of attendance if it results in another adult in the same correctional facility being denied classes. (Amended by Stats. 1993, Ch. 670, Sec. 8. Effective January 1, 1994.)
  68. 46200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    The Superintendent must withhold part of a school district’s funding if the district provides fewer than the required instructional days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46200. For a school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that offers less than 180 days of instruction or, in multitrack year-round schools, fewer than the number of days required in subdivision (a) of this section, as it read on January 1, 2013, in the 2013–14 fiscal year, or any fiscal year thereafter, the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level the sum of 0.0056 multiplied by that apportionment for each day less than what was required in subdivision (a) of this section, as it read on January 1, 2013, up to a maximum of five days. (Amended by Stats. 2013, Ch. 357, Sec. 29. (SB 97) Effective September 26, 2013.)
  69. 46200.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    If a county office of education runs special day classes and offers too few instructional days, the Superintendent must withhold part of its local control funding formula entitlement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46200.5. (a) For a county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that offers fewer than 180 days of instruction, or, in multitrack year-round schools, fewer than the 163 days of instruction, the Superintendent shall withhold from the county superintendent of schools’ local control funding formula entitlement computed pursuant to either subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined pursuant to subdivision (g) of Section 2575, the amount computed pursuant to subdivision (b). (b) The withholding shall be equal the product of 0.0056 multiplied by the amount calculated for the affected pupil’s school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance of each affected grade level for each day less than what is required to avoid a reduction pursuant to this section, up to a maximum of five days. (c) This section does not apply to special day classes operated in county community schools established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1 or juvenile court schools established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (Amended by Stats. 2020, Ch. 24, Sec. 40. (SB 98) Effective June 29, 2020.)
  70. 46201.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    If a qualifying school district provides less instructional time than the minimum required minutes, the Superintendent must withhold part of its funding apportionment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46201. (a) For each school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (b), the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the school district failed to offer. (b) Commencing with the 2013–14 fiscal year: (1) Thirty-six thousand minutes in kindergarten. (2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive. (3) Fifty-four thousand minutes in grades 4 to 8, inclusive. (4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive. (Amended by Stats. 2013, Ch. 357, Sec. 30. (SB 97) Effective September 26, 2013.)
  71. 46201.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    County offices of education that run special day classes must offer minimum instructional time, and the Superintendent must withhold funding if they offer less than the required minimum.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46201.5. (a) For a county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (b), the Superintendent shall withhold from the county superintendent of schools’ county local control funding formula entitlement computed pursuant to either subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined pursuant to subdivision (g) of Section 2575, the amount computed pursuant to subdivision (c). (b) Commencing with the 2013–14 fiscal year, a county office of education shall, at a minimum, offer the following amount of instructional time: (1) Thirty-six thousand minutes in kindergarten. (2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive. (3) Fifty-four thousand minutes in grades 4 to 8, inclusive. (4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive. (c) The withholding shall be equal to the amount calculated for the affected pupil’s school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance of each affected grade level multiplied by the percentage of the minimum required minutes at that grade level that the county office of education failed to offer. (d) This section does not apply to special day classes operated in county community schools established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1 or juvenile court schools established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (Amended by Stats. 2020, Ch. 24, Sec. 41. (SB 98) Effective June 29, 2020.)
  72. 46201.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    A school district that did not join these incentive funding programs may start participating and receiving funding in fiscal year 1998–99 or 1999–2000 if it meets the stated Section 46201 requirement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46201.6. Any school district that elected not to participate in either or both of the longer-day and longer-year incentive funding programs set forth in this article may commence participation in, and begin receiving funding for, either or both of those programs in the 1998–99 or 1999–2000 fiscal years, on the same basis as if it had participated in the program or programs since July 1, 1984, if the district meets the requirement of paragraph (3) of subdivision (a) of Section 46201 in the fiscal year in which it commences participation and each fiscal year thereafter. (Added by Stats. 1998, Ch. 330, Sec. 10. Effective August 21, 1998.)
  73. 46202.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    If a school district does not join the specified program and offers less instructional time than required by the 1982–83 baseline, the Superintendent must withhold part of its funding apportionment for that fiscal year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46202. If a school district that does not participate in the program set forth in Sections 46200 to 46206, inclusive, as those sections read on January 1, 2013, offers less instructional time in a fiscal year than the amount of instructional time fixed for the 1982–83 fiscal year, the Superintendent shall withhold for that fiscal year, from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the amount of that apportionment multiplied by the percentage of instructional minutes fixed in the 1982–83 school year, at that grade level, that the school district failed to offer. (Amended by Stats. 2013, Ch. 357, Sec. 31. (SB 97) Effective September 26, 2013.)
  74. 46203.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    Money apportioned to school districts under this article must add to, and not replace, other legal apportionments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46203. Amounts apportioned to school districts pursuant to this article shall supplement, and not supplant, apportionments received pursuant to any other provision of law. (Added by Stats. 1983, Ch. 498, Sec. 80. Effective July 28, 1983.)
  75. 46205.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    School districts using early-late instructional programs in kindergarten through grade 8 must calculate instructional time by combining the time in each portion of the program with the time when all pupils attend together.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46205. (a) For purposes of this article, instructional time for school districts conducting early-late instructional programs in kindergarten and grades 1 to 8, inclusive, shall be computed by adding the total amount of instructional time provided in each portion of the early-late instructional programs to the amount of instructional time offered when all pupils in the class are scheduled to attend. It is not the intent of the Legislature to disrupt or restrict early-late instructional programs for pupils in kindergarten and grades 1 to 8, inclusive. (b) This section shall be applicable only if the early-late instructional program was in operation during the 1983–84 fiscal year, except that the Superintendent of Public Instruction may approve, based on educational reasons, the application of this section to programs commencing operation after the 1983–84 fiscal year. (c) Notwithstanding any other provision of law, this section is not applicable to any class in any grade level for which class size reduction funding is received pursuant to the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28; provided, however, that this section may be applicable to any class in any grade level for which class size reduction funding is received pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 52122 if a school district operated under this section prior to July 1, 1996. (Amended by Stats. 1996, Ch. 621, Sec. 5. Effective September 19, 1996.)
  76. 46206.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

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    The State Board of Education may waive certain fiscal penalties for a school district or county office of education that misses minimum instructional time requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46206. (a) The State Board of Education may waive the fiscal penalties set forth in this article for a school district or county office of education that fails to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year, or both. (b) For fiscal penalties incurred as a result of a shortfall on instructional time in the 2000–01 fiscal year or thereafter, a waiver may only be granted pursuant to subdivision (a) upon the condition that the school or schools in which the minutes, days, or both, were lost, maintain minutes and days of instruction equal to those lost and in addition to the amount otherwise prescribed in this article for twice the number of years that it failed to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year following the year, or both, commencing not later than the school year following the year in which the waiver was granted and continuing for each succeeding school year until the condition is satisfied. Compliance with the condition shall be specifically verified in the report of the annual audit of the school district or county office of education for each year in which the additional time is to be maintained. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344. (c) It is the intent of the Legislature that school districts and county offices of education make every effort to make up any instructional days and minutes lost during the school year in which the loss occurred, rather than seeking a waiver pursuant to the provisions of this section. (d) The State Board of Education may grant a waiver pursuant to subdivision (a) without the condition provided in subdivision (b) to any school district that maintained a single session kindergarten class in the 1982–83 school year for more than the maximum number of 240 minutes permitted by state law and that, due to the school district’s growth and facilities limitations, is required to operate two sessions of kindergarten per day in the same classroom. (Amended by Stats. 2002, Ch. 942, Sec. 1. Effective January 1, 2003.)
  77. 46207.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

    Verify source ↗

    School districts that meet the listed funding target must provide minimum instructional minutes each fiscal year; the Superintendent must withhold funding if a district falls below those minimums after meeting the target.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46207. (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target computed pursuant to Section 42238.02 as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, each school district, as a condition of apportionment pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, shall, for each fiscal year, offer, at a minimum, the following number of minutes of instruction: (1) To pupils in kindergarten, 36,000 minutes. (2) To pupils in grades 1 to 3, inclusive, 50,400 minutes. (3) To pupils in grades 4 to 8, inclusive, 54,000 minutes. (4) To pupils in grades 9 to 12, inclusive, 64,800 minutes. (b) For a school district that has met its local control funding formula target that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (a), the Superintendent shall withhold from the school district’s local control funding formula apportionment for the average daily attendance of each affected grade level, the product of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the school district failed to offer. (c) Notwithstanding subdivision (a), for the 2013–14 and 2014–15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section. (Added by Stats. 2013, Ch. 47, Sec. 71. (AB 97) Effective July 1, 2013.)
  78. 46208.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. )

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    School districts meeting the target must offer at least 180 days of instruction per school year, with a limited multitrack-year-round-school exception.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] ( Article 8 added by Stats. 1983, Ch. 498, Sec. 80. ) ## 46208. (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target computed pursuant to Section 42238.02 as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, each school district, as a condition of apportionment pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, shall offer 180 days or more of instruction per school year. A school operating as a multitrack year-round school shall be deemed to be in compliance with the 180-day requirement if it certifies to the Superintendent that it is a multitrack year-round school and maintains its school for a minimum of 163 schooldays. (b) Notwithstanding subdivision (a), for the 2013–14 and 2014–15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section. (c) For a school district that has met its local control funding formula target and that offers fewer than the number of instructional days required pursuant to this section, the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of 0.0056 multiplied by that apportionment for each day less than what was required pursuant to this section, for up to five days. (Amended by Stats. 2013, Ch. 357, Sec. 32. (SB 97) Effective September 26, 2013.)
  79. 46210.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Attendance Recovery Programs [46210 - 46211] ( Article 9 added by Stats. 2024, Ch. 38, Sec. 45. )

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    The Legislature states that local educational agencies should be supported in using evidence-based attendance recovery activities to address chronic absenteeism and attendance loss from emergency events.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Attendance Recovery Programs [46210 - 46211] ( Article 9 added by Stats. 2024, Ch. 38, Sec. 45. ) ## 46210. (a) (1) It is the intent of the Legislature to support local educational agencies in conducting evidence-based activities to address chronic absenteeism and loss of attendance due to emergency events. These activities may include, but are not limited to, all of the following: (A) Establishing a community school model, as described in Section 8901. (B) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (C) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (D) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (E) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (F) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (2) The Legislature also finds and declares that opportunities for attendance recovery increase pupil access to instructional time and content that otherwise might not be made available to them, and provide local educational agencies with the ability to recover funding dependent upon pupil attendance. It is the intent of the Legislature that local educational agencies implement evidence-based strategies to address absenteeism and leverage innovation to improve pupil attendance and increase instructional time, especially for more vulnerable and high-needs pupil populations. (3) The Legislature also finds and declares that access to instruction as part of a regular instructional program is the preferred method of learning for pupils, and the availability of attendance recovery should not discourage local educational agencies that regularly experience school closures from maintaining school calendars of greater than 180 days for school districts and 175 days for charters schools to maximize instruction in a regular instructional program. (b) (1) It is the intent of the Legislature that, in implementing attendance recovery programs, local educational agencies maintain the same high expectations for pupils participating in regular instructional programs. It is further the intent of the Legislature that a pupil in an attendance recovery program will receive instruction that aligns with grade-level standards that are substantially equivalent to a pupil’s regular classroom-based instructional program. (2) It is further the intent of the Legislature that the operation of attendance recovery programs does not negatively impact implementation of expanded learning programs, which are designed to improve pupil engagement and regular schoolday attendance, including before- and after-school programs and intersessional programs operated pursuant to Section 46120 and Article 19 (commencing with Section 8420) of, Article 22.5 (commencing with Section 8482) of, and Article 22.6 (commencing with Section 8484.7) of, Chapter 2 of Part 6 of Division 1 of Title 1. It is the intent of the Legislature that when attendance recovery programs are operated in conjunction with expanded learning programs to achieve fiscal efficiencies, fiscal impacts to expanded learning programs are minimized and pupil access to expanded learning programs are expanded. Local educational agencies are encouraged to offer expanding learning programs to chronically absent pupils as an attendance reengagement strategy. (Added by Stats. 2024, Ch. 38, Sec. 45. (SB 153) Effective June 29, 2024.)
  80. 46211.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Attendance Recovery Programs [46210 - 46211] ( Article 9 added by Stats. 2024, Ch. 38, Sec. 45. )

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    Local educational agencies may run attendance recovery programs for pupils, but the programs must meet staffing, ratio, reporting, and participation limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Attendance Recovery Programs [46210 - 46211] ( Article 9 added by Stats. 2024, Ch. 38, Sec. 45. ) ## 46211. (a) Beginning July 1, 2025, to address the educational and fiscal impacts of pupil absences, a local educational agency may implement attendance recovery programs for pupils to make up lost instructional time and offset absences, including reducing chronic absenteeism. (b) (1) An attendance recovery program implemented pursuant to this article may be operated before or after school, on weekends, or during intersessional periods. Local educational agencies that operate attendance recovery programs shall offer access to attendance recovery programs throughout the school year, including, at least once during each term, such as each trimester or quarter. Average daily attendance generated through an attendance recovery program shall be credited to the school year in which the attendance recovery program is operated and the local educational agency in which the pupil is enrolled. (2) Instructional time included for the purposes of generating average daily attendance pursuant to this section shall not be included within the instructional time used to meet the annual day and minute requirements pursuant to Sections 46207, 46208, 47612, and 47612.5 of this code, and Section 11960 of Title 5 of the California Code of Regulations, as applicable. (c) Participation in an attendance recovery program shall not be compulsory or punitive for pupils. Pupils concurrently participating in both an attendance recovery program and an expanded learning opportunities program pursuant to Section 46120 shall retain their ability to participate in the entirety of an expanded learning opportunities program’s offerings pursuant to Section 46120 for the duration of the school year. (d) (1) For participation in an attendance recovery program, a pupil shall not be credited with more than the lesser of the equivalent of 10 days of attendance in a school year, or the number of absences the pupil accrued in that school year. For purposes of meeting all of the requirements of this section, an individual pupil shall not be credited with more than one day of attendance for any calendar day of participation in an attendance recovery program. (2) A pupil shall not be credited with more than five days of attendance per school week for school districts or county offices of education, or more than one day of attendance in a calendar day when school is actually taught pursuant to Section 47612 of this code and Section 11960 of Title 5 of the California Code of Regulations for charter schools. (3) Attendance accrued through participation in an attendance recovery program shall be tracked and reported to the department by local educational agencies separately from average daily attendance generated during the schoolday in classroom-based programs. (4) When reporting attendance accrued through participation in an attendance recovery program to the department pursuant to Sections 60900 and 60901, consistent with paragraph (3), the attendance shall be reported separately from those days of attendance not accrued through participation in an attendance recovery program. The department shall also separately report days accrued through attendance recovery programs on its internet website. (e) (1) Notwithstanding Sections 46112, 46113, 46114, 46117, 46141, 46142, 46146, 46146.5, 46148, 46170, 46180, 48645.3, and 48663, pupils participating in an attendance recovery program operating pursuant to this section may generate average daily attendance. Average daily attendance generated through a pupil’s participation in an attendance recovery program may be accumulated in increments of one hour, as documented by the teacher of each attendance recovery classroom described in subdivision (g) and maintained by the local educational agency. A pupil shall only be credited with not less than a full day of attendance in an attendance recovery program, and only once the amount of time that a pupil participates in an attendance recovery program meets the applicable minimum daily minutes requirements pursuant to Article 2 (commencing with Section 46110) and Article 3 (commencing with Section 46140), including the minimum schoolday for a pupil with an individualized education program pursuant to Section 46307, up to the limits established in subdivision (d). (2) (A) For the purposes of computing average daily attendance for purposes of this article, the minimum daily instructional minute requirements pursuant to Article 2 (commencing with Section 46110) and Article 3 (commencing with Section 46140) apply to all local educational agencies, including charter schools, except for county community schools operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1, continuation high schools operated pursuant to Chapter 3 (commencing with Section 48400) of Part 27, opportunity schools operated pursuant to Chapter 4 (commencing with Section 48640) of Part 27, juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27, and community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (B) Charter schools shall comply with the minimum daily instructional minute requirements for the applicable grade span pursuant to Sections 46112, 46113, 46114, 46117, 46141, and 46142. (C) County community schools, continuation high schools, opportunity schools, juvenile court schools, and community day schools shall comply with schoolday and instructional minute requirements for the applicable setting pursuant to Sections 1983, 46170, 46180, 48645.3, and 48663. (f) As a condition of generating average daily attendance, an attendance recovery program shall be composed of pupils engaged in educational activities and content aligned to grade level standards that are substantially equivalent to the pupils’ regular instructional program, which may include one-on-one or small group tutoring, and shall be under the immediate supervision and control of a certificated teacher who is also an employee of the local educational agency and who possesses a valid certification document, registered as required by law, pursuant to Sections 46300 and 47612.5. An attendance recovery program shall not exceed a pupil-to-certificated teacher ratio of 10 to 1 for transitional kindergarten and kindergarten or 20 to 1 for grades 1 to 12, inclusive. A local educational agency shall maintain documentation demonstrating how the attendance recovery program met the applicable ratios required pursuant to this subdivision. (g) (1) An attendance recovery program shall be provided only as a limited-term option for a classroom-based, regular educational program for pupils in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive. Pupils otherwise enrolled in a nonclassroom-based program, including pupils served by a nonclassroom-based charter school pursuant to Section 47612.5, shall not participate in an attendance recovery program and a local educational agency shall not generate apportionment through an attendance recovery program for pupils enrolled in a nonclassroom-based program. (2) (A) For school districts, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 15 schooldays in a school year. (B) For charter schools, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil is continually enrolled in independent study for more than 15 schooldays on any of the days on which school is taught for the purpose of meeting the requirement to offer 175 instructional days, as described in Section 11960 of Title 5 of the California Code of Regulations. (3) A charter school that serves pupils pursuant to Section 47612.1 shall not participate in an attendance recovery program operated pursuant to this section. (h) On or before June 30, 2025, the department shall develop and maintain on its internet website guidance to support local educational agencies in creating and implementing high-quality attendance recovery programs. (i) (1) In consultation with the executive director of the state board, the department shall research local pupil information systems to identify opportunities for local educational agencies to collect and report to the state more nuanced data about the reasons for pupil absences. (2) At a minimum, the department shall investigate opportunities to use and improve existing pupil information systems to more accurately track pupil absences and their reasons, including, but not limited to, those absences caused by each of the following: (A) School closures due to emergencies pursuant to Section 41422. (B) Schooldays of materially decreased attendance due to emergencies pursuant to Section 46392. (C) Pupil absences due to emergencies pursuant to Section 46392, or any other personal or large-scale emergencies. (3) The department shall use the research collected pursuant to this subdivision to develop recommendations to amend existing laws, regulations, guidance, and processes to collect, aggregate, and disaggregate absenteeism data from local educational agencies to provide additional clarity on the causes of pupil absenteeism across the state, including by pupil subgroup. These recommendations shall include steps to calculate an adjusted chronic absenteeism rate that does not include absences due to emergencies pursuant to Section 46392. (4) On or before January 1, 2026, the department shall submit a report of its findings and recommendations to the chairs of the budget committees of both houses of the Legislature, the Superintendent, the executive director of the state board, and the Director of Finance. (j) Commencing with the 2025–26 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in subdivisions (d) to (g), inclusive, including loss of apportionment for an attendance recovery program pursuant to this article for local educational agencies found to be noncompliant. (k) For purposes of this article, the following terms have the following meanings: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “School year” has the same meaning as described in Section 37200. (Amended by Stats. 2025, Ch. 744, Sec. 7. (SB 147) Effective October 13, 2025.)
  81. 46300.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section tells school districts and county offices of education what attendance may be counted in average daily attendance, sets limits for work experience and kindergarten attendance, and allows the state board to waive one ratio limit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300. (a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the district or county office who possessed a valid certification document, registered as required by law. (b) (1) For purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Career Technical Education, “immediate supervision,” in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision. (2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. This ratio may be waived by the state board pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 under criteria developed by the state board. (3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section 46141 or 46144. (c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district. (2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day. (d) (1) For purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the state board; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324. (2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for a pupil in attendance for less than 145 minutes each day. (3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is 180. (4) Notwithstanding any other law, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance. (e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28. (2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. (f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, “immediate supervision” means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. (g) (1) In computing the average daily attendance of a school district or charter school, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten or pupils in a transitional kindergarten program after they have completed one year in that program if one of the following conditions is met: (A) The school district or charter school has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the department and signed by the pupil’s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year. (B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000. (2) A school district or charter school may not include for apportionment purposes the attendance of any pupil for more than two years in kindergarten or for more than two years in a combination of transitional kindergarten and kindergarten. (Amended by Stats. 2024, Ch. 38, Sec. 46. (SB 153) Effective June 29, 2024.)
  82. 46300.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district may not receive certain apportionments for independent study of specified older pupils starting July 1, 1993.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300.1. Commencing July 1, 1993, no school district may receive school district apportionments pursuant to Section 42238 for independent study by pupils 21 years of age or older or by pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday. (Repealed and added by Stats. 1992, Ch. 1195, Sec. 5. Effective January 1, 1993. Operative July 1, 1993, by Sec. 15 of Ch. 1195.)
  83. 46300.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education must apportion certain school attendance funds only for attendance claimed for pupils who live in the reporting county or an adjacent county.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300.2. The State Department of Education shall apportion funds for community school and independent study average daily attendance only for average daily attendance claimed by school districts and county superintendents of schools for pupils who officially reside in the county in which the apportionment claim is reported, or who officially reside in a county immediately adjacent to the county in which the apportionment claim is reported. (Added by Stats. 1993, Ch. 66, Sec. 27. Effective June 30, 1993.)
  84. 46300.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain Mountain Valley Special Education Joint Powers Authority employees are treated as employees of specified Shasta County education employers if they have a valid certification document and are registered as required by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300.3. An employee of the Mountain Valley Special Education Joint Powers Authority who possessed a valid certification document, registered as required by law, shall be deemed an employee of a school district in the County of Shasta or an employee of the Shasta County Office of Education who possessed a valid certification document, registered as required by law, for purposes of Section 46300. (Added by Stats. 2023, Ch. 623, Sec. 1. (SB 648) Effective October 8, 2023.)
  85. 46300.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “immediate supervision” for certain California Firefighter Joint Apprenticeship Program classes held at the workplace.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300.5. For the purposes of educational programs sponsored by the California Firefighter Joint Apprenticeship Program, the term “immediate supervision” as used in Section 46300 means, in the context of classes conducted at the workplace, pupil participation in classes instructed by a person who is qualified, by means of education or experience, as a journeyman, and shares the responsibility for supervision of the pupils participating in the classes with certificated personnel of the district. (Added by Stats. 1988, Ch. 1355, Sec. 20.)
  86. 46300.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education may not apportion funds to a local education agency for an independent study pupil if the agency gave that pupil or the pupil’s parent or guardian benefits not given to regular-class pupils or their parents or guardians.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300.6. The State Department of Education shall not apportion funds to a local education agency for a pupil in the independent study program if that agency has provided any funds or other things 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. (Added by Stats. 1993, Ch. 66, Sec. 28. Effective June 30, 1993.)
  87. 46300.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district or county office of education may not receive apportionments for a pupil in independent study unless it first gets written permission from the parent or guardian.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46300.7. Notwithstanding any other provision of law, no school district or county office of education shall receive apportionments for any pupil in independent study unless that entity receives written permission from the parent or guardian of the pupil prior to the commencement of independent study by that pupil. The written permission shall specify the actual dates of participation, the methods of study and evaluation, and the resources to be made available for the independent study program for the pupil. (Added by Stats. 1993, Ch. 66, Sec. 29. Effective June 30, 1993.)
  88. 46301.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If average daily attendance must be calculated for a school and no other rule covers that purpose, it is computed using pupil attendance days divided by the days school was actually taught, excluding Saturdays and Sundays.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46301. Whenever it is necessary to compute the average daily attendance of a school of a district for any certain purpose and no provision is made for the computation thereof for such purpose, the average daily attendance of the school shall be computed by dividing the total number of days of pupil attendance allowed by the number of days school was actually taught in the regular day schools of the district, exclusive of Saturdays or Sundays. (Enacted by Stats. 1976, Ch. 1010.)
  89. 46302.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For certain high school or elementary school schedules, total pupil attendance days are divided by the largest number of days taught in any three of four terms, and the divisor cannot be less than 175.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46302. Where in a high school or elementary school four terms of school of at least 12 weeks each are maintained during a fiscal year, and where the course of instruction is so arranged that students may complete a full year’s work in any three terms, the total number of days of pupils attendance shall be divided by the greatest number of days school was actually taught in any three of the four terms, but in no case shall the divisor be less than 175. (Enacted by Stats. 1976, Ch. 1010.)
  90. 46303.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Average daily attendance calculations are rounded according to the rules in this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46303. (a) If any computation of average daily attendance made under, or necessitated by, any provision of law, results in a fraction of less than one-half of a unit, the average daily attendance shall be taken as the next lowest whole number, except that if such computation results in an average daily attendance of less than one unit, the average daily attendance shall be deemed to be one unit; but if the fraction is one-half or more of a unit, the average daily attendance shall be taken as the next highest whole number. (b) Whenever any reference is made to a specific whole number of units of average daily attendance said number shall include any fraction above said number which is less than one-half of a unit, and any fraction of one-half or more of a unit above the next lowest whole number. (Enacted by Stats. 1976, Ch. 1010.)
  91. 46304.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain district reorganization or boundary-change situations, the district of residence must contract with another school district to educate affected pupils if the Superintendent of Public Instruction makes the required determination.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46304. (a) Notwithstanding anything in this code to the contrary when as a result of the unification or other reorganization of school districts, or the change of school district boundaries, and if the Superintendent of Public Instruction determines that a school district in which pupils reside does not have suitable facilities in which to maintain school for all the day pupils of the district, or that for other good and sufficient reasons the education of pupils in the district in which they reside is not practical or in the best interests of the pupils, the governing board of the district of residence shall contract with the governing board of another school district for the education of those pupils for whom suitable facilities are not available, or who should be educated in another district, as determined by the Superintendent of Public Instruction. (b) Except as provided in subdivision (b) of Section 46607 and Sections 46610 and 46611, the average daily attendance of pupils attending a district other than the district in which they reside pursuant to a contract described in subdivision (a) shall be credited to the district of attendance for apportionment purposes. (c) Any reorganization proposal approved by the State Board of Education on or before December 31, 1994, shall be governed by Section 46304 as it existed on December 31, 1994. (Amended by Stats. 1994, Ch. 1186, Sec. 16. Effective January 1, 1995.)
  92. 46305.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must report monthly active enrollment and actual attendance to the Superintendent of Public Instruction on forms prepared by the Department of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46305. Each elementary, high school, and unified school district shall report to the Superintendent of Public Instruction on forms prepared by the Department of Education in addition to all other attendance data as required, the active enrollment as of the third Wednesday of each school month and the actual attendance on the third Wednesday of each school month; except that if such day is a school holiday, the active enrollment and actual attendance of the first immediate preceding schoolday shall be reported. “Active enrollment” on a day a count is taken means the pupils in enrollment in the regular schooldays of the district on the first day of the school year on which the schools were in session, plus all later enrollees, minus all withdrawals since that day. (Enacted by Stats. 1976, Ch. 1010.)
  93. 46307.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain attendance by students with exceptional needs counts as one day of attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46307. Attendance of individuals with exceptional needs, identified pursuant to Chapter 4 (commencing with Section 56300) of Part 30, enrolled in a special day class or given instruction individually or in a home, hospital, or licensed children’s institution who attend school for either the same number of minutes that constitutes a minimum schoolday pursuant to Chapter 2 (commencing with Section 46100), or for the number of minutes of attendance specified in that pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30, whichever is less, shall constitute a day of attendance. (Amended by Stats. 1997, Ch. 825, Sec. 19. Effective October 9, 1997.)
  94. 46307.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Average daily attendance calculations must exclude certain minors aged 18 months to 3 years in specified county-superintendent programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [46300 - 46307.1] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 46307.1. The computation of average daily attendance pursuant to this chapter shall not include the attendance of minors between the ages of 18 months and three years, inclusive, enrolled in programs operated by a county superintendent of schools who are physically handicapped, deaf or hard of hearing, or have speech disorders or speech defects. (Added by Stats. 1987, Ch. 1452, Sec. 393.5.)
  95. 46360.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. County School Service Fund [46360- 46360.] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Average daily attendance for certain pupils is computed by dividing total attendance days during the fiscal year by 175.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. County School Service Fund [46360- 46360.] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 46360. The average daily attendance of individuals with exceptional needs given instruction by a county superintendent of schools and whose attendance is credited to the county school service fund, shall be computed by dividing the total days of attendance of such pupils during the fiscal year by 175. (Amended by Stats. 1987, Ch. 1452, Sec. 395.)
  96. 46380.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. County School Tuition Fund [46380- 46380.] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Pupils residing in a county and attending school in an adjoining state must have their fiscal-year average daily attendance reported using the methodology for second principal apportionment attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. County School Tuition Fund [46380- 46380.] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 46380. The average daily attendance for the fiscal year of pupils residing in a county of this state and attending a school in an adjoining state under Article 1 (commencing with Section 2000) of Chapter 7 of Part 2 of Division 1 of Title 1 shall be reported using the methodology for reporting second principal apportionment attendance as provided in Section 41601. (Amended by Stats. 2018, Ch. 32, Sec. 40. (AB 1808) Effective June 27, 2018.)
  97. 46390.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school in a district with more than one school is closed for part of a term because of certain orders or emergencies, its average daily attendance must be estimated separately and added to the district’s other schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 46390. Where a school in a district maintaining more than one school is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in Section 41422, the average daily attendance of the school shall be estimated separately, as provided in Section 46392, and added to the average daily attendance of the other schools of the district. (Enacted by Stats. 1976, Ch. 1010.)
  98. 46391.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    If a district’s attendance records are lost or destroyed and an accurate average-daily-attendance report cannot be made, the Superintendent of Public Instruction must estimate the district’s average daily attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 46391. Whenever any attendance records of any district have been lost or destroyed, making it impossible for an accurate report on average daily attendance for the district for any fiscal year to be rendered, which fact shall be shown to the satisfaction of the Superintendent of Public Instruction by the affidavits of the members of the governing board of the district and the county superintendent of schools, the Superintendent of Public Instruction shall estimate the average daily attendance of such district. The estimated average daily attendance shall be deemed to be the actual average daily attendance for that fiscal year for the making of apportionments to the school district from the State School Fund. (Enacted by Stats. 1976, Ch. 1010.)
  99. 46392.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    This section lets school districts, county offices of education, and charter schools get emergency attendance credit or funding adjustments in specified disaster and COVID-19 situations, subject to conditions and Superintendent approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 46392. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (1) Fire. (2) Flood. (3) Impassable roads. (4) Epidemic. (5) Earthquake. (6) The imminence of a major safety hazard as determined by the local law enforcement agency. (7) A strike involving transportation services to pupils provided by a nonschool entity. (8) An order provided for in Section 41422. (9) Snowstorm. (b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency. (2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency. (3) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency. (c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued. (2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (i) The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply: (1) (A) In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district. (B) In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district. (C) In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district. (2) (A) In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school. (B) In the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school. (3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education. (4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school district’s local control funding formula apportionment pursuant to Section 2576. (5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment. (6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes. (B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202. (e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply: (1) For the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district. (2) For the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school. (3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent. (4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment. (5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment. (f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply: (1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years. (2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years. (g) (1) Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025: (A) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District. (B) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District. (C) Alma Fuerte Public in the City of Pasadena. (2) For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 school days, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school. (3) Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment. (h) This section applies to any average daily attendance that occurs during any part of a school year. (Amended by Stats. 2025, Ch. 8, Sec. 40. (AB 121) Effective June 27, 2025.)
  100. 46393.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    This section requires certain school entities to have emergency independent-study plans and related documentation for school closures or attendance drops.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Average Daily Attendance [46300 - 46393] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 46393. (a) (1) The Legislature finds and declares that, given the effects of public health emergencies and the significant and growing number of natural disasters that the state has faced in recent years, there is an increased need for local educational agencies to provide instructional continuity for pupils when conditions make in-person instruction infeasible for all or some pupils, and that maintaining access to instruction during a natural disaster or emergency is crucial in mitigating the negative impacts of lost learning time and supporting pupil mental health. (2) It is the intent of the Legislature that all local educational agencies have plans in place to keep pupils learning in the event of school closures or absences, especially by being prepared to shift to online or other remote learning options, if necessary. While the first priority will always be to get pupils back to in-person instruction as quickly as possible following a natural disaster or other emergency event, schools should have the infrastructure in place to move instruction online, or otherwise deliver curriculum remotely, and ensure that pupils can access that instruction at short notice. Best practices like including independent study program agreements in back-to-school paperwork provided pursuant to Section 48980 for parents to sign ahead of time, posting assignments and pupil academic resources online, assigning laptops to all pupils, developing emergency partnerships with neighboring local educational agencies, and maintaining an online instructional platform can help local educational agencies be better prepared to shift to remote learning options if the need arises. (b) For affidavits submitted to the Superintendent for events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify that it has a plan for which independent study will be offered to pupils, pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4. The plan shall comply with all of the following: (1) Independent study is offered to any pupil impacted by any of the conditions listed in Section 46392 within 10 instructional days of the first day of a school closure or material decrease in attendance. Pupils who are individuals with exceptional needs shall receive the services identified in their individualized education programs pursuant to paragraph (9) of subdivision (a) of Section 56345 and may participate in an independent study program. (2) Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer. (3) Notwithstanding subdivision (c) of Section 51745 or subparagraph (F) of paragraph (9) of subdivision (g) of Section 51747, include information regarding establishing independent study master agreements in a reasonable amount of time. (c) Notwithstanding subdivision (b), the plan is not required to comply with subdivision (d), (e), or (f) of Section 51747 for school closures or a material decrease in attendance for 15 days or less for affected pupils. (d) A copy of the plan and, if applicable, the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in subdivision (b). (e) (1) For affidavits submitted to the Superintendent for events occurring on or after July 1, 2026, that result in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify all of the following: (A) It has a local governing board- or body-adopted comprehensive school safety plan in place meeting the requirements of Section 32282, including the requirements of paragraph (3) of subdivision (a) of Section 32282. (B) Either of the following: (i) It has offered pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282. (ii) Due to extenuating circumstances, it has not provided pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282. A school district, county office of education, or charter school that certifies pursuant to this clause shall describe the circumstances that prevented it from providing pupil engagement and instruction and shall describe what pupil engagement, services, and instruction it did provide to support its pupils during or immediately after the period of closure or material decrease in attendance. (2) If applicable, a copy of the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in paragraph (1). (Amended by Stats. 2024, Ch. 998, Sec. 15. (AB 176) Effective September 30, 2024.)
  101. 46600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    This section lets school districts make interdistrict attendance agreements and sets rules for transfers, permits, bullying-related priority, military-family transfers, selection limits, and transportation assistance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46600. (a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which the pupil is enrolled, except as specified in paragraphs (2) and (4). (2) The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked. (3) The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school district’s approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment. (4) Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12. (b) A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance. (c) In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside. (d) (1) Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active duty military parent to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer. (2) A school district of residence shall approve an intradistrict transfer request for a victim of an act of bullying unless the requested school is at maximum capacity, in which case the school district shall accept an intradistrict transfer request for a different school in the school district. Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, if the school district of residence has only one school offering the grade level of the victim of an act of bullying and therefore there is no option for an intradistrict transfer, the victim of an act of bullying may apply for an interdistrict transfer and the school district of residence shall not prohibit the transfer if the school district of proposed enrollment approves the application for transfer. (3) A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity. A school district of proposed enrollment shall ensure that pupils admitted under this subdivision are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status. (4) (A) For purposes of this subdivision, “active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code. (B) For purposes of this subdivision, a “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency. (5) (A) Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals. (B) A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision. (C) It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02. (Amended by Stats. 2020, Ch. 97, Sec. 1. (AB 2193) Effective January 1, 2021.)
  102. 46600.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    This section defines key terms used for interdistrict attendance transfer rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46600.1. For purposes of this chapter, the following terms have the following meanings: (a) “Class 1 county” and “class 2 county” have the same meanings as defined in subdivision (e) of Section 48919.5. (b) “County board of education” means the county board that has jurisdiction over the school district denying the permit. (c) “Current year request” means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought. (d) (1) For purposes of appealing to the county board of education, a “denial” includes a school district’s failure to provide written notification of the school district’s decision within the timelines prescribed in this chapter. (2) A “denial” shall not include any of the following: (A) A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2. (B) An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district. (C) A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence. (e) “Future year request” means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought. (f) “Parent” means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder. (g) “School district of proposed enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this chapter. (h) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to the compulsory education requirements as specified in Section 48200. (Added by Stats. 2018, Ch. 550, Sec. 2. (AB 2826) Effective January 1, 2019.)
  103. 46600.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts of residence and proposed enrollment must post interdistrict transfer procedures and timelines online, and certain denials must be followed by written appeal notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46600.2. (a) Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following: (1) The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year. (2) The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence. (3) If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision. (4) That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request. (5) Applicable timelines for processing a request, including statements that the school district shall do both of the following: (A) Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received. (B) Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. (6) The conditions under which an existing interdistrict transfer permit may be revoked or rescinded. (b) A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial. (c) Any written notice to parents regarding a school district’s decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods: (1) Regular mail. (2) Electronic format, if the parent provides an email address. (3) By any other method normally used to communicate with parents in writing. (Added by Stats. 2018, Ch. 550, Sec. 3. (AB 2826) Effective January 1, 2019.)
  104. 46601.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    A parent may appeal an interdistrict transfer denial to the county board of education within 30 calendar days, and the county board must decide the matter within the stated time limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46601. (a) A parent may appeal a school district’s decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school district’s final denial, to the county board of education. (b) (1) Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of education’s designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits. (2) (A) (i) The county board of education shall, unless clause (ii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance. (ii) The county board of education in a class 1 or class 2 county may extend the time period to up to 60 calendar days after the appeal is filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, if one or more of the following circumstances apply: (I) A delay in response by the parent, guardian, educational rights holder, or school district. (II) A delay due to incompatible availability for the factfinding hearing of the parent, guardian, educational rights holder, or school district. (III) A request to delay a factfinding hearing or board hearing by the parent, guardian, or educational rights holder, or an inability of the parent, guardian, or educational rights holder to attend a factfinding hearing or board hearing. (IV) A school district has closed their annual application window and is no longer accepting permit applications for the remainder of the current or future school year. (B) In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education shall provide adequate notice to all parties of the date and time of any hearing scheduled and of the opportunity to submit written statements and documentation and to be heard on the matter pursuant to rules and regulations adopted by the county board of education in accordance with this chapter. The county board of education’s rules may provide for the granting of continuances upon a showing of good cause. The county board of education shall render a decision within three schooldays of any hearing conducted by the county board of education unless the parent requests a postponement. (C) In a class 1 or class 2 county, the county board of education’s rules may provide for any hearing pursuant to this section to be conducted by a hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code, or by an impartial administrative panel of three or more certificated persons appointed by the county board of education. Section 27722 of the Government Code applies to a hearing by an impartial administrative panel and, for purposes of this section, the term “hearing officer” in Section 27722 of the Government Code includes an impartial administrative panel. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment. (D) If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision. (3) The designee of the county superintendent of schools shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board of education in reaching a decision. (4) Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion. (Amended by Stats. 2023, Ch. 606, Sec. 1. (SB 413) Effective January 1, 2024.)
  105. 46602.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    If the county board of education allows the pupil to attend another district, the pupil must be admitted without delay, the attendance may be counted for state apportionment, and written notice must be sent to the parent and district governing boards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46602. (a) If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes. (b) Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods: (1) Regular mail. (2) Electronic format, if the parent provides an email address. (3) By any other method normally used to communicate with parents in writing. (Amended by Stats. 2018, Ch. 550, Sec. 5. (AB 2826) Effective January 1, 2019.)
  106. 46603.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    A school district may temporarily admit an out-of-district pupil for up to two school months while an interdistrict attendance decision is pending.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46603. (a) (1) For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. (2) The period of provisional attendance begins on the first day of the pupil’s attendance in the school. (3) If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program. (4) Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer. (b) Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes. (Amended by Stats. 2018, Ch. 550, Sec. 6. (AB 2826) Effective January 1, 2019.)
  107. 46604.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    If a district of residence does not pay what is due for pupils lawfully attending another district, the county superintendent must draw a requisition from the district’s funds and send it to the district of attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46604. If the governing board of a school district in which pupils reside who are lawfully attending in another district fails or refuses to pay, when due, the amount required to be paid to the district of attendance for the education of those pupils under any provision of this code, the county superintendent of schools having jurisdiction over the district of residence shall draw a requisition against the funds of the district of residence in favor of the district of attendance in payment of that amount and transmit the requisition to the governing board of the district of attendance. (Added by renumbering Section 46612 by Stats. 1986, Ch. 742, Sec. 11.)
  108. 46606.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    Regional occupational programs and centers may admit out-of-area pupils, must claim their own revenue limit for certain enrollments, and cannot get state reimbursement for home-to-school transportation allowances under this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46606. (a) A regional occupational program or regional occupational center maintained by a school district, county superintendent of schools, or a regional occupational program or regional occupational center maintained by two or more school districts pursuant to a joint powers or cooperative agreement, may admit pupils who reside outside the attendance area of the regional occupational program or regional occupational center. (b) The average daily attendance for attendance of pupils who reside outside of the regional occupational center or program attendance area and are enrolled in a regional occupational center or program pursuant to Section 52317 shall be credited to the regional occupational center or program that incurs the training costs for purposes of determining state apportionments and the revenue limits. (c) For purposes of computing the revenue limits for pupils who enroll in a regional occupational center or program outside their district of residence, the regional occupational center or program shall claim its own revenue limit. (d) The regional occupational center or program is not eligible for state reimbursement for home-to-school transportation allowances for pupils who are enrolled in the regional occupational center or program pursuant to this section. (Amended by Stats. 1991, Ch. 64, Sec. 1.)
  109. 46607.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    This section generally credits average daily attendance from pupils in another district to the district of attendance, but creates special tuition and revenue-limit rules for certain districts and consortiums.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46607. (a) Except as provided in subdivision (b) or (c), the average daily attendance for attendance of pupils from another district shall be credited to the district of attendance for purposes of determining state apportionments and the revenue limit pursuant to Section 42237 or 42238. (b) For any district that would have a reduction of 25 percent or more in its federal grant pursuant to Public Law 81-874 if the average daily attendance of pupils residing within the district were credited to the district of attendance, then the average daily attendance resulting from an interdistrict attendance agreement shall be credited to the district of residence and the district of residence shall pay a tuition to the district of attendance no later than the next August 31, after the close of the fiscal year as follows: (1) For attendance in regular day schools and summer schools the tuition per unit of average daily attendance, if any, shall not exceed the actual cost per unit of average daily attendance for the grade level or program less any income, other than tuition, received by the district of attendance on account of such attendance. (2) The district in which the pupil resides shall reduce its total revenue limit pursuant to Section 42238 by the total excess, if any, of its revenue limit per unit of average daily attendance multiplied by the total interdistrict attendance over the total tuition to be paid to districts of attendance. The district in which the pupil resides may increase its total revenue limit pursuant to Section 42238 by the total excess, if any, of the total tuition to be paid to districts of attendance over the district of residence’s revenue limit per unit of average daily attendance multiplied by the total interdistrict average daily attendance. (c) For any consortium of school districts operating an adult education and a regional occupational program serving four or more school districts, the school districts may agree to claim the unit of average daily attendance on the basis of the district of residence and pay such interdistrict tuition to the district of attendance as agreed to by the participating districts. (Added by renumbering Section 46616 by Stats. 1986, Ch. 742, Sec. 15.)
  110. 46609.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    A qualifying unified school district board may educate some or all high school pupils in an adjoining-state school district and may make an agreement for that education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46609. The governing board of a unified school district, whose boundaries are coterminous with the boundaries of a county, and which is contiguous to an adjoining state, may provide for the education of all or any number of the high school pupils of the district who reside in the district by the attendance of these pupils at the schools of a school district of an adjoining state. The governing board of the unified school district may enter an agreement with the school district of an adjoining state for the education of these pupils, subject to the terms and conditions agreed upon. The provisions of Sections 2000 to 2011, inclusive, do not apply to pupils educated pursuant to an agreement authorized by this section. The average daily attendance of pupils educated pursuant to an agreement authorized by this section shall be credited to the district of residence for apportionment purposes. The superintendent of schools of the district, or the principal of the school, in the adjoining state attended by the pupils under such an agreement shall, not later than July 2 of each year, certify, to the county superintendent of schools having jurisdiction over the school district of residence of the pupils, the average daily attendance of the pupils of the district attending the schools of the school district in the adjoining state. Certification shall be made on forms furnished by the Superintendent of Public Instruction. The county superintendent of schools shall report the average daily attendance to the Superintendent of Public Instruction, who shall include the average daily attendance in his report of average daily attendance in all of the duly established schools of the state for the last preceding school year certified by him to the State Controller. (Added by renumbering Section 46618 by Stats. 1986, Ch. 742, Sec. 17.)
  111. 46610.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )

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    The Fallbrook Union High School District must make an interdistrict attendance agreement with the Capistrano Unified School District, allow eligible pupils to attend there, and handle attendance crediting and tuition as specified.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] ( Part 26 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## 46610. (a) (1) Notwithstanding any other law, the Fallbrook Union High School District shall enter into an interdistrict attendance agreement with the Capistrano Unified School District to allow any pupil, at the request of his or her parent or guardian, to attend schools of the Capistrano Unified School District when the pupil resides in the San Onofre housing area of the Marine Corps Base, Camp Joseph H. Pendleton. No more than 150 pupils from the Fallbrook Union High School District may attend school in the Capistrano Unified School District pursuant to this interdistrict attendance agreement. (2) The Fallbrook Union High School District shall be credited with the average daily attendance of these pupils solely for purposes of receiving federal grants pursuant to Public Law 81-874. (b) The Fallbrook Union High School District shall pay tuition to the Capistrano Unified School District for the attendance of these pupils only in the amount computed pursuant to paragraphs (1) and (2), as follows: (1) Divide the amount of funds paid pursuant to Section 3 of Public Law 81-874 (20 U.S.C. 238) to the Fallbrook Union High School District in the current fiscal year by the average daily attendance of the school district in the current fiscal year. (2) Multiply the amount in subdivision (a) by the average daily attendance, for the year of attendance for secondary school pupils attending the schools of the Capistrano Unified School District pursuant to Section 46610. (c) Notwithstanding any other law, the amount provided to the Fallbrook Union High School District and the Capistrano Unified School District for the 2012–13 fiscal year pursuant to this section and Section 46111, as these sections read on June 1, 2013, shall be included in the computations made pursuant to paragraph (2) of subdivision (a) of Section 42238.025, paragraph (2) of subdivision (a) of Section 42238.03, and paragraph (2) of subdivision (e) of Section 42238.03. For purposes of calculating funding pursuant to subdivisions (a) and (e) of Section 42238.03, the school district of residence shall be credited with the 2012–13 fiscal year revenue limit funding received for the pupils reported pursuant to this section after accounting for the amount of tuition paid to the school district of attendance. For purposes of calculating funding pursuant to subdivisions (a) and (e) of Section 42238.03, the school district of attendance shall be credited with the average daily attendance of the pupils reported pursuant to this section in the 2012–13 fiscal year, and the tuition received by the school district of residence pursuant to this section and Section 46611, as these sections read on March 1, 2014. (Amended by Stats. 2014, Ch. 33, Sec. 35. (SB 859) Effective June 20, 2014.)
  112. 47600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section says the part is known as, and may be cited as, the “Charter Schools Act of 1992.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47600. This part shall be known, and may be cited, as the “Charter Schools Act of 1992.” (Added by Stats. 1992, Ch. 781, Sec. 1. Effective January 1, 1993.)
  113. 47601.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section states the Legislature’s intent for charter schools: to let teachers, parents, pupils, and community members establish and maintain schools that operate independently from the existing school district structure.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47601. It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following: (a) Improve pupil learning. (b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving. (c) Encourage the use of different and innovative teaching methods. (d) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the schoolsite. (e) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system. (f) Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule-based to performance-based accountability systems. (g) Provide vigorous competition within the public school system to stimulate continual improvements in all public schools. (Amended by Stats. 1998, Ch. 34, Sec. 1. Effective January 1, 1999.)
  114. 47602.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section sets charter school caps and requires the State Board of Education to number charter petitions/notices, maintain a numbering system, and adopt implementing regulations. It also bars waiver of the limits, forbids charters that would convert private schools, and blocks public funds for pupils who also attend tuition-charging private schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47602. (a) (1) In the 1998–99 school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the 1999–2000 school year, and in each successive school year thereafter, an additional 100 charter schools are authorized to operate in this state each successive school year. For the purposes of implementing this section, the State Board of Education shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section 47605 or Section 47605.8 and to each charter notice it receives pursuant to this part, based on the chronological order in which the notice is received. Each number assigned by the state board on or after January 1, 2003, shall correspond to a single petition that identifies a charter school that will operate within the geographic and site limitations of this part. The State Board of Education shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the existing limit on the number of charter schools that can be approved each year. For purposes of this section, sites that share educational programs and serve similar pupil populations may not be counted as separate schools. Sites that do not share a common educational program shall be considered separate schools for purposes of this section. The limits contained in this paragraph may not be waived by the State Board of Education pursuant to Section 33050 or any other provision of law. (2) By July 1, 2003, the Legislative Analyst shall, pursuant to the criteria in Section 47616.5, report to the Legislature on the effectiveness of the charter school approach authorized under this part and recommend whether to expand or reduce the annual rate of growth of charter schools authorized pursuant to this section. (b) No charter shall be granted under this part that authorizes the conversion of any private school to a charter school. No charter school shall receive any public funds for a pupil if the pupil also attends a private school that charges the pupil’s family for tuition. The State Board of Education shall adopt regulations to implement this section. (Amended by Stats. 2002, Ch. 1058, Sec. 3. Effective January 1, 2003.)
  115. 47603.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    The section says private people or organizations are not barred from giving funding or other assistance for setting up or running a charter school.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47603. (a) This part shall not be construed to prohibit any private person or organization from providing funding or other assistance to the establishment or operation of a charter school. (b) This section shall become operative on July 1, 2017. (Repealed (in Sec. 54) and added by Stats. 2012, Ch. 38, Sec. 55. (SB 1016) Effective June 27, 2012. Section operative July 1, 2017, by its own provisions.)
  116. 47604.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    Charter schools may use a nonprofit public benefit corporation, but after July 1, 2019 they may not operate through or be operated by for-profit management structures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604. (a) A charter school may elect to operate as, or be operated by, a nonprofit public benefit corporation, formed and organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). (b) (1) On and after July 1, 2019, a petitioner that submits a charter petition or a charter school that submits a charter renewal or material revision application shall not operate as, or be operated by, a for-profit corporation, a for-profit educational management organization, or a for-profit charter management organization. For purposes of this section, a for-profit educational management organization and a for-profit charter management organization are entities that manage or operate a charter school. (2) (A) “Operate as, or be operated by,” as referenced in paragraph (1), means services provided by a for-profit corporation to a charter school that include any of the following: (i) Nominating, appointing, or removing board members or officers of the charter school. (ii) Employing, supervising, or dismissing employees of the charter school, including certificated and noncertificated school personnel. (iii) Managing the charter school’s day-to-day operations as its administrative manager. (iv) Approving, denying, or managing the budget or any expenditures of the charter school that are not authorized by the governing body of the charter school. (v) Providing services to a charter school before the governing body of the charter school has approved the contract for those services at a publicly noticed meeting. (B) A charter school shall not enter into a subcontract to avoid the requirements of this paragraph. (c) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation shall be entitled to a single representative on the board of directors of the nonprofit public benefit corporation. (d) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation is not liable for the debts or obligations of the charter school or for claims arising from the performance of acts, errors, or omissions by the charter school if the chartering authority has complied with all oversight responsibilities required by law, including, but not limited to, those required by Section 47604.32 and subdivision (m) of Section 47605. (e) This section shall become operative on July 1, 2019. (Repealed and added by Stats. 2018, Ch. 291, Sec. 2. (AB 406) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.)
  117. 47604.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section defines an “entity managing a charter school” and requires charter schools, their managing entities, and some related officials to follow open-meeting, public-records, conflict-of-interest, and meeting-location rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.1. (a) For purposes of this section, an “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent with Section 47604. An entity that is not authorized to operate a charter school pursuant to Section 47604 is not an “entity managing a charter school” solely because it contracts with a charter school to provide to that charter school goods or task-related services that are performed at the direction of the governing body of the charter school and for which the governing body retains ultimate decisionmaking authority. (b) A charter school and an entity managing a charter school shall be subject to all of the following: (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity pursuant to Chapter 5 (commencing with Section 47620) shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) regardless of the authorizing entity. (2) (A) The California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (B) (i) The chartering authority of a charter school shall be the custodian of records with regard to any request for information submitted to the charter school if either of the following apply: (I) The charter school is located on a federally recognized California Indian reservation or rancheria. (II) The charter school is operated by a nonprofit public benefit corporation that was formed on or before May 31, 2002, and is currently operated by a federally recognized California Indian tribe. (ii) This subparagraph does not allow a chartering authority to delay or obstruct access to records otherwise required under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code. (4) (A) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (B) For purposes of Section 87300 of the Government Code, a charter school and an entity managing a charter school shall be considered an agency and is the most decentralized level for purposes of adopting a conflict-of-interest code. (c) (1) (A) The governing body of one charter school shall meet within the physical boundaries of the county in which the charter school is located. (B) A two-way teleconference location shall be established at each schoolsite. (2) (A) The governing body of one nonclassroom-based charter school that does not have a facility or operates one or more resource centers shall meet within the physical boundaries of the county in which the greatest number of pupils who are enrolled in that charter school reside. (B) A two-way teleconference location shall be established at each resource center. (3) (A) For a governing body of an entity managing one or more charter schools located within the same county, the governing body of the entity managing a charter school shall meet within the physical boundaries of the county in which that charter school or schools are located. (B) A two-way teleconference location shall be established at each schoolsite and each resource center. (4) (A) For a governing body of an entity that manages two or more charter schools that are not located in the same county, the governing body of the entity managing the charter schools shall meet within the physical boundaries of the county in which the greatest number of pupils enrolled in those charter schools managed by that entity reside. (B) A two-way teleconference location shall be established at each schoolsite and each resource center. (C) The governing body of the entity managing the charter schools shall audio record, video record, or both, all the governing board meetings and post the recordings on each charter school’s internet website. (5) This subdivision does not limit the authority of the governing body of a charter school and an entity managing a charter school to meet outside the boundaries described in this subdivision if authorized by Section 54954 of the Government Code, and the meeting place complies with Section 54961 of the Government Code. (d) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, an employee of a charter school shall not be disqualified from serving as a member of the governing body of the charter school because of that employee’s employment status. A member of the governing body of a charter school who is also an employee of the charter school shall abstain from voting on, or influencing or attempting to influence another member of the governing body regarding, all matters uniquely affecting that member’s employment. (e) To the extent a governing body of a charter school or an entity managing a charter school engages in activities that are unrelated to a charter school, Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) shall not apply with regard to those unrelated activities unless otherwise required by law. (f) A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include the discussion of any item regarding an activity of the governing body that is unrelated to the operation of the charter school. (g) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2021, Ch. 615, Sec. 69. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  118. 47604.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section lets a charter school’s governing body add pupil members and sets rules for petitions, voting, attendance, compensation, notice, and privacy.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.2. (a) For purposes of this section, “entity managing a charter school” has the same meaning as described in subdivision (a) of Section 47604.1. (b) (1) There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section. (2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing body of the charter school or of the entity managing multiple charter schools shall order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member. (3) Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil member’s rights and privileges related to service on that governing body. (4) (A) A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) (A) Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions. (B) (i) Each pupil member shall be appointed to subcommittees of the governing body in the same manner as other governing body regular members. (ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee. (iii) Subcommittee meetings may be scheduled in accordance with the availability of all members of the governing body, including each pupil member. (7) Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the governing body. (8) (A) A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members, and may receive compensation, as specified pursuant to subparagraph (B). (B) The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following: (i) Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided. (ii) Monthly financial compensation as determined by the governing body. (9) (A) A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues. (B) A pupil member shall also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items. (C) (i) The governing body of a charter school or of an entity managing multiple charter schools may authorize the pupil member or members to make restorative justice recommendations that may be considered by the governing body in closed session expulsion hearings. If the governing body authorizes pupil recommendations in expulsion hearings, then notwithstanding subparagraph (B), the governing body shall disclose limited case information that pertains to closed session items to the pupil member or members to allow the pupil member or members to make those recommendations. (ii) Disclosure of case information to the pupil member or members pursuant to clause (i) shall be conditioned on the voluntary, written consent of the pupil who is subject to the expulsion hearing and the pupil’s parent or guardian, and shall be consistent with federal and state privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and any implementing federal regulations. (10) A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools. (11) The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools. (12) A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon. (c) A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (d) The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision (b) shall do both of the following: (1) (A) Notify the chartering authority of the charter school within 30 days of either of the following: (i) The inclusion of the pupil member. (ii) Any subsequent change in the pupil membership. (B) The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b). (2) Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools. (e) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil member appointed pursuant to subdivision (b). (2) “Regular member” means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable. (f) This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporation’s articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school. (g) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2025, Ch. 67, Sec. 54. (AB 1170) Effective January 1, 2026.)
  119. 47604.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A charter school must promptly answer reasonable inquiries, including questions about financial records, and must consult with specified education authorities about any inquiries.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.3. A charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its financial records, from its chartering authority, the county office of education that has jurisdiction over the school’s chartering authority, or from the Superintendent of Public Instruction and shall consult with the chartering authority, the county office of education, or the Superintendent of Public Instruction regarding any inquiries. (Amended by Stats. 2002, Ch. 1058, Sec. 4. Effective January 1, 2003.)
  120. 47604.32.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    Each chartering authority must oversee each charter school under its authority by assigning a contact person, visiting at least annually, checking required reports, monitoring fiscal condition, and notifying the department about certain charter actions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.32. (a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority: (1) Identify at least one staff member as a contact person for the charter school. (2) Visit each charter school at least annually. (3) Ensure that each charter school under its authority complies with all reports required of charter schools by law, including the local control and accountability plan and annual update to the local control and accountability plan required pursuant to Section 47606.5. (4) Monitor the fiscal condition of each charter school under its authority. (5) Provide timely notification to the department if any of the following circumstances occur or will occur with regard to a charter school for which it is the chartering authority: (A) A renewal of the charter is granted or denied. (B) The charter is revoked. (C) The charter school will cease operation for any reason. (b) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613. (Amended by Stats. 2016, Ch. 29, Sec. 17. (SB 828) Effective June 27, 2016.)
  121. 47604.33.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    Charter schools must file annual reports and financial documents by set dates, and the chartering authority must use the information for oversight.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.33. (a) Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority: (1) On or before July 1, a preliminary budget. For a charter school in its first year of operation, the information submitted pursuant to subdivision (h) of Section 47605 satisfies this requirement. (2) On or before July 1, a local control and accountability plan and an annual update to the local control and accountability plan required pursuant to Section 47606.5. (3) On or before December 15, an interim financial report. This report shall reflect changes through October 31. (4) On or before March 15, a second interim financial report. This report shall reflect changes through January 31. (5) On or before September 15, a final unaudited report for the full prior year. (b) The chartering authority shall use any financial or other information it obtains from the charter school, including, but not limited to, the reports required by this section, to perform the duties described in subdivision (a) of Section 47604.32, including monitoring the fiscal condition of the charter school. (c) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613. (Amended by Stats. 2020, Ch. 370, Sec. 66. (SB 1371) Effective January 1, 2021.)
  122. 47604.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A county superintendent of schools may monitor and investigate a charter school in the county under stated conditions, and the charter school must notify the county superintendent of its location before starting operations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.4. (a) In addition to the authority granted by Sections 1241.5 and 47604.3, a county superintendent of schools may, based upon written complaints by parents or other information that justifies the investigation, monitor the operations of a charter school located within that county and conduct an investigation into the operations of that charter school. If a county superintendent of schools monitors or investigates a charter school pursuant to this section, the county office of education shall not incur any liability beyond the cost of the investigation. (b) A charter school shall notify the county superintendent of schools of the county in which it is located of the location of the charter school, including the location of each site, if applicable, prior to commencing operations. (Amended by Stats. 2005, Ch. 357, Sec. 3. Effective January 1, 2006.)
  123. 47604.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. )

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    The state board may revoke a charter school’s charter or take other appropriate action if it finds certain serious problems, and it cannot waive this section’s requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 1. General Provisions [47600 - 47604.5] ( Chapter 1 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47604.5. The state board may, based upon the recommendation of the Superintendent, take appropriate action, including, but not limited to, revocation of the charter school’s charter, when the state board finds any of the following: (a) Gross financial mismanagement that jeopardizes the financial stability of the charter school. (b) Illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school. (c) Substantial and sustained departure from measurably successful practices such that continued departure would jeopardize the educational development of the charter school’s pupils. (d) Failure to improve pupil outcomes across multiple state and school priorities identified in the charter pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6. (e) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2019, Ch. 486, Sec. 1. (AB 1505) Effective January 1, 2020. Operative July 1, 2020, pursuant to Sec. 18 of Stats. 2019, Ch. 486.)
  124. 47605.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section sets rules for charter school petitions, district review, admissions, and several operating requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605. (a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met: (A) The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation. (B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation. (2) A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted. (3) A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (4) After receiving approval of its petition, a charter school that proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter school’s charter. (5) (A) A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following: (i) First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating. (ii) Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located. (B) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to. (C) Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity. (D) (i) A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1. (ii) The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5. (E) The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654. (6) Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district. (b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. (c) In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (e). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. (iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements. (B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. (C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. (D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. (E) The qualifications to be met by individuals to be employed by the charter school. (F) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: (i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. (ii) The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3. (G) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. (H) Admission policies and procedures, consistent with subdivision (e). (I) The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority. (J) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following: (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). (iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (K) The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. (L) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools. (M) The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school. (N) The procedures to be followed by the charter school and the chartering authority to resolve disputes relating to provisions of the charter. (O) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (6) The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (7) The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors: (A) The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings. (B) Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate. (8) The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial. (d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school’s educational programs. (e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of that pupil’s parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school. (2) (A) A charter school shall admit all pupils who wish to attend the charter school. (B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: (i) Each type of preference shall be approved by the chartering authority at a public hearing. (ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200. (iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. (iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. (C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not take any action to impede the charter school from expanding enrollment to meet pupil demand. (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. (4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). (B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. (C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c). (D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: (i) When a parent, guardian, or pupil inquires about enrollment. (ii) Before conducting an enrollment lottery. (iii) Before disenrollment of a pupil. (E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. (ii) The department shall develop a template to be used for filing complaints pursuant to clause (i). (5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. (f) The governing board of a school district shall not require an employee of the school district to be employed in a charter school. (g) The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school. (h) The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. (i) In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. (j) Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board. (k) (1) (A) (i) If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education. (ii) The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school district’s findings pursuant to paragraph (8) of subdivision (c). (iii) As used in this subdivision, “material terms” of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority. (B) If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority. (2) If the county board of education denies a petition, the petitioner may appeal that denial to the state board. (A) The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education. (B) If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board. (C) Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education. (D) The state board’s Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board. (E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by both the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. (3) A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part. (4) A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the chartering authority to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate. (5) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board. (6) If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review. (l) (1) Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. (2) By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341. (3) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. (m) A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (c), to its chartering authority, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering authority, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020. (n) A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. (o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2025, Ch. 124, Sec. 4. (SB 98) Effective September 20, 2025.)
  125. 47605.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section limits where charter schools may locate and operate resource centers, meeting spaces, and other satellite facilities, and it requires notice and written approvals in some cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.1. (a) (1) Notwithstanding any other law, a charter school that is granted a charter from the governing board of a school district or county office of education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, shall locate in accordance with the geographic and site limitations of this part. (2) Notwithstanding any other law, a charter school that is granted a charter by the state board after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, based on the denial of a petition by the governing board of a school district or county board of education, as described in paragraphs (1) and (2) of subdivision (j) of Section 47605, may locate only within the geographic boundaries of the chartering entity that initially denied the petition for the charter. (3) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the state board before July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of this part, in accordance with subdivision (d). (b) This section is not intended to affect the admission requirements contained in subdivision (d) of Section 47605. (c) (1) A charter school may establish one resource center, meeting space, or other satellite facility within the jurisdiction of the school district where the charter school is physically located if the following conditions are met: (A) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school. (B) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the charter school is authorized. (2) Except as provided in paragraphs (5) to (9), inclusive, a charter school shall not establish a resource center, meeting space, or other satellite facility in any other location than the one authorized in paragraph (1). (3) A charter school shall notify the charter school’s chartering authority of the name and physical location of any resource center, meeting space, or other satellite facility operated by that charter school. (4) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions listed in this subdivision. (5) (A) A charter school that was operating a resource center, meeting space, or other satellite facility outside the jurisdiction of the school district where the charter school is physically located before January 1, 2020, may continue to operate the resource center, meeting space, or other satellite facility until the charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the charter school, before submitting the request to the charter school’s chartering authority for the renewal of the charter petition, shall first obtain approval in writing from the school district where the resource center, meeting space, or other satellite facility is operating. (B) The department shall regard as a continuing charter school for all purposes a nonclassroom-based charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this subdivision by the addition of this paragraph that took effect January 1, 2020. (6) A countywide charter school approved by a county office of education that is operating a resource center, meeting space, or other satellite facility in a county other than the county in which the countywide charter school is authorized before January 1, 2020, may continue to operate that resource center, meeting space, or other satellite facility until the countywide charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the countywide charter school, before submitting the request to the countywide charter school’s chartering authority for the renewal of the charter petition, shall obtain approval in writing from the county office of education where the resource center, meeting space, or other satellite facility is operating. (7) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter school is operating a resource center, meeting space, or other satellite facility, the charter school, for not more than five years, may relocate the resource center, meeting space, or other satellite facility outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the resource center, meeting space, or other satellite facility is being relocated to. (8) A charter school may establish additional resource centers, meetings spaces, or other satellite facilities within the jurisdiction of the charter school’s chartering authority only if both of the following are met: (A) The charter school is physically located within the boundaries of the charter school’s chartering authority. (B) The charter school has obtained written approval from the charter school’s chartering authority for each additional resource center, meeting space, or other satellite facility. (9) (A) Notwithstanding paragraph (5), a charter school that operates a resource center located in a school district outside of the boundaries of the charter school’s authorizing school district may continue to operate the existing resource center if all of the following conditions are met: (i) The charter school operating the resource center is authorized by, and physically located in, a school district adjacent to a school district with an enrollment of at least 500,000 pupils. (ii) The charter school operating the resource center was established before January 1, 2009. (iii) The resource center is physically located in a school district with an enrollment of at least 500,000 pupils and was established before January 1, 2011. (iv) The resource center serves a pupil population of which at least 50 percent of the pupils are currently or formerly on probation or were formerly incarcerated individuals. (B) A charter school described in this paragraph shall not establish a new resource center outside of the boundaries of the charter school’s authorizing school district. (d) (1) For a charter school that was granted approval of its charter before July 1, 2002, and provided educational services to pupils before July 1, 2002, this section only applies to new educational services or schoolsites established or acquired by the charter school on or after July 1, 2002. (2) For a charter school that was granted approval of its charter before July 1, 2002, but did not provide educational services to pupils before July 1, 2002, this section only applies upon the expiration of a charter that is in existence on January 1, 2003. (3) Notwithstanding other implementation timelines in this section, by June 30, 2005, or upon the expiration of a charter that is in existence on January 1, 2003, whichever is later, all charter schools shall be required to comply with this section for schoolsites at which educational services are provided to pupils before or after July 1, 2002, regardless of whether the charter school initially received approval of its charter school petition before July 1, 2002. To achieve compliance with this section, a charter school shall be required to receive approval of a charter petition in accordance with this section and Section 47605. (4) This section is not intended to affect the authority of a governmental entity to revoke a charter that is granted on or before the effective date of this section. (e) A charter school that submits its petition directly to a county board of education, as authorized by Section 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of education has jurisdiction. (f) Notwithstanding any other law, the jurisdictional limitations set forth in this section do not apply to a charter school that provides instruction exclusively in partnership with any of the following: (1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.). (2) Federally affiliated Youth Build programs. (3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (4) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Sections 14507.5 or 14406 of the Public Resources Code. (5) Instruction provided to juvenile court school pupils pursuant to subdivision (b) of Section 42238.18 or pursuant to Section 1981 for individuals who are placed in a residential facility. (Amended by Stats. 2020, Ch. 370, Sec. 68. (SB 1371) Effective January 1, 2021.)
  126. 47605.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    Delta Charter High School is exempt from certain geographic and site limits in Section 47605.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.2. The Delta Charter High School, located in the County of Santa Cruz, is exempt from the geographic and site limitations contained in subdivision (a) of Section 47605. (Added by Stats. 2004, Ch. 112, Sec. 1. Effective January 1, 2005.)
  127. 47605.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A qualifying charter school may give admissions preference to students at the local public elementary school and to students living in that school’s attendance area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.3. Notwithstanding subdivision (e) of Section 47605, a charter school with a schoolsite physically located in the attendance area of a public elementary school in which 50 percent or more of the pupil enrollment is eligible for free or reduced price meals may give a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter schoolsite is located. This section is not intended to affect the requirement contained in subdivision (e) of Section 47605 that a public school converting partially or entirely to a charter school adopt and maintain a policy that gives an admission preference to pupils who reside within the former attendance area of that public school. (Amended by Stats. 2020, Ch. 370, Sec. 69. (SB 1371) Effective January 1, 2021.)
  128. 47605.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A charter school petition for pupils served by a county office of education may be submitted directly to the county board of education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.5. A petition may be submitted directly to a county board of education in the same manner as set forth in Section 47605 for charter schools that will serve pupils for whom the county office of education would otherwise be responsible for providing direct education and related services. Any denial of a petition shall be subject to the same process for any other county board of education denial of a charter school petition pursuant to this part. (Added by Stats. 1998, Ch. 34, Sec. 7. Effective January 1, 1999.)
  129. 47605.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section lets a county board approve a countywide charter school petition only under specified conditions and sets rules for review, approval, notices, admissions, student discipline, audits, and charter school operations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.6. (a) (1) In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met: (A) The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section. (B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section. (2) An existing public school shall not be converted to a charter school in accordance with this section. (3) After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter school’s approved charter. (4) A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. Following review of the petition and the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if it finds one or more of the following: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (e). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) The educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. (iii) If the proposed charter school will enroll high school pupils, the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools. (iv) If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause. (B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. (C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. (D) The location of each charter school facility that the petitioner proposes to operate. (E) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. (F) The qualifications to be met by individuals to be employed by the charter school. (G) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: (i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. (ii) The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3. (iii) That the school safety plan be reviewed and updated by March 1 of every year by the charter school. (H) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the county board of education to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. (I) The manner in which annual, independent financial audits shall be conducted, in accordance with regulations established by the state board, and the manner in which audit exceptions and deficiencies shall be resolved. (J) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following: (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). (iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (K) The manner by which staff members of the charter school will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. (L) The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter. (M) Admission policy and procedures, consistent with subdivision (e). (N) The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school. (O) The rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school. (P) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (6) A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code). (7) Any other basis that the county board of education finds justifies the denial of the petition. (c) A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter school’s operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education. (d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall on a regular basis consult with their parents and teachers regarding the charter school’s educational programs. (e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of the pupil’s parent or guardian, within this state. (2) (A) A charter school shall admit all pupils who wish to attend the charter school. (B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: (i) Each type of preference shall be approved by the chartering authority at a public hearing. (ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200. (iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. (iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. (C) In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand. (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. (4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). (B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. (C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b). (D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: (i) When a parent, guardian, or pupil inquires about enrollment. (ii) Before conducting an enrollment lottery. (iii) Before disenrollment of a pupil. (E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. (ii) The department shall develop a template to be used for filing complaints pursuant to clause (i). (5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. (f) The county board of education shall not require an employee of the county or a school district to be employed in a charter school. (g) The county board of education shall not require a pupil enrolled in a county program to attend a charter school. (h) The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. (i) In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. (j) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and the state board. (k) If a county board of education denies a petition, the petitioner shall not elect to submit the petition for the establishment of the charter school to the state board. (l) (1) Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. (2) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. (m) A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020. (n) A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. (o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2025, Ch. 124, Sec. 5. (SB 98) Effective September 20, 2025.)
  130. 47605.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A charter school petition cannot be denied just because it would cost money to serve students with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.7. (a) A petition for the establishment of a charter school shall not be denied based on the actual or potential costs of serving individuals with exceptional needs, as that term is defined pursuant to Section 56026. (b) Notwithstanding subdivision (a), this section shall not be construed to prevent a school district from meeting its obligation to ensure that the proposed charter school will meet the needs of individuals with exceptional needs in accordance with state and federal law, nor shall it be construed to limit or alter the reasons for denying a petition for the establishment of a charter school pursuant to subdivision (c) of Section 47605. (Amended by Stats. 2020, Ch. 370, Sec. 70. (SB 1371) Effective January 1, 2021.)
  131. 47605.9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section limits where charter-school petitions may be filed and sets renewal petition steps when a charter is up for renewal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47605.9. (a) A petition to establish a charter school under this part may be submitted only to the governing board of the school district or county office of education within the boundaries of which the charter school proposes to locate. (b) A charter school operating under a charter approved by the state board pursuant to Section 47605, as that section read on January 1, 2019, may continue to operate under the authority of that chartering authority only until the date on which the charter is up for renewal, at which point the charter school shall submit a petition for renewal to the governing board of the school district within the boundaries of which the charter school is located. If the governing board of the school district denies the renewal petition, the charter school may submit the petition for renewal directly to the state board, which shall review the petition in accordance with subparagraph (B) of paragraph (1) of subdivision (k) of Section 47605. If the state board grants renewal pursuant to Section 47607, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. Subsequent renewals shall be subject to the same requirements as other charter schools authorized by the designated chartering authority, including review by the state board in accordance with Section 47607 and paragraph (2) of subdivision (k) of Section 47605. (c) A charter school operating under a charter approved by the state board pursuant to Section 47605.8, as that section read on January 1, 2019, may continue to operate under the authority of that chartering authority only until the date on which the charter is up for renewal. The charter school shall submit a petition for renewal to the state board. If the state board grants renewal pursuant to Section 47607, the state board shall designate, in consultation with the petitioner, the governing board of the school district or county board of education in which the charter school is located as the chartering authority. A charter school assigned to a county board of education under this subdivision shall qualify as a charter school pursuant to Section 47605.6. Subsequent renewals shall be subject to the same requirements as other charter schools authorized by the same chartering authorities, including review by the state board in accordance with Section 47607 and paragraph (2) of subdivision (k) of Section 47605. (d) A charter school designated to a new chartering authority pursuant to this section shall be regarded by the department as a continuing charter school for all purposes. (e) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Added by Stats. 2019, Ch. 486, Sec. 6. (AB 1505) Effective January 1, 2020. Operative July 1, 2020, pursuant to Sec. 18 of Stats. 2019, Ch. 486.)
  132. 47606.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A school district may convert all of its schools to charter schools only if it meets specified conditions, including teacher petition support and petition content requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47606. (a) A school district may convert all of its schools to charter schools under this part only if it meets all of the following conditions: (1) Fifty percent of the teachers within the school district sign the charter petition. (2) The charter petition contains all of the requirements set forth in subdivisions (c), (d), (e), (f), and (g) of Section 47605 and a provision that specifies alternative public school attendance arrangements for pupils residing within the school district who choose not to attend charter schools. (b) Notwithstanding subdivision (c) of Section 47605, the districtwide charter petition shall be approved only by joint action of the Superintendent of Public Instruction and the State Board of Education. (Amended by Stats. 2020, Ch. 370, Sec. 71. (SB 1371) Effective January 1, 2021.)
  133. 47606.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A charter school petition must include a statement about suspension procedures. If a suspended student in grades 1-12 requests it, a teacher must provide the homework the student would otherwise have been assigned. If that homework is turned in on time after suspension and is still ungraded by term end, it cannot be counted in the student’s overall class grade.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47606.2. A petition to establish a charter school shall contain, in addition to the reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason and the explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are required by Section 47605, a statement that the suspension procedures will include both of the following requirements: (a) Upon the request of a parent, a legal guardian or other person holding the right to make education decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays, the homework that the pupil would otherwise have been assigned. (b) If a homework assignment that is requested pursuant to subdivision (a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class. (Added by Stats. 2019, Ch. 779, Sec. 2. (AB 982) Effective January 1, 2020.)
  134. 47606.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A charter school’s governing body must hold annual public hearings and adopt and update its local control and accountability plan, while the charter school must consult specified stakeholders, report certain information to parents, submit the plan to specified authorities, and post it on its website.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47606.5. (a) On or before July 1, 2015, and each year thereafter, the governing body of a charter school shall hold a public hearing to adopt a local control and accountability plan using a template adopted by the state board. The governing body of a charter school shall update the goals and annual actions to achieve those goals identified in the charter petition pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, using the template for the local control and accountability plan and annual update to the local control and accountability plan adopted by the state board pursuant to Section 52064 and shall include all of the following: (1) A review of the progress toward the goals included in the charter, an assessment of the effectiveness of the specific actions described in the charter toward achieving the goals, and a description of changes to the specific actions the charter school will make as a result of the review and assessment. (2) A listing and description of the expenditures for the fiscal year implementing the specific actions included in the charter as a result of the reviews and assessment required by paragraph (1). (b) For purposes of the review required by subdivision (a), a governing body of a charter school may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews. (c) To the extent practicable, data reported pursuant to this section shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5. (d) The charter school shall consult with teachers, principals, administrators, other school personnel, parents, and pupils in developing the local control and accountability plan and annual update to the local control and accountability plan. (e) (1) The charter school shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year as part of a nonconsent item at a regularly scheduled meeting of the governing body of the charter school. (2) The report shall include both of the following: (A) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan. (B) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan. (f) The governing body of a charter school shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing, and the local control and accountability plan or annual update to the local control and accountability plan shall be made available for public inspection at each site operated by the charter school. (g) The governing body of a charter school may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The governing body of a charter school may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting. (h) Pursuant to Section 47604.33, the charter school shall submit the adopted or revised local control and accountability plan pursuant to this section to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority. (i) The charter school shall prominently post on the home page of the internet website of the charter school any local control and accountability plan adopted by the governing body of the charter school, and any updates, revisions, or addenda, including those to comply with federal law, to a local control and accountability plan approved by the governing body of the charter school. (Amended by Stats. 2024, Ch. 38, Sec. 48. (SB 153) Effective June 29, 2024.)
  135. 47607.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section sets terms for charter school renewals, material revisions, and revocations, including review criteria, notice requirements, timelines, and appeal rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47607. (a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, 47605.6, and 47606 for a period not to exceed five years. (2) A chartering authority may grant one or more subsequent renewals pursuant to subdivisions (b) and (c) and Section 47607.2. Notwithstanding subdivisions (b) and (c) and Section 47607.2, a chartering authority may deny renewal pursuant to subdivision (e). (3) A charter school that, concurrently with its renewal, proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter. A material revision of the provisions of a charter petition may be made only with the approval of the chartering authority. A material revision of a charter is governed by the standards and criteria described in Section 47605. (4) The findings of paragraphs (7) and (8) of subdivision (c) of Section 47605 shall not be used to deny a renewal of an existing charter school, but may be used to deny a proposed expansion constituting a material revision. For a material revision, analysis under paragraphs (7) and (8) of subdivision (c) of Section 47605 shall be limited to consideration only of the impact of the proposed material revision. (5) The chartering authority may inspect or observe any part of the charter school at any time. (b) Renewals and material revisions of charters are governed by the standards and criteria described in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. (c) (1) As an additional criterion for determining whether to grant a charter renewal, the chartering authority shall consider the performance of the charter school on the state and local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5. (2) (A) The chartering authority shall not deny renewal for a charter school pursuant to this subdivision if either of the following apply for two consecutive years immediately preceding the renewal decision: (i) The charter school has received the two highest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (ii) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or higher than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average. (B) Notwithstanding subparagraph (A), if the two consecutive years immediately preceding the renewal decision include the 2019–20 or 2020–21 school year, the chartering authority shall not deny renewal for a charter school if either of the following apply for two of the most recent years for which state data is available preceding the renewal decision: (i) The charter school has received the two highest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (ii) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or higher than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average. (C) Notwithstanding subparagraphs (A) and (B), a charter school eligible for technical assistance pursuant to Section 47607.3 shall not qualify for renewal under this paragraph. (D) A charter school that meets the criteria established by this paragraph and subdivision (a) of Section 47607.2 shall not qualify for treatment under this paragraph. (E) The chartering authority that granted the charter may renew a charter pursuant to this paragraph for a period of between five and seven years. (F) A charter that satisfies the criteria in subparagraph (A) or (B) shall only be required to update the petition to include a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed and as necessary to reflect the current program offered by the charter. (3) For purposes of this section and Section 47607.2, “measurements of academic performance” means indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 that are based on statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, the English Language Proficiency Assessments for California, or any successor system, and the college and career readiness indicator. (4) For purposes of this section and Section 47607.2, “subgroup” means numerically significant pupil subgroups as defined in paragraph (1) of subdivision (a) of Section 52052. (5) To qualify for renewal under clause (i) of subparagraph (A) or (B) of paragraph (2), subparagraph (A) of paragraph (1) or (2) of subdivision (a) of Section 47607.2, or paragraph (3) of subdivision (a) of Section 47607.2, the charter school shall have schoolwide performance levels on at least two measurements of academic performance per year in each of the two consecutive years immediately preceding the renewal decision. To qualify for renewal under clause (ii) of subparagraph (A) or (B) of paragraph (2), subparagraph (B) of paragraph (1) or (2) of subdivision (a) of Section 47607.2, or paragraph (3) of subdivision (a) of Section 47607.2, the charter school shall have performance levels on at least two measurements of academic performance for at least two subgroups. A charter school without sufficient performance levels to meet these criteria shall be considered under subdivision (b) of Section 47607.2. (6) For purposes of this section and Section 47607.2, if the dashboard indicators are not yet available for the most recently completed academic year before renewal, the chartering authority shall consider verifiable data provided by the charter school related to the dashboard indicators, such as data from the California Assessment of Student Performance and Progress, or any successor system, for the most recent academic year. (7) Paragraph (2) and subdivisions (a) and (b) of Section 47607.2 shall not apply to a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5. In determining whether to grant a charter renewal for such a charter school, the chartering authority shall consider, in addition to the charter school’s performance on the state and local indicators included in the evaluation rubrics adopted pursuant to subdivision (c) of Section 52064.5, the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served. The chartering authority shall meet with the charter school during the first year of the charter school’s term to mutually agree to discuss alternative metrics to be considered pursuant to this paragraph and shall notify the charter school of the alternative metrics to be used within 30 days of this meeting. The chartering authority may deny a charter renewal pursuant to this paragraph only upon making written findings, setting forth specific facts to support the findings, that the closure of the charter school is in the best interest of pupils. (d) (1) At the conclusion of the year immediately preceding the final year of the charter school’s term, the charter school authorizer may request, and the department shall provide, the following aggregate data reflecting pupil enrollment patterns at the charter school: (A) The cumulative enrollment for each school year of the charter school’s term. For purposes of this chapter, cumulative enrollment is defined as the total number of pupils, disaggregated by race, ethnicity, and pupil subgroups, who enrolled in school at any time during the school year. (B) For each school year of the charter school’s term, the percentage of pupils enrolled at any point between the beginning of the school year and census day who were not enrolled at the conclusion of that year, and the average results on the statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, for any such pupils who were enrolled in the charter school the prior school year. (C) For each school year of the charter school’s term, the percentage of pupils enrolled the prior school year who were not enrolled as of census day for the school year, except for pupils who completed the grade that is the highest grade served by the charter school, and the average results on the statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, for any such pupils. (2) When determining whether to grant a charter renewal, the chartering authority shall review data provided pursuant to paragraph (1), any data that may be provided to chartering authorities by the department, and any substantiated complaints that the charter school has not complied with subparagraph (J) of paragraph (5) of subdivision (c) of Section 47605 or with subparagraph (J) of paragraph (5) of subdivision (b) of Section 47605.6. (3) As part of its determination of whether to grant a charter renewal based on the criterion established pursuant to subdivision (c) and subdivisions (a) and (b) of Section 47607.2, the chartering authority may make a finding that the charter school is not serving all pupils who wish to attend and, upon making such a finding, specifically identify the evidence supporting the finding. (e) Notwithstanding subdivision (c) and subdivisions (a) and (b) of Section 47607.2, the chartering authority may deny renewal of a charter school upon a finding that the school is demonstrably unlikely to successfully implement the program set forth in the petition due to substantial fiscal or governance factors, or is not serving all pupils who wish to attend, as documented pursuant to subdivision (d). The chartering authority may deny renewal of a charter school under this subdivision only after it has provided at least 30 days’ notice to the charter school of the alleged violation and provided the charter school with a reasonable opportunity to cure the violation, including a corrective action plan proposed by the charter school. The chartering authority may deny renewal only by making either of the following findings: (1) The corrective action proposed by the charter school has been unsuccessful. (2) The violations are sufficiently severe and pervasive as to render a corrective action plan unviable. (f) A charter may be revoked by the chartering authority if the chartering authority finds, through a showing of substantial evidence, that the charter school did any of the following: (1) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. (2) Failed to meet or pursue any of the pupil outcomes identified in the charter. (3) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. (4) Violated any law. (g) Before revocation, the chartering authority shall notify the charter school of any violation of this section and give the school a reasonable opportunity to remedy the violation, unless the chartering authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. (h) Before revoking a charter for failure to remedy a violation pursuant to subdivision (f), and after expiration of the school’s reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings. (i) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority. (2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. The school district may appeal the reversal to the state board. (3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board. (4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (h) are supported by substantial evidence. (j) (1) If a county board of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority. (2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. (k) If the revocation decision of the chartering authority is reversed on appeal, the agency that granted the charter shall continue to be regarded as the chartering authority. (l) During the pendency of an appeal filed under this section, a charter school whose revocation proceedings are based on paragraph (1) or (2) of subdivision (f) shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the school is not disrupted. (m) Immediately following the decision of a county board of education to reverse a decision of a school district to revoke a charter, all of the following shall apply: (1) The charter school shall qualify as a charter school for funding and for all other purposes of this part. (2) The charter school may continue to hold all existing grants, resources, and facilities. (3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter, shall be immediately reinstated or returned. (n) A final decision of a revocation or appeal of a revocation pursuant to subdivision (f) shall be reported to the chartering authority, the county board of education, and the department. (o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2021, Ch. 44, Sec. 56. (AB 130) Effective July 9, 2021.)
  136. 47607.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section limits when a chartering authority may renew or deny renewal of a charter school, based on school performance, and sets different renewal periods.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47607.2. (a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision: (A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average. (2) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision. (3) The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) only upon making a written factual finding, specific to the particular petition, setting forth specific facts to support the finding that the charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school. (4) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years. (b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5. (2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal. (3) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils and, if applicable pursuant to paragraph (2), that its decision provided greater weight to performance on measurements of academic performance. (4) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years. (c) This section shall become operative on January 1, 2026. (Repealed (in Sec. 8) and added by Stats. 2019, Ch. 486, Sec. 9. (AB 1505) Effective January 1, 2020. Operative January 1, 2026, by its own provisions.)
  137. 47607.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    This section requires technical assistance for certain charter schools, requires charter schools to accept it, and limits when revocation may be considered.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47607.3. (a) Using an evaluation rubric adopted by the state board pursuant to Section 52064.5, and beginning with the 2020–21 school year, for any charter school for which one or more pupil subgroups identified pursuant to Section 52052 meet the criteria established pursuant to subdivision (g) of Section 52064.5 in two or more years, the county superintendent of schools in which the charter school is located shall provide technical assistance focused on building the charter school’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following: (1) Assisting the charter school to identify its strengths and weaknesses in regard to the state priorities applicable to the charter school pursuant to subdivision (c) of Section 47605. This shall include working collaboratively with the charter school to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness. (2) Working collaboratively with the charter school to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the charter school. The county superintendent of schools in which the charter school is located, in consultation with the charter school, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the charter school in need of technical assistance. (3) Obtaining from the charter school timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider to work with the charter school to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the chartering authority to assess the charter school’s progress in improving pupil outcomes. (b) (1) For purposes of this section, the geographic lead agency, as identified pursuant to Section 52073, or its designee, as identified in subdivision (d) of Section 52071, shall serve in the role of the county superintendent of schools for a charter school authorized by the county board of education. (2) The geographic lead agency shall choose a designee to provide the technical assistance pursuant to subdivision (a) for any charter school for whom the geographic lead agency’s county board of education is the chartering authority. The geographic lead agency shall contract with the designee using the funds allocated pursuant to Section 2575.3. (c) If the charter school meets the criteria established for school districts under paragraph (1) of subdivision (b) of Section 52072, the county superintendent of schools in the county which the charter school is located may request assistance from the California Collaborative for Educational Excellence. The California Collaborative for Educational Excellence may, after consulting with the Superintendent, and with the approval of the state board, provide advice and assistance to the charter school pursuant to Section 52074. (d) A chartering authority shall consider for revocation any charter school to which the California Collaborative for Educational Excellence has provided advice and assistance pursuant to subdivision (c) and about which it has made either of the following findings, which shall be submitted to the chartering authority: (1) That the charter school has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence. (2) That the inadequate performance of the charter school, based upon an evaluation rubric adopted pursuant to Section 52064.5, is either so persistent or so acute as to require revocation of the charter. (e) The chartering authority shall consider increases in pupil academic achievement for all pupil subgroups served by the charter school in determining whether to revoke the charter. (f) A chartering authority shall comply with the hearing process described in subdivisions (g) and (h) of Section 47607 in revoking a charter. A charter school may not appeal a revocation of a charter made pursuant to this section. (g) If the governing body of a charter school requests technical assistance, the chartering authority shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (a). If a charter school has not been identified for technical assistance pursuant to subdivision (a), the chartering authority may assess the charter school a fee not to exceed the cost of the service. (h) A charter school shall accept the technical assistance provided pursuant to subdivision (a). For purposes of accepting technical assistance, a charter school may satisfy this requirement by providing the timely documentation to the county superintendent of schools of the county in which the charter school is located, and maintaining regular communication with the chartering authority. (i) For a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5, technical assistance provided pursuant to subdivision (a) shall take into account the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served. (j) This section shall not preclude a charter school from soliciting technical assistance from other entities at its own expense. (k) For a charter school operating before July 1, 2020, subdivision (a) as it read on January 1, 2019, shall apply until June 30, 2022. (l) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2024, Ch. 38, Sec. 49. (SB 153) Effective June 29, 2024.)
  138. 47607.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    Some charter schools get automatic term extensions if their term expires within the stated date ranges.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47607.4. Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years, and all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, shall have their term extended by one additional year. (Amended by Stats. 2023, Ch. 48, Sec. 43. (SB 114) Effective July 10, 2023.)
  139. 47607.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    A charter school may appeal a renewal denial, except for schools authorized under Section 47605.6, and the section’s requirements cannot be waived by the state board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47607.5. (a) Except for charter schools authorized pursuant to Section 47605.6, if either a school district governing board or a county board of education, as a chartering authority, does not grant a renewal to a charter school pursuant to Section 47607 or 47607.2, the charter school may appeal the decision pursuant to the procedures pertaining to a denial of a petition for establishment of a charter school, as provided in subdivision (k) of Section 47605 for review in accordance with Section 47607. (b) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2020, Ch. 24, Sec. 46. (SB 98) Effective June 29, 2020.)
  140. 47607.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    The department must collect data to track implementation of Chapter 486 of the Statutes of 2019, and it must do so in consultation with the state board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47607.8. The department, in consultation with the state board, shall collect data to track implementation of Chapter 486 of the Statutes of 2019 (Assembly Bill 1505 of the 2019-20 Regular Session). (Amended by Stats. 2020, Ch. 370, Sec. 75. (SB 1371) Effective January 1, 2021.)
  141. 47608.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. )

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    Certain school district and county education board meetings discussing charter petition decisions must comply with the Brown Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 2. Establishment of Charter Schools [47605 - 47608] ( Chapter 2 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47608. All meetings of the governing board of the school district and the county board of education at which the granting, revocation, appeal, or renewal of a charter petition is discussed shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (Amended by Stats. 1998, Ch. 34, Sec. 9. Effective January 1, 1999.)
  142. 47610.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    A charter school must follow this part and its own charter, and it is generally exempt from laws governing school districts except for listed exceptions. Charter school facilities must comply with the building code requirement by January 1, 2007.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47610. A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school districts, except all of the following: (a) As specified in Section 47611. (b) As specified in Section 41365. (c) All laws establishing minimum age for public school attendance. (d) The California Building Standards Code (Part 2 (commencing with Section 101) of Title 24 of the California Code of Regulations), as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located. (e) Charter school facilities shall comply with subdivision (d) by January 1, 2007. (Amended by Stats. 2006, Ch. 538, Sec. 110. Effective January 1, 2007.)
  143. 47610.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    A charter school facility is exempt from subdivision (d) of Section 47610 if it meets either of two listed conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47610.5. A charter school facility is exempt from the requirements of subdivision (d) of Section 47610 if either of the following conditions apply: (a) The charter school facility complies with Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5. (b) The charter school facility is exclusively owned or controlled by an entity that is not subject to the California Building Standards Code, including, but not limited to, the federal government. (Amended by Stats. 2006, Ch. 538, Sec. 111. Effective January 1, 2007.)
  144. 47611.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    If a charter school offers certain retirement coverage, it must tell applicants what options are available and warn them about possible effects on their current retirement coverage. Employees who do creditable service are entitled to coverage if the school makes the State Teacher’s Retirement Plan available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47611. (a) If a charter school chooses to make the State Teacher’s Retirement Plan available, all employees of the charter school who perform creditable service shall be entitled to have that service covered under the plan’s Defined Benefit Program or Cash Balance Benefit Program, and all provisions of Part 13 (commencing with Section 22000) and Part 14 (commencing with Section 26000) shall apply in the same manner as the provisions apply to other public schools in the school district that granted the charter. (b) (1) If a charter school offers its employees coverage by the State Teachers’ Retirement System or the Public Employees’ Retirement System, or both, the charter school shall inform all applicants for positions within that charter school of the retirement system options for employees of the charter school. (2) The information shall specifically include whether the charter school makes available to employees coverage under the State Teachers’ Retirement System, the Public Employees’ Retirement System, or both systems, and that accepting employment in the charter school may exclude the applicant from further coverage in the applicant’s current retirement system, depending on the retirement options offered by the charter of the charter school. (Amended by Stats. 2000, Ch. 1025, Sec. 40. Effective January 1, 2001.)
  145. 47611.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    A chartering school district or county office of education must create required retirement-system reports at a charter school’s request, and related reporting entities must submit them on the school’s behalf.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47611.3. (a) At the request of a charter school, a school district or county office of education that is the chartering authority of a charter school shall create any reports required by the State Teachers’ Retirement System and the Public Employees’ Retirement System. The county superintendent of schools, employing agency, or school district that reports to those systems pursuant to Section 23004 of this code or Section 20221 of the Government Code shall submit the required reports on behalf of the charter school. The school district or county office of education may charge the charter school for the actual costs of the reporting services. (b) As a condition of creating and submitting reports for the State Teachers’ Retirement System and the Public Employees Retirement System, the school district or county office of education shall not require a charter school to purchase payroll processing services from the chartering authority. Information submitted on behalf of the charter school to the State Teachers’ Retirement System, the Public Employees’ Retirement System, or both, shall be in a format conforming to the requirements of those systems. (Added by Stats. 2000, Ch. 466, Sec. 1. Effective January 1, 2001.)
  146. 47611.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    Charter schools are brought under state labor-relations rules, and their charters must state whether the school is the public school employer.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47611.5. (a) Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall apply to charter schools. (b) A charter school charter shall contain a declaration regarding whether or not the charter school shall be deemed the exclusive public school employer of the employees at the charter school for the purposes of Section 3540.1 of the Government Code. If the charter school is not so deemed a public school employer, the school district where the charter is located shall be deemed the public school employer for the purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of the Government Code. (c) If the charter of a charter school does not specify that it shall comply with those statutes and regulations governing public school employers that establish and regulate tenure or a merit or civil service system, the scope of representation for that charter school shall also include discipline and dismissal of charter school employees. (d) The Public Employment Relations Board shall take into account the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600)) when deciding cases brought before it related to charter schools. (e) The approval or a denial of a charter petition by a granting agency pursuant to subdivision (c) of Section 47605 shall not be controlled by collective bargaining agreements nor subject to review or regulation by the Public Employment Relations Board. (f) By March 31, 2000, all existing charter schools must declare whether or not they shall be deemed a public school employer in accordance with subdivision (b), and that declaration shall not be materially inconsistent with the charter. (Amended by Stats. 2020, Ch. 370, Sec. 76. (SB 1371) Effective January 1, 2021.)
  147. 47612.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    Charter schools must follow attendance and calendar rules, including limits on average daily attendance generation, multitrack scheduling, and audit compliance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47612. (a) A charter school shall be deemed to be under the exclusive control of the officers of the public schools for purposes of Section 8 of Article IX of the California Constitution, with regard to the appropriation of public moneys to be apportioned to any charter school, including, but not necessarily limited to, appropriations made for purposes of this chapter. (b) The average daily attendance in a charter school may not, in any event, be generated by a pupil who is not a California resident. To remain eligible for generating charter school apportionments, a pupil over 19 years of age shall be continuously enrolled in public school and make satisfactory progress towards award of a high school diploma. The state board shall, on or before January 1, 2000, adopt regulations defining “satisfactory progress.” (c) A charter school shall be deemed to be a “school district” for purposes of Article 1 (commencing with Section 14000) of Chapter 1 of Part 9 of Division 1 of Title 1, Section 41301, Section 41302.5, Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3, Section 47638, and Sections 8 and 8.5 of Article XVI of the California Constitution. (d) For purposes of calculating average daily attendance, no pupil shall generate more than one day of attendance in a calendar day. Notwithstanding any other law, a charter school that operates a multitrack calendar shall comply with all of the following: (1) Calculate attendance separately for each track. The divisor in the calculation shall be the calendar days in which school was taught for pupils in each track. (2) Operate no more than five tracks. (3) Operate each track for a minimum of 175 days. If the charter school is a conversion school, the charter school may continue its previous schedule as long as it provides no fewer than 163 days of instruction in each track. (4) For each track, provide the total number of instructional minutes, as specified in Section 47612.5. (5) No track shall have less than 55 percent of its schooldays before April 15. (6) Unless otherwise authorized by statute, no pupil shall generate more than one unit of average daily attendance in a fiscal year. (e) Compliance with the conditions set forth in this section shall be included in the audits conducted pursuant to Section 41020. (Amended by Stats. 2013, Ch. 357, Sec. 33. (SB 97) Effective September 26, 2013.)
  148. 47612.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

    Verify source ↗

    A charter school program that partners only with listed workforce, youth, job corps, or conservation programs is not subject to subdivision (b) of Section 47612, except for the California residency requirement for pupils.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47612.1. (a) Except for the requirement that a pupil be a California resident, subdivision (b) of Section 47612 shall not apply to a charter school program that provides instruction exclusively in partnership with any of the following: (1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.). (2) Federally affiliated Youth Build programs. (3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (4) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Section 14406 or 14507.5 of the Public Resources Code. (b) This section shall become operative on July 1, 2015. (Amended by Stats. 2016, Ch. 186, Sec. 48. (AB 2659) Effective January 1, 2017.)
  149. 47612.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    Charter schools must provide minimum instruction minutes, keep attendance records, and certify state testing participation to receive apportionment; independent-study schools must also follow the referenced rules, and the state board/superintendent have funding-related regulatory and enforcement powers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47612.5. (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 school’s 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) 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 reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the 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) 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 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 board is not made available to the 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 shall 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 certification document registered as required by law. For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the 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). (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 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). (Amended by Stats. 2020, Ch. 24, Sec. 47. (SB 98) Effective June 29, 2020.)
  150. 47612.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    The State Board of Education may waive certain fiscal penalties for charter schools that missed required instructional minutes, but waivers for later years require the school to make up the lost instructional time and keep doing so until the condition is met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47612.6. (a) The State Board of Education may waive fiscal penalties calculated pursuant to subdivision (c) of Section 47612.5 for a charter school that fails to offer the minimum number of instructional minutes required pursuant to subdivision (a) of Section 47612.5 for the fiscal year. (b) For fiscal penalties incurred as a result of providing insufficient instructional minutes in the 2002–03 fiscal year, or any fiscal year thereafter, the State Board of Education may grant a waiver only upon the condition that the charter school agrees to maintain minutes of instruction equal to those minutes of instruction it failed to offer and the minimum number of instructional minutes required pursuant to subdivision (a) of Section 47612.5 for twice the number of years that it failed to maintain the required minimum number of instructional minutes for the fiscal year. Compliance with the condition shall commence no later than the school year following the fiscal year that the waiver was granted and shall continue for each subsequent school year until the condition is satisfied. (c) Compliance with the condition set forth in subdivision (b) shall be verified in the report of the annual audit of the charter school for each fiscal year in which it is required to maintain additional time pursuant to subdivision (b). If the audit report for a year in which the additional time is required to be maintained does not verify that the additional time was provided, the waiver granted pursuant to subdivision (b) shall be revoked and the charter school shall repay the fiscal penalty calculated pursuant to subdivision (c) of Section 47612.5, in accordance with subdivision (a) of Section 41344. (d) It is the intent of the Legislature that charter schools make every effort to make up any instructional minutes lost during the fiscal year in which the loss occurred rather than seek a waiver pursuant to this section. (Added by Stats. 2005, Ch. 543, Sec. 6. Effective January 1, 2006.)
  151. 47612.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    This section temporarily bars approval of petitions to establish new charter schools, with stated exceptions, and requires specific study and reporting actions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47612.7. (a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2026, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited. (b) Subdivision (a) shall not apply to a nonclassroom-based charter school that was granted approval of its petition and providing educational services to pupils before October 1, 2019, under either of the following circumstances: (1) If Assembly Bill 1507 of the 2019–20 Regular Session amends Section 47605.1 and becomes operative on January 1, 2020, and the charter school is required to submit a petition to the governing board of a school district or county board of education in an adjacent county in which its existing resource center is located in order to comply with Section 47605.1, as amended by Assembly Bill 1507 of the 2019–20 Regular Session, or to retain current program offerings or enrollment. (2) If a charter school is required to submit a petition to a school district or county board of education in which a resource center is located in order to comply with the court decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262, or other relevant court ruling, and the petition is necessary to retain current program offerings or enrollment. (3) A charter school authorized by a different chartering authority pursuant to paragraphs (1) and (2) shall be regarded by the department as a continuing charter school for all purposes to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654. (c) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions described in this section. (d) (1) No later than October 1, 2023, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall study the processes used to determine funding for nonclassroom-based charter schools. (2) The study shall identify and make recommendations on potential improvements to the processes, including recommendations for enhancing oversight and reducing fraud, waste, and abuse. (3) No later than March 1, 2024, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall report to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the department, and the executive director of the state board on recommendations and observations as a result of the study. These recommendations or observations shall consider the fiscal impact on the state. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2023, Ch. 48, Sec. 44. (SB 114) Effective July 10, 2023. Repealed as of January 1, 2027, by its own provisions.)
  152. 47613.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    Chartering authorities and certain local educational agencies may charge charter schools for actual supervisorial oversight costs, subject to percentage caps and conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47613. (a) Except as set forth in subdivision (b), a chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 1 percent of the revenue of the charter school. (b) A chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering authority. (c) A local educational agency that is given the responsibility for supervisorial oversight of a charter school, pursuant to paragraph (1) of subdivision (k) of Section 47605, may charge for the actual costs of supervisorial oversight, and administrative costs necessary to secure charter school funding. A charter school that is charged for costs under this subdivision may not be charged pursuant to subdivision (a) or (b). (d) This section does not prevent the charter school from separately purchasing administrative or other services from the chartering authority or any other source. (e) For purposes of this section, “chartering authority” means a school district, county board of education, or the state board, that granted the charter to the charter school. (f) For purposes of this section, “revenue of the charter school” means the amount received in the current fiscal year from the local control funding formula calculated pursuant to Section 42238.02, as implemented by Section 42238.03. (g) For purposes of this section, “costs of supervisorial oversight” include, but are not limited to, costs incurred pursuant to Section 47607.3. (Amended by Stats. 2014, Ch. 33, Sec. 38. (SB 859) Effective June 20, 2014.)
  153. 47613.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    The Superintendent must make specified funding apportionments for certain charter schools, and several school-district funding rules do not apply in districts where all schools have been converted to charter schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47613.1. (a) The Superintendent shall make all of the following apportionments on behalf of a charter school in a school district in which all schools have been converted to charter schools pursuant to Section 47606: (1) From funds appropriated to Section A of the State School Fund for apportionment for that fiscal year pursuant to Article 2 (commencing with Section 42238) of Chapter 7 of Part 24 of Division 3, an amount for each unit of current fiscal year regular average daily attendance in the charter school multiplied by the funding rates calculated pursuant to Section 42238.02, as implemented by Section 42238.03, except that average daily attendance generated by pupils who are residents of the school district may be funded pursuant to paragraph (1) of subdivision (a) of Section 42238.05. (2) For each pupil enrolled in the charter school who is entitled to special education services, the state and federal funds for special education services for that pupil that would have been apportioned for that pupil to the school district to which the charter petition was submitted. (3) Funds for the programs described in former clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 54761, as that section read on June 30, 2005, and Sections 63000 and 64000, to the extent that any pupil enrolled in the charter school is eligible to participate. (b) Transfers of funding in lieu of property taxes pursuant to Section 47635 shall not apply to a school district in which all schools have been converted to charter schools pursuant to Section 47606. (c) For each pupil residing in the school district and receiving instruction provided by the county office of education, a school district in which all schools have been converted to charter schools shall, for purposes of Section 2576, be treated as a school district in which all schools have not been converted to charter schools. (d) The provisions of subparagraph (A) of paragraph (2) of subdivision (f) of Section 42238.02 that cap the percentage of unduplicated pupils used for calculating the concentration grant add-on to the percentage of unduplicated pupils of the school district in which the charter school is physically located shall not apply to a school district described in this section. (e) Consistent with Section 47630, necessary small school funding shall not be provided to a school district described in this section. (Amended by Stats. 2014, Ch. 33, Sec. 39. (SB 859) Effective June 20, 2014.)
  154. 47614.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    School districts must provide qualifying charter schools with sufficient facilities, and charter schools must give annual attendance projections if they want district facilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47614. (a) The intent of the people in amending Section 47614 is that public school facilities should be shared fairly among all public school pupils, including those in charter schools. (b) Each school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter school’s in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district. Facilities provided shall be contiguous, furnished, and equipped, and shall remain the property of the school district. The school district shall make reasonable efforts to provide the charter school with facilities near to where the charter school wishes to locate, and shall not move the charter school unnecessarily. (1) The school district may charge the charter school a pro rata share (based on the ratio of space allocated by the school district to the charter school divided by the total space of the district) of those school district facilities costs which the school district pays for with unrestricted general fund revenues. The charter school shall not be otherwise charged for use of the facilities. No school district shall be required to use unrestricted general fund revenues to rent, buy, or lease facilities for charter school students. (2) Each year each charter school desiring facilities from a school district in which it is operating shall provide the school district with a reasonable projection of the charter school’s average daily classroom attendance by in-district students for the following year. The district shall allocate facilities to the charter school for that following year based upon this projection. If the charter school, during that following year, generates less average daily classroom attendance by in-district students than it projected, the charter school shall reimburse the district for the over-allocated space at rates to be set by the State Board of Education. (3) Each school district’s responsibilities under this section shall take effect three years from the effective date of the measure which added this subparagraph, or if the school district passes a school bond measure prior to that time on the first day of July next following such passage. (4) Facilities requests based upon projections of fewer than 80 units of average daily classroom attendance for the year may be denied by the school district. (5) The term “operating,” as used in this section, shall mean either currently providing public education to in-district students, or having identified at least 80 in-district students who are meaningfully interested in enrolling in the charter school for the following year. (6) The State Department of Education shall propose, and the State Board of Education may adopt, regulations implementing this subdivision, including but not limited to defining the terms “average daily classroom attendance,” “conditions reasonably equivalent,” “in-district students,” “facilities costs,” as well as defining the procedures and establishing timelines for the request for, reimbursement for, and provision of, facilities. (Amended November 7, 2000, by initiative Proposition 39, Sec. 6. Note: Prop. 39 is titled the Smaller Classes, Safer Schools and Financial Accountability Act.)
  155. 47614.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    This section creates the Charter School Facility Grant Program and sets rules for administering, funding, verifying, reporting, and auditing the grants.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47614.5. (a) The Charter School Facility Grant Program is hereby established, and shall be administered by the California School Finance Authority. The grant program is intended to provide assistance with facilities rent and lease costs for pupils in charter schools. (b) (1) Commencing with the 2017–18 fiscal year, and subject to available funding in the annual Budget Act, eligible charter schools shall receive an amount equivalent to one of the following, whichever is less: (A) Seventy-five percent of annual facilities rent and lease costs for the charter school. (B) For the 2017–18 fiscal year, an amount equal to one thousand one hundred seventeen dollars ($1,117) per unit of average daily attendance, as certified at the second principal apportionment. Commencing with the 2018–19 fiscal year, the amount of funding provided per unit of average daily attendance in the preceding fiscal year, as adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (2) In any fiscal year, if the funds appropriated for purposes of this section by the annual Budget Act are insufficient to fully fund the approved amounts, the California School Finance Authority shall apportion the available funds on a pro rata basis. (c) For purposes of this section, the California School Finance Authority shall do all of the following: (1) Inform charter schools of the grant program. (2) Upon application by a charter school, determine eligibility, based on the geographic location of the charter schoolsite, pupil eligibility for free or reduced-price meals, and a preference in admissions, as appropriate. Eligibility for funding shall not be limited to the grade level or levels served by the school whose attendance area is used to determine eligibility. A charter schoolsite is eligible for funding pursuant to this section if the charter schoolsite meets either of the following conditions: (A) The charter schoolsite is physically located in the attendance area of a public elementary school in which 55 percent or more of the pupil enrollment is eligible for free or reduced-price meals and the charter schoolsite gives a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter schoolsite is located. (B) Fifty-five percent or more of the pupil enrollment at the charter schoolsite is eligible for free or reduced-price meals. (3) Inform charter schools of their grant eligibility. (4) Make apportionments to a charter school for eligible expenditures according to the following schedule: (A) An initial apportionment by October 31 of each fiscal year, provided the charter school has submitted a timely application for funding, as determined by the California School Finance Authority. The initial apportionment shall be 50 percent of the charter school’s estimated annual entitlement as determined by this section. (B) A second apportionment by March 1 of each fiscal year. This apportionment shall be 75 percent of the charter school’s estimated annual entitlement, as adjusted for any revisions in cost, enrollment, and other data relevant to computing the charter school’s annual entitlement, less any funding already apportioned to the charter school. (C) A third apportionment within 30 days of the end of each fiscal year or 30 days after receiving the data and documentation needed to compute the charter school’s total annual entitlement, whichever is later. This apportionment shall be the charter school’s total annual entitlement less any funding already apportioned to the charter school. (D) Notwithstanding subparagraph (A), the initial apportionment in the 2013–14 fiscal year shall be made by October 15, 2013, or 105 days after enactment of the Budget Act of 2013, whichever is later. (d) For purposes of this section: (1) The California School Finance Authority shall use prior year data on pupil eligibility for free or reduced-price meals to determine eligibility pursuant to paragraph (2) of subdivision (c). A new charter school that was not operational in the prior year shall be eligible in the current year if it meets the free or reduced-price meal eligibility requirements specified in paragraph (2) of subdivision (c) based on current year data. Prior year rent or lease costs provided by charter schools shall be used to determine eligibility for the grant program until actual rent or lease costs become known or until June 30 of each fiscal year. (2) If prior year rent or lease costs are unavailable, and the current year lease and rent costs are not immediately available, the California School Finance Authority shall use rent or lease cost estimates provided by the charter school. (3) (A) The California School Finance Authority shall verify costs associated with facility rents or leases, as evidenced by an executed rental or lease agreement. (B) The verified facility agreement shall be subject to either of the following conditions: (i) Reimbursable facility rent or lease costs do not exceed the prior year’s costs on file with the authority as of the 2016–17 fiscal year, subject to a cost-of-living adjustment consistent with subparagraph (B) of paragraph (1) of subdivision (b). (ii) The rent or lease costs of new facility agreements are at or below market rate based on an independent appraisal paid for by the charter school. (4) The California School Finance Authority shall verify that the grant amount awarded to each charter school is consistent with eligibility requirements as specified in this section and in regulations adopted by the authority. If it is determined by the California School Finance Authority that a charter school did not receive the proper grant award amount, either the charter school shall transfer funds back to the authority as necessary within 60 days of being notified by the authority, or the authority shall provide an additional apportionment as necessary to the charter school within 60 days of notifying the charter school, subject to the availability of funds. (e) Funds appropriated for purposes of this section shall not be apportioned for any of the following: (1) Units of average daily attendance generated through nonclassroom-based instruction as defined by paragraph (2) of subdivision (e) of Section 47612.5 or that does not comply with conditions or limitations set forth in regulations adopted by the state board pursuant to this section. (2) Charter schools occupying existing school district or county office of education facilities, except that charter schools shall be eligible for the portions of their facilities that are not existing school district or county office of education facilities. (3) Charter schools receiving reasonably equivalent facilities from their chartering authorities pursuant to Section 47614, except that charter schools shall be eligible for the portions of their facilities that are not reasonably equivalent facilities received from their chartering authorities. (f) Funds appropriated for purposes of this section shall first be used for costs associated with facilities rents and leases, consistent with the definitions used in the California School Accounting Manual or regulations adopted by the California School Finance Authority. These funds also may be used for costs, including, but not limited to, costs associated with remodeling buildings, deferred maintenance, initially installing or extending service systems and other built-in equipment, and improving sites. (g) If an existing charter school located in an elementary attendance area in which less than 50 percent of pupil enrollment is eligible for free or reduced-price meals relocates to an attendance area identified in paragraph (2) of subdivision (c), admissions preference shall be given to pupils who reside in the elementary school attendance area into which the charter school is relocating. (h) The California School Finance Authority annually shall report to the department and the Director of Finance, and post information on its Internet Web site, regarding the use of funds that have been made available during the fiscal year to each charter school pursuant to the grant program. (i) The California School Finance Authority shall annually allocate the facilities grants to eligible charter schools according to the schedule in paragraph (4) of subdivision (c) for the current school year rent and lease costs. (j) It is the intent of the Legislature that the funding level for the Charter School Facility Grant Program for the 2012–13 fiscal year be considered the base level of funding for subsequent fiscal years. (k) The Controller shall include instructions appropriate to the enforcement of this section in the audit guide required by subdivision (a) of Section 14502.1. (l) The California School Finance Authority, effective with the 2013–14 fiscal year, shall be considered the senior creditor for purposes of satisfying audit findings pursuant to the audit instructions to be developed pursuant to subdivision (k). (m) The California School Finance Authority may adopt regulations to implement this section. Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (n) Notwithstanding any other law, a charter school shall be subject, with regard to this section, to audit conducted pursuant to Section 41020. (Amended by Stats. 2018, Ch. 32, Sec. 42. (AB 1808) Effective June 27, 2018.)
  156. 47615.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. )

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    Charter schools are part of the Public School System and are entitled to full and fair funding as provided in this part.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 3. Charter School Operation [47610 - 47615] ( Heading of Chapter 3 amended by Stats. 1999, Ch. 78, Sec. 32.1. ) ## 47615. (a) The Legislature finds and declares all of the following: (1) Charter schools are part of the Public School System, as defined in Article IX of the California Constitution. (2) Charter schools are under the jurisdiction of the Public School System and the exclusive control of the officers of the public schools, as provided in this part. (3) Charter schools shall be entitled to full and fair funding, as provided in this part. (b) This part shall be liberally construed to effectuate the findings and declarations set forth in this section. (Added by Stats. 1998, Ch. 34, Sec. 16. Effective January 1, 1999.)
  157. 47616.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 4. Notice [47616.5 - 47616.7] ( Chapter 4 added by Stats. 1992, Ch. 781, Sec. 1. )

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    The Legislative Analyst must hire a neutral evaluator to study the effectiveness of the charter school approach, and the evaluator must report recommendations to the Legislature and Governor by July 1, 2003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 4. Notice [47616.5 - 47616.7] ( Chapter 4 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47616.5. The Legislative Analyst shall contract for a neutral evaluator to conduct an evaluation of the effectiveness of the charter school approach authorized under this part. On or before July 1, 2003, the neutral evaluator shall report directly to the Legislature and the Governor with recommendations to modify, expand, or terminate the charter school approach. The evaluation of the effectiveness of the charter school approach shall include, but shall not be limited to, the following factors: (a) If available, the pre- and post-charter school test scores of pupils attending charter schools and other pupil assessment tools. (b) The level of parental satisfaction with the charter school approach compared with schools within the district in which the charter school is located. (c) The impact of required parental involvement. (d) The fiscal structures and practices of charter schools as well as the relationship of these structures and practices to school districts, including the amount of revenue received from various public and private sources. (e) An assessment of whether or not the charter school approach has resulted in increased innovation and creativity. (f) Opportunities for teachers under the charter school approach. (g) Whether or not there is an increased focus on low-achieving and gifted pupils. (h) Any discrimination and segregation in charter schools. (i) If available, the number of charter school petitions submitted to governing boards of school districts and the number of those proposals that are denied, per year, since the enactment of the charter school law, including the reasons why the governing boards denied these petitions, and the reasons governing boards have revoked charters. (j) The governance, fiscal liability and accountability practices and related issues between charter schools and the governing boards of the school districts approving their charters. (k) The manner in which governing boards of school districts monitor the compliance of the conditions, standards, and procedures entered into under a charter. (l) The extent of the employment of noncredentialed personnel in charter schools. (m) An assessment of how the exemption from laws governing school districts allows charter schools to operate differently than schools operating under those laws. (n) A comparison in each school district that has a charter school of the pupil dropout rate in the charter schools and in the noncharter schools. (o) The role and impact of collective bargaining on charter schools. (Amended by Stats. 1998, Ch. 673, Sec. 4. Effective January 1, 1999.)
  158. 47616.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 4. Notice [47616.5 - 47616.7] ( Chapter 4 added by Stats. 1992, Ch. 781, Sec. 1. )

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    An evaluation must analyze the funding system for certain charter schools and examine how the State Board of Education approves their funding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 4. Notice [47616.5 - 47616.7] ( Chapter 4 added by Stats. 1992, Ch. 781, Sec. 1. ) ## 47616.7. The evaluation provided for in Section 47616.5 shall include an analysis of the funding system for charter schools that offer nonclassroom-based instruction. The evaluation shall also examine the effectiveness of the State Board of Education’s process, as provided for in Sections 47612.5 and 47634.2, for approving funding for charter schools offering nonclassroom-based instruction. (Added by Stats. 2001, Ch. 892, Sec. 4. Effective January 1, 2002.)
  159. 47620.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. )

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    An elementary school operated by UC at the Los Angeles campus before January 1, 1994 may apply to become a charter school under this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. ) ## 47620. An elementary school that has been operated by the University of California at the Los Angeles campus prior to January 1, 1994, may apply to become a charter school under this chapter. The school may apply under either Section 47621 or Section 47622. If a charter is granted under this chapter, the resulting charter school shall be part of the public school system. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.)
  160. 47621.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. )

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    An eligible elementary school may apply to become a charter school by petitioning the local school district governing board and following the listed procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. ) ## 47621. An elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the governing board of the local school district and otherwise following the procedures and requirements contained in Chapter 2 (commencing with Section 47605) and Chapter 3 (commencing with Section 47610). (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.)
  161. 47622.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. )

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    An eligible elementary school may apply to become a charter school by petitioning the State Board of Education, and the petition must be signed by at least 50% of the school’s currently employed teachers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. ) ## 47622. As an alternative to Section 47621, an elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the State Board of Education. Under this section, the petition shall be signed by not less than 50 percent of the school’s currently employed teachers. All other procedures and requirements, other than those prescribed in subdivision (a) of Section 47605, that are contained in Chapter 2 (commencing with Section 47605) and Chapter 3 (commencing with Section 47610) are applicable to a petition filed pursuant to this section except that references to “governing board” shall mean the State Board of Education. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.)
  162. 47624.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. )

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    If a charter is granted, the University of California must continue to own and be liable for the resulting charter school.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. ) ## 47624. If a charter is granted under this chapter, the University of California shall continue to own and be liable for the resulting charter school to the same extent as before the granting of the charter. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.)
  163. 47625.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. )

    Verify source ↗

    A charter granted under Section 47620 cannot become operative before July 1, 1995.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] ( Article 1 heading added by Stats. 1999, Ch. 828, Sec. 3. ) ## 47625. A charter granted pursuant to Section 47620 shall not become operative before July 1, 1995. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.)
  164. 47626.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 2. Employer [47626- 47626.] ( Article 2 added by Stats. 1999, Ch. 828, Sec. 4. )

    Verify source ↗

    Certain University of California charter schools must state in their charter that they are the employer of their employees, and they cannot be treated as public school employers for this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 5. University Charter Schools [47620 - 47626] ( Chapter 5 added by Stats. 1994, Ch. 118, Sec. 1. ) ## ARTICLE 2. Employer [47626- 47626.] ( Article 2 added by Stats. 1999, Ch. 828, Sec. 4. ) ## 47626. (a) Notwithstanding Section 47611.5, a charter school operated by the University of California in facilities owned by the Regents of the University of California shall declare in its charter that it is the employer of the employees at the charter school for the purposes of Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code. The provisions of Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code shall apply to the charter school. A charter school operated by the University of California in facilities owned by the Regents of the University of California may not be deemed a public school employer for the purposes of this chapter. (b) By March 31, 2000, an existing charter school operated by the University of California shall amend its charter to comply with this section. (Added by Stats. 1999, Ch. 828, Sec. 4. Effective January 1, 2000.)
  165. 47633.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    The Superintendent must calculate and distribute a charter school general-purpose entitlement each year, and charter school governing bodies may use that funding for any public school purpose.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47633. The Superintendent shall annually compute a general-purpose entitlement, funded from a combination of state aid and local funds, for each charter school as follows: (a) The Superintendent shall annually compute the statewide average amount of general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and, grades 9 to 12, inclusive. For purposes of making these computations, both of the following conditions shall apply: (1) Revenue limit funding attributable to pupils in kindergarten and grades 1 to 5, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by elementary school districts; revenue limit funding attributable to pupils in grades 6, 7, and 8, shall equal the statewide average revenue limit funding per unit of average daily attendance received by unified school districts; and revenue limit funding attributable to pupils in grades 9 to 12, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by high school districts. (2) Revenue limit funding received by school districts shall exclude the value of any benefit attributable to the presence of necessary small schools or necessary small high schools within the school district. (b) The Superintendent shall multiply each of the four amounts computed in subdivision (a) by the charter school’s average daily attendance in the corresponding grade level ranges. The resulting figure shall be the amount of the charter school’s general-purpose entitlement, which shall be funded through a combination of state aid and local funds. From funds appropriated for this purpose pursuant to Section 14002, the Superintendent shall apportion to each charter school this amount, less local funds allocated to the charter school pursuant to Section 47635 and any amount received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (c) General-purpose entitlement funding may be used for any public school purpose determined by the governing body of the charter school. (d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 43. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.)
  166. 47634.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    The State Board of Education must adjust charter school funding for nonclassroom-based instruction and set regulations for how that funding is determined.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 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) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1, 47633, 47634, and 47664, shall be adjusted by the State Board of Education. The State Board of Education shall adopt regulations setting forth criteria for the determination of funding for nonclassroom-based instruction, at a minimum the regulation 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 shall consider, among other factors it deems appropriate, the amount of the charter school’s total budget expended on certificated employee salaries and benefits and on schoolsites, as defined in paragraph (3) of subdivision (d) of Section 47612.5, and the teacher-to-pupil ratio in the school. (2) For the 2001–02 fiscal year only, the amount of funding determined by the State Board of Education 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 fiscal year, the amount of funding determined by the State Board of Education 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 determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a). (4) For the 2003–04 fiscal year and each fiscal year thereafter, the amount of funding determined by the State Board of Education 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 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 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 of Education shall appoint an advisory committee to recommend criteria to the 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. (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 does not act on that request by March 19, 2002, full funding is automatically granted for the 2001–02 fiscal year, but the charter school shall reapply for a determination for funding for the 2002–03 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 school’s reported average daily attendance by the determination for funding percentage specified by the State Board of Education. (4) If the State Board of Education denies request for a determination for funding or provides a reduction as authorized by subdivision (a), the 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) 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) of Section 47612.5. (d) 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. (Amended by Stats. 2002, Ch. 664, Sec. 62. Effective January 1, 2003.)
  167. 47634.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    Charter schools may apply for certain categorical funding programs, but some applications and direct funding are barred for county-administered programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47634.4. (a) A charter school that elects to receive its funding directly, pursuant to Section 47651, may apply individually for federal and state categorical programs, not excluded in this section, but only to the extent it is eligible for funding and meets the provisions of the program. For purposes of determining eligibility for, and allocation of, state or federal categorical aid, a charter school that applies individually shall be deemed to be a school district, except as otherwise provided in this chapter. (b) A charter school that does not elect to receive its funding directly, pursuant to Section 47651, may apply, in cooperation with its chartering authority, for federal and state categorical programs not specified in this section, but only to the extent it is eligible for funding and meets the provisions of the program. (c) Notwithstanding any other law, a charter school shall not apply directly for categorical programs for which services are exclusively or almost exclusively provided by a county office of education. (d) Consistent with subdivision (c), a charter school shall not receive direct funding for any of the following county-administered categorical programs: (1) American Indian Education Centers. (2) County Office Fiscal Crisis and Management Assistance Team. (3) The K–12 High Speed Network. (e) A charter school may apply separately for district-level or school-level grants associated with any of the categorical programs specified in subdivision (d). (Amended by Stats. 2015, Ch. 538, Sec. 24. (SB 416) Effective January 1, 2016.)
  168. 47635.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    A sponsoring local educational agency must transfer charter school funding in lieu of property taxes, usually in monthly installments, and the Superintendent is limited in when state funds may be apportioned.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 2. Charter School Block Grant [47633 - 47635] ( Article 2 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47635. (a) A sponsoring local educational agency shall annually transfer to each of its charter schools funding in lieu of property taxes equal to the lesser of the following two amounts: (1) The average amount of property taxes per unit of average daily attendance, including average daily attendance attributable to charter schools, received by the local educational agency, multiplied by the charter school’s average daily attendance. (2) The local control funding formula grant funding computed pursuant to subdivision (d) of Section 42238.02, per unit of average daily attendance, multiplied by the charter school’s average daily attendance in each of the four corresponding grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and grades 9 to 12, inclusive. (3) Notwithstanding paragraph (2), until the Superintendent determines that a charter school is funded pursuant to Section 42238.02, the Superintendent shall apportion funding per unit of average daily attendance pursuant to this article. The base grant for purposes of paragraph (2) shall be the lesser of the amount calculated pursuant to paragraph (2) or the sum of the entitlements for the charter school in the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. (4) If the sum of the funding transferred pursuant to this subdivision and the funding calculated pursuant to subdivision (e) of Section 42238.03 exceeds the sum of the amounts calculated pursuant to subdivisions (e), (f), and (i) of Section 42238.02, the excess funding shall be used to offset funding calculated pursuant to subdivision (e) of Section 42238.03. (b) The sponsoring local educational agency shall transfer funding in lieu of property taxes to the charter school in monthly installments, by no later than the 15th of each month. (1) For the months of August to February, inclusive, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes received by the sponsoring local educational agency during the preceding fiscal year, as reported to the Superintendent for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to the charter school the charter school’s estimated annual entitlement to funding in lieu of property taxes as follows: (A) Six percent in August. (B) Twelve percent in September. (C) Eight percent each month in October, November, December, January, and February. (2) For the months of March to June, inclusive, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the fiscal year, as reported to the Superintendent for purposes of the first principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to one-sixth of the difference between the school’s estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraph (1). An additional one-sixth of this difference shall be included in the amount transferred in the month of March. (3) For the month of July, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the prior fiscal year, as reported to the Superintendent for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to the remaining difference between the school’s estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraphs (1) and (2). (4) Notwithstanding subdivision (a) of Section 14002, final adjustments to the amount of funding in lieu of property taxes allocated to a charter school shall be made in June, in conjunction with the third recertification of annual apportionments to schools. (5) Subdivision (a) and paragraphs (1) to (4), inclusive, do not apply for pupils who reside in, and are otherwise eligible to attend a school in, a basic aid school district, but who attend a charter school in a nonbasic aid school district. With regard to these pupils, the sponsoring basic aid school district shall transfer to the charter school an amount of funds equivalent to the local control funding formula grant pursuant to Section 42238.02, as implemented by Section 42238.03, earned through average daily attendance by the charter school for each pupil’s attendance, not to exceed the average property tax share per unit of average daily attendance for pupils residing and attending in the basic aid school district. The transfer of funds shall be made in not fewer than two installments at the request of the charter school, the first occurring not later than February 1 and the second not later than June 1 of each school year. Payments shall reflect the average daily attendance certified for the time periods of the first and second principal apportionments, respectively. The Superintendent may not apportion any funds for the attendance of pupils described in this subdivision unless the amount transferred by the basic aid school district is less than the local control funding formula grant pursuant to Section 42238.02, as implemented by Section 42238.03, earned by the charter school, in which event the Superintendent shall apportion the difference to the charter school from state funds. (Amended by Stats. 2020, Ch. 24, Sec. 50. (SB 98) Effective June 29, 2020.)
  169. 47636.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 3. Other Operational Funding Available to Charter Schools [47636 - 47638] ( Article 3 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    A charter school may negotiate with a local educational agency for a share of certain operational funding sources not otherwise listed in this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 3. Other Operational Funding Available to Charter Schools [47636 - 47638] ( Article 3 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47636. (a) This chapter shall not prevent a charter school from negotiating with a local educational agency for a share of operational funding from sources not otherwise set forth in this chapter including, but not limited to, all of the following: (1) Forest reserve revenues and other operational revenues received due to harvesting or extraction of minerals or other natural resources. (2) Sales and use taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (3) Parcel taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (4) Ad valorem property taxes received by a school district which exceed its local control funding formula entitlement pursuant to Section 42238.02, as implemented by Section 42238.03. (5) “Basic aid” received by a school district pursuant to Section 6 of Article IX of the California Constitution. (b) This section shall become operative July 1, 2006. (Amended by Stats. 2013, Ch. 47, Sec. 86. (AB 97) Effective July 1, 2013.)
  170. 47638.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 3. Other Operational Funding Available to Charter Schools [47636 - 47638] ( Article 3 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    Charter schools are treated as school districts for lottery-fund eligibility and allocation purposes, and the State Department of Education must calculate each charter school’s share of statewide average daily attendance and send that information to the Controller.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 3. Other Operational Funding Available to Charter Schools [47636 - 47638] ( Article 3 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47638. For purposes of determining eligibility for, and allocations of, lottery funds, a charter school shall be deemed to be a school district. The State Department of Education shall determine each charter school’s appropriate share of statewide total average daily attendance and include this information in its transmittals to the Controller for use in computing allocations of lottery funds. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)
  171. 47640.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    This section defines “local educational agency” for this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47640. For the purposes of this article, “local educational agency” means a school district as defined in Section 41302.5 or a charter school that is deemed a local educational agency pursuant to Section 47641. As used in this article, “local educational agency” also means a charter school that is responsible for complying with all provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations as they relate to local educational agencies. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)
  172. 47641.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    Charter schools can be treated as local educational agencies for special education if they give written assurances and meet the listed conditions; some charter schools cannot be treated that way unless the statute’s conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47641. (a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter school will participate as a local educational agency in a special education plan approved by the State Board of Education shall be deemed a local educational agency for the purposes of compliance with federal law (Individuals with Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for eligibility for federal and state special education funds. A charter school that is deemed a local educational agency for the purposes of special education pursuant to this article shall be permitted to participate in an approved special education local plan that is consistent with subdivision (a), (b), or (c) of Section 56195.1. (b) A charter school that was granted a charter by a local educational agency that does not comply with subdivision (a) may not be deemed a local educational agency pursuant to this article, but shall be deemed a public school of the local educational agency that granted the charter. (c) A charter school that has been granted a charter by the State Board of Education, and for which the board has delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, and does not comply with subdivision (a), shall be deemed a public school of the local educational agency to which the board has delegated its supervisorial and oversight responsibilities. (d) A charter school that has been granted a charter by the State Board of Education, and for which the board has not delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, may not be deemed a local educational agency unless the charter school complies with subdivision (a). (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)
  173. 47642.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    A special education local plan area that includes a charter school must include charter-school special education funding in its allocation plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47642. Notwithstanding Section 47651, all state and federal funding for special education apportioned on behalf of pupils enrolled in a charter school shall be included in the allocation plan adopted pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both, by the special education local plan area that includes the charter school. (Amended by Stats. 1999, Ch. 646, Sec. 23.4. Effective January 1, 2000. Applicable from July 1, 1999, by Sec. 47 of Ch. 646.)
  174. 47643.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    If approving a charter school petition requires a change to the allocation plan, that change must be adopted through the special education local plan area’s policymaking process.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47643. If the approval of a petition for a charter school requires a change to the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, the change shall be adopted pursuant to the policymaking process of the special education local plan area. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)
  175. 47644.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    The Superintendent must apportion a special education funding amount for each charter school that is treated as a local educational agency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47644. For each charter school deemed a local educational agency for the purposes of special education, an amount equal to the amount computed pursuant to Section 56836.148 for the special education local plan area in which the charter school is included shall be apportioned by the Superintendent pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both. (Amended by Stats. 2020, Ch. 24, Sec. 51. (SB 98) Effective June 29, 2020.)
  176. 47645.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    A reviewing agency may not treat a charter school’s request differently from a school district’s similar request, and a local or state agency must ensure specific equal treatment and participation rules are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47645. An agency reviewing a request by a charter school to participate as a local educational agency in a special education local plan area may not treat the charter school differently from the manner in which it treats a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, a local or state agency shall ensure all of the following: (a) The special education local plan area complies with Section 56140. (b) The charter school participates in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area. (c) The charter school participates in governance of the special education local plan area and benefits from services provided throughout the special education local plan area, in the same manner as other local educational agencies of the special education local plan area. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)
  177. 47646.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    Charter schools tied to special education must share in funding and services, and the granting agency must ensure students with disabilities receive services consistent with their IEPs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47646. (a) A charter school that is deemed to be a public school of the local educational agency that granted the charter for purposes of special education shall participate in state and federal funding for special education in the same manner as any other public school of that local educational agency. A child with disabilities attending the charter school shall receive special education instruction or designated instruction and services, or both, in the same manner as a child with disabilities who attends another public school of that local educational agency. The agency that granted the charter shall ensure that all children with disabilities enrolled in the charter school receive special education and designated instruction and services in a manner that is consistent with their individualized education program and is in compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations, including Section 300.209 of Title 34 of the Code of Federal Regulations. (b) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education receives an equitable share of special education funding and services consisting of either, or both, of the following: (1) State and federal funding provided to support special education instruction or designated instruction and services, or both, provided or procured by the charter school that serves pupils enrolled in and attending the charter school. Notwithstanding any other provision of this chapter, a charter school may report average daily attendance to accommodate eligible pupils who require extended year services as part of an individualized education program. (2) Any necessary special education services, including administrative and support services and itinerant services, that are provided by the local educational agency on behalf of pupils with disabilities enrolled in the charter school. (c) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education also contributes an equitable share of its charter school block grant funding to support districtwide special education instruction and services, including, but not limited to, special education instruction and services for pupils with disabilities enrolled in the charter school. (Amended by Stats. 2007, Ch. 56, Sec. 2. Effective January 1, 2008.)
  178. 47647.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    A local educational agency cannot deny a charter school petition just because the school might enroll students with disabilities from a different special education local plan area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 4. Special Education Funding [47640 - 47647] ( Article 4 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47647. A local educational agency reviewing a petition for the establishment or renewal of a charter school may not refuse to grant the petition solely because the charter might enroll pupils with disabilities who reside in a special education local plan area other than the special education local plan area that includes the local educational agency reviewing the petition. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.)
  179. 47650.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    A charter school is treated as a school district when determining how warrants are drawn on the State School Fund, and “total amount certified” has a specific funding definition.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47650. A charter school shall be deemed to be a school district for purposes of determining the manner in which warrants are drawn on the State School Fund pursuant to Section 14041. For purposes of Section 14041, a charter school’s “total amount certified” means the state aid portion of the charter school’s total local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03. (Amended by Stats. 2014, Ch. 923, Sec. 39. (SB 971) Effective January 1, 2015.)
  180. 47651.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    A charter school may receive part of its funding directly, but if it does so it must notify the county superintendent of schools by June 1 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47651. (a) A charter school may receive the state aid portion of the charter school’s total local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, directly or through the local educational agency that either grants its charter or was designated by the state board. (1) In the case of a charter school that elects to receive its funding directly, the warrant shall be drawn in favor of the county superintendent of schools of the county in which the local educational agency that granted the charter, or was designated by the state board as the oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, is located, for deposit to the appropriate funds or accounts of the charter school in the county treasury. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school. (2) In the case of a charter school that does not elect to receive its funding directly pursuant to this section, the warrant shall be drawn in favor of the county superintendent of schools of the county in which the local educational agency that granted the charter is located or was designated the oversight agency by the state board pursuant to paragraph (1) of subdivision (k) of Section 47605, for deposit to the appropriate funds or accounts of the local educational agency. (3) In the case of a charter school, the charter of which was granted by the state board, but for which the state board has not delegated oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, the warrant shall be drawn in favor of the county superintendent of schools in the county where the local educational agency is located that initially denied the charter that was later granted by the state board. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school. (b) On or before June 1 of each year, a charter school electing to receive its funding directly shall so notify the county superintendent of schools of the county in which the local educational agency that granted the charter is located or, in the case of charters for which the state board has designated an oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, the county superintendent of schools of the county in which the designated oversight agency is located. An election to receive funding directly applies to all funding that the charter school is eligible to receive including, but not limited to, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, other state and federal categorical aid, and lottery funds. (Amended by Stats. 2015, Ch. 303, Sec. 99. (AB 731) Effective January 1, 2016.)
  181. 47652.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    Charter schools can receive advance apportionment funding in specified situations, but must report actual attendance quickly and meet timing limits for starting instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47652. (a) Notwithstanding Section 41330, a charter school in its first year of operation shall be eligible to receive funding for the advance apportionment based on an estimate of average daily attendance for the current fiscal year, as approved by the local educational agency that granted its charter and the county office of education in which the charter-granting agency is located. For charter schools approved by the state board, estimated average daily attendance shall be submitted directly to, and approved by, the department. Not later than five business days following the end of the first 20 schooldays, a charter school receiving funding pursuant to this section shall report to the department its actual average daily attendance for that first month, and the Superintendent shall adjust immediately, but not later than 45 days, the amount of its advance apportionment accordingly. (b) In addition to funding received pursuant to Section 41330, a charter school in its second or later year of operation also shall be eligible to receive an advance apportionment pursuant to the process and conditions described in subdivision (a) in any year in which the charter school is adding at least one grade level. The average daily attendance funded for a new grade level shall not exceed the portion of the certified average daily attendance at the second principal apportionment for the prior year that was attributable to pupils in the highest grade served by the charter school. (c) A charter school in its first year of operation may only commence instruction within the first three months of the fiscal year beginning July 1 of that year. A charter school shall not be eligible for an apportionment pursuant to subdivision (a), or any other apportionment for a fiscal year in which instruction commenced after September 30 of that fiscal year. (Amended by Stats. 2006, Ch. 139, Sec. 1. Effective January 1, 2007.)
  182. 47653.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. )

    Verify source ↗

    Charter schools covered by this section must notify the department by May 15, may have to provide records to the Superintendent, and must begin instruction within the required period to keep funding eligibility.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47653. (a) A charter school required to be regarded as a continuing charter school by the department pursuant to subparagraph (E) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (B) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (d) of Section 47605.9, or paragraph (3) of subdivision (b) of Section 47612.7 shall notify the department by May 15 before the fiscal year in which the charter school is to be regarded as a continuing charter school by the department, in a format to be established by the Superintendent. The Superintendent may require the charter school to submit attendance records or other documents necessary to verify that instruction had been provided at the site to substantiate that the charter school meets the requirements to be regarded as a continuing charter school by the department. (b) Failure of an eligible charter school or its chartering authority to provide notice and substantiation to the department in accordance with subdivision (a) relieves the department of any obligation to regard the charter school as a continuing charter school. (c) A charter school petition authorized by a different chartering authority pursuant to subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7 shall be effective before the date instruction begins for the current fiscal year. (d) A charter school regarded as a continuing charter school in accordance with this section shall commence instruction within the first three months of the fiscal year beginning July 1 of the year the petition is effective pursuant to subdivision (c). A charter school shall not be eligible for an apportionment for any fiscal year in which instruction commenced after September 30 of that fiscal year. (e) A charter school regarded as a continuing charter school by the department shall not be eligible for funding as a new charter school pursuant to subdivision (a) of Section 47652. (f) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2021, Ch. 124, Sec. 20. (AB 938) Effective January 1, 2022.)
  183. 47654.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    This section defines several charter school terms used in this part, including affected, continuing, divided, acquiring, restructured, original, and transferred charter schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47654. The definitions set forth in this section apply for purposes of this part and Chapter 7 (commencing with Section 42238) of Part 24 of Division 3. “Affected charter school” means a charter school that has been, or is proposed to be, affected by an action to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. Affected charter schools include all of the following charter school types: (a) (1) “Acquiring charter school” means a state charter school site deemed a continuing charter school that has wholly combined with one or more other affected state charter school sites by an action taken to comply with subdivision (c) of Section 47605.9. This paragraph shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (2) On the date paragraph (1) becomes inoperative, a charter school that meets the definition of an acquiring charter school pursuant to paragraph (1) shall no longer be regarded as a continuing charter school. (b) “Continuing charter school” means a charter school that the department has deemed to have met the requirements of Section 47653. (c) (1) “Divided charter school” means a continuing charter school that has had one or more of its sites become a separately authorized charter school by an action to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (2) The “restructured portion of a divided charter school” means the site or sites of the divided charter school that each become separately authorized by an action taken to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7, and that is regarded as a continuing charter school in accordance with Section 47653. (3) The “remaining portion of a divided charter school” means the portion of the original charter school remaining after action is taken to bring sites, resource centers, satellite facilities, and meeting spaces into compliance with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (d) “Original charter school” means a charter school as it existed before an action taken to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (e) “Restructured charter school” means a transferred charter school, acquiring charter school, or divided charter school. (f) “Transferred charter school” means a continuing charter school that is wholly authorized by a different chartering authority to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (Amended by Stats. 2023, Ch. 48, Sec. 45. (SB 114) Effective July 10, 2023.)
  184. 47655.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    Debt and liabilities tied to an original charter school must transfer to the restructured school, with specific rules for transferred, acquiring, and divided charter schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 5. Apportionment of Funds [47650 - 47655] ( Article 5 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47655. (a) Notwithstanding any other law, all debt and liabilities owed to the state for an original charter school shall transfer to a restructured charter school in accordance with this section. (b) (1) A transferred charter school shall retain all of the debt and liabilities owed to the state incurred by, or applicable to, the original charter school for the period before the fiscal year the restructuring becomes effective. (2) An acquiring charter school shall assume all of the debt and liabilities owed to the state incurred by, or applicable to, the original charter schools for the period before the fiscal year the restructuring becomes effective. This paragraph shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (3) For a divided charter school, the debt and liabilities owed to the state incurred by, or applicable to, the original charter school for the period before the fiscal year the restructuring becomes effective shall be the responsibility of the remaining portion of a divided charter school. If the remaining portion of a divided charter school closes, unassigned debt and liability owed to the state shall be the responsibility of the restructured charter schools. (Amended by Stats. 2023, Ch. 48, Sec. 46. (SB 114) Effective July 10, 2023.)
  185. 47660.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    A sponsoring local educational agency must exclude charter school pupils from enrollment and average daily attendance when calculating certain funding eligibility and entitlements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47660. 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. (Amended by Stats. 2013, Ch. 47, Sec. 87. (AB 97) Effective July 1, 2013.)
  186. 47662.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    Property tax revenues received by a sponsoring local educational agency must be reduced by the amount of funding in lieu of property taxes allocated to charter schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47662. For purposes of Section 42238.02, as implemented by Section 42238.03, the property tax revenues received by a sponsoring local educational agency pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code shall be reduced by the amount of funding in lieu of property taxes allocated to a charter school or schools pursuant to Section 47635. (Amended by Stats. 2017, Ch. 15, Sec. 31. (AB 99) Effective June 27, 2017.)
  187. 47663.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 32.8. )

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    This section tells the Superintendent how to apportion charter school funding in specified basic-aid situations and limits when funds may not be apportioned.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 26.8. CHARTER SCHOOLS [47600 - 47663] ( Part 26.8 added by Stats. 1992, Ch. 781, Sec. 1. ) ## CHAPTER 6. Funding [47630 - 47663] ( Chapter 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 32.8. ) ## 47663. (a) (1) For a pupil of a charter school sponsored by a basic aid school district who resides in, and is otherwise eligible to attend, a school district other than a basic aid school district, the Superintendent shall apportion to the sponsoring school district an amount equal to 70 percent of the local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, per unit of average daily attendance that would have been apportioned to the school district that the pupil resides in, and would otherwise have been eligible to attend. (2) Notwithstanding paragraph (1), until the Superintendent determines that the school district the pupil resides in, and would otherwise have been eligible to attend, is funded pursuant to Section 42238.02, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district that the pupil resides in, and would otherwise have been eligible to attend, for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. (3) If the entitlements for the school district the pupil resides in, and would otherwise have been eligible to attend, as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1). (b) A school district that loses basic aid status as a result of transferring property taxes to a charter school or schools pursuant to Section 47635 for pupils who reside in, and are otherwise eligible to attend, a school district other than the school district that sponsors the charter school, shall be eligible to receive a pro rata share of funding provided by subdivision (a), with the proration factor calculated as the ratio of the following: (1) The amount of property taxes that the school district receives in excess of its total base grant per unit of average daily attendance calculated pursuant to Section 42238.02, as implemented by Section 42238.03, before any transfers made pursuant to Section 47635, except for transfers in lieu of property taxes made for pupils who reside in, and would otherwise be eligible to attend, a school of the school district. (2) The total amount in lieu of property taxes transferred pursuant to Section 47635 to the charter school or schools that it sponsors, except for transfers in lieu of property taxes made for pupils who reside in, and would otherwise be eligible to attend, a school of the school district. (c) In no event shall the amount provided pursuant to this section exceed the amount in lieu of property taxes transferred on behalf of charter school pupils who do not reside in the school district, less the proportionate amount of base grant state aid provided pursuant to Section 42238.02, as implemented by Section 42238.03, that is attributable to the charter school pupils who do not reside in the school district. (d) The Superintendent shall not apportion funds for the attendance of a pupil in a charter school of a nonbasic aid school district who resides in, and is otherwise eligible to attend school in, a basic aid school district unless the pupil is subject to the exceptions set forth in paragraph (5) of subdivision (b), and subdivision (c), of Section 47635. (e) For purposes of this section, “basic aid school district” means a school district that does not receive from the state, for any fiscal year in which the subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02. (Amended by Stats. 2018, Ch. 32, Sec. 45. (AB 1808) Effective June 27, 2018.)
  188. 48000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section sets age-based admission rules for kindergarten and transitional kindergarten, and imposes class-size, adult-ratio, teacher-qualification, and reporting requirements on school districts and charter schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 48000. (a) A child shall be admitted to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their fifth birthday on or before one of the following dates: (1) December 2 of the 2011–12 school year. (2) November 1 of the 2012–13 school year. (3) October 1 of the 2013–14 school year. (4) September 1 of the 2014–15 school year and each school year thereafter. (b) The governing board of the school district of a school district maintaining one or more kindergartens may, on a case-by-case basis, admit to a kindergarten a child having attained the age of five years at any time during the school year with the approval of the parent or guardian, subject to the following conditions: (1) The governing board of the school district determines that the admittance is in the best interests of the child. (2) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance. (c) (1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the following: (A) In the 2012–13 school year, a child who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (B) In the 2013–14 school year, a child who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (C) From the 2014–15 school year to the 2021–22 school year, inclusive, a child who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (D) In the 2022–23 school year, a child who will have their fifth birthday between September 2 and February 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (E) In the 2023–24 school year, a child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (F) In the 2024–25 school year, a child who will have their fifth birthday between September 2 and June 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (G) In the 2025–26 school year, and in each school year thereafter, a child who will have their fourth birthday by September 1 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (2) (A) In any school year, a school district or charter school may, at any time during a school year, admit a child to a transitional kindergarten program who will have their fifth birthday after the date specified for the applicable year in subparagraphs (A) to (F), inclusive, of paragraph (1) but during that same school year, with the approval of the parent or guardian, subject to the following conditions: (i) The governing board of the school district or the governing body of the charter school determines that the admittance is in the best interests of the child. (ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance. (B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to subparagraph (A) shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year. (d) For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. (e) A transitional kindergarten shall not be construed as a new program or higher level of service. (f) It is the intent of the Legislature that transitional kindergarten curriculum be aligned to the California Preschool/Transitional Kindergarten Learning Foundations developed by the department. (g) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall do all of the following: (1) Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school: (A) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation. (B) (i) “Active enrollment count” for purposes of subparagraph (C) means the count of all pupils enrolled in a class with transitional kindergarten pupils on the first day of the school year on which the class was in session, plus all later enrollees, minus all withdrawals since that first day. An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year. (ii) For school districts, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who meet the minimum day requirements for independent study and are continually enrolled in independent study for more than 14 schooldays in a school year. (iii) For charter schools, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering, as described in Section 11960 of Title 5 of the California Code of Regulations. (C) “Average number of pupils enrolled per class” means the quotient of the sum of the active enrollment counts made under subparagraph (B) divided by the total number of those active enrollment counts for each class of the schoolsite. (D) “Average transitional kindergarten class enrollment” means the quotient of the sum of the average number of pupils enrolled per class determined pursuant to subparagraph (C) of all classes at the schoolsite divided by the total number of all classes at the schoolsite that include transitional kindergarten pupils, rounded to the nearest half or whole integer. (2) Commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school: (A) “Total transitional kindergarten enrollment” is the sum of the average number of pupils enrolled per class of all classes at the schoolsite, as determined in subparagraph (C) of paragraph (1). (B) “Number of adults” shall be determined for each schoolsite as follows: (i) A count of employees of the school district or charter school assigned to each class at the schoolsite that includes transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year. (ii) The sum of all of the adult counts pursuant to clause (i) shall be divided by the total number of those counts, rounded to the nearest half or whole integer. (C) “Adult-to-pupil ratio” shall be the quotient of the total transitional kindergarten enrollment divided by the total number of adults, rounded to the nearest half or whole integer. (3) (A) Commencing with the 2025–26 school year, and for each year thereafter, maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms. (B) It is the intent of the Legislature to appropriate funds for purposes of this paragraph. (4) Ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, one of the following: (A) At least 24 units in early childhood education, childhood development, or both. (B) As determined and documented by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children meeting the criteria established by the governing board or body of the local educational agency that is comparable to the 24 units of education described in subparagraph (A). (C) A child development teacher permit, or an early childhood education specialist credential, issued by the Commission on Teacher Credentialing. (h) A school district or charter school may place four-year-old children, as defined in Section 8205, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled: (1) An observation using the Classroom Assessment Scoring System (CLASS) tool and CLASS Environment tool shall be completed for the classroom. (2) All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 17702 of Title 5 of the California Code of Regulations. (3) The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b) of Section 44256 and who meets the requirements set forth in subdivision (g). (4) The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8241. (5) Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program. (i) Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. (j) A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional kindergarten for a second year or children enrolled in kindergarten in that classroom. (k) A child’s eligibility for transitional kindergarten enrollment under paragraph (1) or (2) of subdivision (c) shall not impact family eligibility for a preschool or childcare program, including, but not limited to, all of the following: (1) A Head Start or Early Head Start program, as defined by the federal Head Start Act, as amended (42 U.S.C. Sec. 9801 et seq.). (2) A childcare center, family childcare home, or license-exempt provider serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (3) A migrant childcare and development program serving children pursuant to Chapter 6 (commencing with Section 10235) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (4) A childcare center or family childcare home educational network serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1. (5) A childcare center, family childcare home, or license-exempt provider serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (6) A family childcare home educational network serving children pursuant to Chapter 8 (commencing with Section 10250) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (7) Childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (8) A program serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (l) (1) The Superintendent shall authorize California state preschool program contracting agencies to offer less than four hours each instructional day of wraparound childcare services within a part-day California state preschool program for children enrolled in an education program as a transitional kindergarten or kindergarten pupil, if their families meet the requirements of Section 8208. (2) The Superintendent shall authorize California state preschool programs operating on a local education agency campus to operate a part-day California state preschool program that allows flexibility in the operational hours and enrollment cutoff dates to better align with the enrollment for the new school year. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision the department shall implement this subdivision, through management bulletins or similar letters of instruction on or before December 31, 2022. (Amended by Stats. 2024, Ch. 38, Sec. 50. (SB 153) Effective June 29, 2024.)
  189. 48000.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    If a school district or charter school does not meet specified transitional kindergarten requirements, the Superintendent must withhold part of its funding entitlement. The section also sets a teacher-qualification deadline and exempts certain substitute-permit holders from one requirement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 48000.1. (a) For the purposes of subparagraphs (A) and (B) of paragraph (4) of subdivision (g) of Section 48000, “units” means semester units, or their quarterly equivalent, as used for the purposes of a degree program at the University of California, California State University, California Community Colleges, or independent institutions of higher education, as defined in Section 66010. (b) (1) Commencing with the 2022–23 school year, if a school district or charter school fails to comply with the requirements of paragraphs (1) to (4), inclusive, of subdivision (g) of Section 48000, the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 the sum of the following: (A) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (2) of subdivision (g) of Section 48000, the amount determined by multiplying: (I) The number of additional adults needed to meet the requirements of paragraph (2) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 12, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000. (II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (III) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02. (ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (3) of subdivision (g) of Section 48000, the amount determined by multiplying: (I) The number of additional adults needed to meet the requirements of paragraph (3) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 10, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000. (II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (III) The per average daily attendance rate determined pursuant to paragraph (3) of subdivision (g) of Section 42238.02. (B) For school districts and charter schools that fail to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, met one of the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000, the amount determined by multiplying: (i) The number of credentialed teachers that did not meet the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. (ii) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (iii) The per average daily attendance rate pursuant to subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02. (iv) The quotient of the sum of all schooldays on which all teachers identified pursuant to clause (i) rendered any amount of service in a classroom with transitional kindergarten pupils without meeting the applicable requirements divided by the total days of instruction for those teachers. (C) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02. (ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the transitional kindergarten average daily attendance for the second principal apportionment period for the affected schoolsites by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02. (2) The requirements of paragraphs (1), (2), and (4) of subdivision (g) of Section 48000, and, if operative, the requirements of paragraph (3) of subdivision (g) of Section 48000, shall apply to any classroom providing instruction to pupils enrolled in a transitional kindergarten program. (c) The Superintendent shall adjust an amount withheld pursuant to the requirements of subdivision (b) to ensure that the total amount withheld does not exceed the product of both of the following: (1) The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school. (2) The sum of the per average daily attendance rates of all of the following: (A) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02. (B) Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02. (C) Paragraph (2) of subdivision (g) of Section 42238.02. (d) An individual with a substitute permit or teaching permit authorized by the Commission on Teacher Credentialing pursuant to subdivision (m) of Section 44225 or Section 44300 of this code, or Sections 80025, 80025.1, and 80025.2 of Title 5 of the California Code of Regulations, that provides substitute teaching services in a transitional kindergarten classroom, shall not be subject to the requirements of paragraph (4) of subdivision (g) of Section 48000. (Amended by Stats. 2025, Ch. 744, Sec. 8. (SB 147) Effective October 13, 2025.)
  190. 48000.15.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section sets staffing and enrollment rules for transitional kindergarten classrooms with early enrollment children, limits class size, requires some reporting, and ties noncompliance to funding withholding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 48000.15. (a) It is the intent of the Legislature that each transitional kindergarten classroom that includes an early enrollment child maintains at least one adult for every 10 pupils, and that credentialed teachers who are first assigned to a transitional kindergarten classroom that includes one or more early enrollment children meet at least one of the requirements specified subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. (b) For purposes of this section, the following definitions apply: (1) (A) “Active enrollment count” means the count of all pupils enrolled in a transitional kindergarten classroom with early enrollment children on the first day of the school year on which the class was in session, plus all subsequent enrollees, minus all withdrawals since that first day. (B) An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year. (C) (i) For school districts, the active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who (I) meet the minimum day requirements for independent study and (II) are continually enrolled in independent study for more than 14 schooldays in a school year. (ii) For charter schools, the active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering requirement, as described in Section 11960 of Title 5 of the California Code of Regulations. (2) “Adult-to-pupil ratio” shall be the quotient of the active enrollment count divided by the total number of adults, rounded to the nearest half or whole integer. (3) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation. (4) “Early enrollment child” means a child whose fourth birthday will be between the third of June and first of September, inclusive, preceding the school year during which they are enrolled in a transitional kindergarten classroom. (5) “Number of adults” shall be determined for each classroom subject to this section as follows: (A) A count of employees of the school district or charter school assigned to each class that includes early enrollment transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year. (B) The sum of all of the adult counts pursuant to subparagraph (A) shall be divided by the total number of those counts, rounded to the nearest half or whole integer. (c) (1) Beginning July 1, 2023, and for the 2023–24 and 2024–25 school years, any school district or charter school that offers transitional kindergarten to early enrollment children shall concurrently offer enrollment in a California state preschool program that is operated by the school district or charter school if the school district or charter school operates a California state preschool program and if that program is not fully subscribed, and may, notwithstanding Section 8208, enroll an early enrollment child in a California state preschool program operated by the school district or charter school, regardless of income, after all other eligible children have been enrolled. (2) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to this section shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained their fifth birthday. (d) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (c) of Section 48000, a school district or charter school may enroll an early enrollment child in a transitional kindergarten program if all of following conditions are met: (1) Any classroom that includes an early enrollment child shall maintain an adult-to-pupil ratio of at least one adult to every 10 pupils. (2) The school district or charter school prioritizes assigning credentialed teachers that meet at least one of the requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000 to early enrollment transitional kindergarten classrooms, to the extent possible. (3) Any transitional kindergarten classroom that includes an early enrollment child shall maintain a classroom enrollment that does not exceed 20 pupils. (e) (1) If a school district or charter school fails to comply with the requirements of paragraph (1) or (3) of subdivision (d), the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 an amount pursuant to the following: (A) For school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (1) of subdivision (d) for classrooms that include an early enrollment child, the amount shall be determined by multiplying: (i) The number of additional adults needed to meet the requirements of paragraph (1) of subdivision (d), as calculated by dividing the total enrollment pupils in each transitional kindergarten classroom with early enrollment children, by 10, rounded to the nearest half or whole integer, minus the total number of adults assigned to the classroom, as determined pursuant to subparagraph (B) of paragraph (3) of subdivision (b). (ii) Twenty, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth. (iii) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02. (B) For school districts and charter schools that fail to maintain a class enrollment of not more than 20 pupils, as required pursuant to paragraph (3) of subdivision (d), the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten classrooms with early enrollment children by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district or charter school fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02. (2) The Superintendent shall adjust an amount withheld pursuant to the requirements of paragraph (1) in order to ensure that the total amount withheld pursuant to paragraph (1) and Section 48000.1 does not exceed the product of both of the following: (A) The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school. (B) The sum of the per average daily attendance rates of all of the following: (i) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02. (ii) Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02. (iii) Paragraph (2) of subdivision (g) of Section 42238.02. (f) For the 2023–24 and 2024–25 school years, any school district or charter school that serves early enrollment children in transitional kindergarten shall report to the department, pursuant to a process determined by the department, the number of teachers in transitional kindergarten classrooms with early enrollment children that did not meet at least one of the requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. The department shall submit a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance by October 1, 2024, and again by October 1, 2025, that includes this information, disaggregated by each school district and charter school. (g) For the 2023–24 and 2024–25 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in paragraphs (1) and (3) of subdivision (d). (h) This section shall become inoperative on July 1, 2025. (Amended by Stats. 2023, Ch. 194, Sec. 13. (SB 141) Effective September 13, 2023. Inoperative July 1, 2025, by its own provisions.)
  191. 48002.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A parent or guardian must show proof of a child’s minimum age before the child can enter kindergarten or first grade in a school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 48002. The parent or guardian of a child shall, prior to the admission of the child to the kindergarten or first grade of a school district, present proof to the authorities of the district evidencing that the child is of the minimum age fixed by law for admission thereto. The method of proof of age shall be prescribed by the governing board, and the evidence may be in the form of a certified copy of a birth record or a statement by the local registrar or a county recorder certifying the date of birth, or a baptism certificate duly attested, or a passport, or, when none of the foregoing is obtainable, an affidavit of the parent, guardian, or custodian of the minor, or any other appropriate means of proving the age of the child as prescribed by the governing board of the school district. (Amended by Stats. 1990, Ch. 700, Sec. 1. Effective September 12, 1990.)
  192. 48003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A local educational agency must give the department an annual kindergarten-program report starting with the 2015–16 school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 48003. Commencing with the 2015–16 school year, a local educational agency shall provide an annual report to the department that contains information on the type of kindergarten program offered by the local educational agency, including part-day, full-day, or both, in a manner determined by the department. (Amended by Stats. 2015, Ch. 303, Sec. 100. (AB 731) Effective January 1, 2016.)
  193. 48004.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section creates a statewide screening process for transitional kindergarten pupils who speak a primary language other than English, and it sets rules for who selects the screening tools, when screening starts, and how the results may be used.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Kindergartens [48000 - 48004] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 48004. (a) The Legislature finds and declares all of the following: (1) With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language. (2) The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy. (3) Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils. (4) With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate. (5) As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status. (6) It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten. (7) It is further the intent of the Legislature that local educational agencies provide language development support to multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism. (8) It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening. (b) (1) (A) By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support the identification of multilingual learners in transitional kindergarten. (B) The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs. (2) (A) For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes: (i) To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and free of cost to, local educational agencies. (ii) To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c). (B) Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2028. (3) For purposes of this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (c) (1) (A) Commencing with the 2027–28 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section 48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (B) The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (2) In the 2026–27 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (d) The screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements: (1) Have psychometric properties of reliability and validity deemed adequate by technical experts. (2) Be developmentally and age-appropriate for pupils in transitional kindergarten. (3) Be capable of administration to pupils with a primary language other than English. (4) Be capable of administration by classroom teachers or other adults assigned to the classroom. (5) Not discriminate on the basis of race, ethnicity, or gender. (e) Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program. (f) Results of the screening administered pursuant to this section shall not be used for any of the following: (1) To identify a pupil as an English learner pursuant to Section 306. (2) Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs. (g) (1) This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Sections 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive. (2) This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810. (h) This section does not preclude an educator from providing language development support to pupils in transitional kindergarten based on classroom observations and the educator’s interactions with a pupil. (i) For purposes of this section, the following definitions apply: (1) “English learner” has the same meaning as defined in subdivision (a) of Section 306. (2) “Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations. (3) “Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (k) Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent. (Added by Stats. 2025, Ch. 8, Sec. 42. (AB 121) Effective June 27, 2025.)
  194. 48010.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Elementary Schools [48010 - 48011] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A child must be admitted to first grade during the first month of the school year if the child turns six by the listed cutoff date; a school district board may allow late admission for good cause.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Elementary Schools [48010 - 48011] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48010. (a) A child shall be admitted to the first grade of an elementary school during the first month of a school year if the child will have his or her sixth birthday on or before one of the following dates: (1) December 2 of the 2011–12 school year. (2) November 1 of the 2012–13 school year. (3) October 1 of the 2013–14 school year. (4) September 1 of the 2014–15 school year and each school year thereafter. (b) For good cause, the governing board of a school district may permit a child of proper age to be admitted to a class after the first school month of the school term. (Amended by Stats. 2010, Ch. 705, Sec. 4. (SB 1381) Effective January 1, 2011.)
  195. 48011.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Elementary Schools [48010 - 48011] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A child who finished one year of kindergarten generally must be admitted to first grade, unless the parent or guardian and the school district agree to keep the child in kindergarten for one more year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Elementary Schools [48010 - 48011] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48011. A child who, consistent with Section 48000, has been admitted to the kindergarten maintained by a private or a public school in California or any other state, and who has completed one school year therein, shall be admitted to the first grade of an elementary school unless the parent or guardian of the child and the school district agree that the child may continue in kindergarten for not more than an additional school year. A child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district, in accordance with rules and regulations adopted by the State Board of Education, to be ready for first-grade work may be admitted to the first grade at the discretion of the school administration of the district and with the consent of the child’s parent or guardian if the child is at least five years of age. When a child has been legally enrolled in a public school of another district within or out of the state, he or she may be admitted to school and placed in the grade of enrollment in the district of former attendance, at the discretion of the school administration of the district entered. (Amended by Stats. 1991, Ch. 221, Sec. 2.)
  196. 48031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. High Schools [48031- 48031.] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    An eligible person who does not live in a high school district or unified school district may attend high school in a district in the county or in another county.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. High Schools [48031- 48031.] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48031. Any person who is eligible to attend high school and who does not reside in a high school district or in a unified school district may attend high school in any high school district or unified school district in the county in which he or she resides or in another county. (Amended by Stats. 1994, Ch. 1186, Sec. 19. Effective January 1, 1995.)
  197. 48050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may admit pupils from a contiguous adjoining state if the county superintendent approves.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 48050. (a) The governing board of any school district may, with the approval of the county superintendent of schools, admit to the elementary and high schools of the school district pupils living in an adjoining state that is contiguous to the school district. An agreement shall be entered into between the governing board of the school district in this state and the governing board or authority of the school district in which the pupils from the adjoining state reside providing for the payment by the latter of an amount sufficient to reimburse the school district of attendance for the total cost of educating the pupil, including the total of the amounts expended per pupil for the current expenses of education, the use of buildings and equipment, the repayment of local bonds and interest payments and state building loan funds, capital outlay, and transportation to and from school. The amount of the tuition for the current expenses of education per unit of average daily attendance of pupils from the adjoining state shall equal the average current expenditure, exclusive of all transportation expenditures, per unit of average daily attendance in the school district of attendance. The per pupil cost attributable to capital outlay shall be on the basis of an average expenditure for the preceding five years. The cost of transportation shall not exceed ten dollars ($10) per month. Tuition payments shall be made during the school year with final payment at the end of the school year after all costs have been determined. If the amount paid is more or less than the total cost of education and transportation, adjustment shall be made for the following semester or school year. The attendance of the pupils shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of state funds. In lieu of entering an agreement with the governing board or authority of the school district in which the pupil from the adjoining state resides, the governing board of the school district in this state may enter an agreement with the parent or guardian of the pupil on the same terms as is provided in this subdivision. (b) This section is inapplicable to a pupil attending a school in a school district pursuant to Section 48204.4 and the pupil shall be included in computing the average daily attendance of the school for the purpose of obtaining apportionment of state funds. (Amended by Stats. 2017, Ch. 498, Sec. 1. (SB 257) Effective January 1, 2018.)
  198. 48051.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    A district governing board may admit otherwise eligible students who live in a foreign country adjacent to the state and return there within 24 hours.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 48051. Any person, otherwise eligible for admission to any class or school of a school district of this state, whose parents are or are not citizens of the United States, whose actual and legal residence is in a foreign country adjacent to this state, and who regularly returns within a 24-hour period to said foreign country may be admitted to the class or school of the district by the governing board of the district. (Enacted by Stats. 1976, Ch. 1010.)
  199. 48052.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    For certain nonresident admissions, the school district may require the parent or guardian to pay tuition up front, limited to the district’s total education cost, and transportation costs cannot exceed $10 per month.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 48052. (a) The governing board of the school district shall, as a condition precedent to the admission of any person, under Section 48051, require the parent or guardian of such person to pay to the school district an amount not more than sufficient to reimburse the school district for the total cost of educating the person, including the total of the amounts expended per pupil for the current expenses of education, the use of buildings and equipment, the repayment of local bonds and interest payments and state building loan funds, capital outlay, and transportation to and from school. The per pupil cost attributable to capital outlay shall be on the basis of an average expenditure for the preceding five years. The cost of transportation shall not exceed ten dollars ($10) per month. Tuition payments shall be made in advance for each month or semester during the period of attendance. If the amount paid is more or less than the total cost of education and transportation, adjustment shall be made for the following semester or school year. The attendance of the pupils shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of state funds. The school district shall not be eligible for nonimmigrant or noncitizen reimbursement under the provisions of Chapter 11 (commencing with Section 42900) of Part 24 of Division 3 of this title, Article 2 (commencing with Section 56865) of Chapter 6 of Part 30 of this division for these pupils. (b) This section is inapplicable to a pupil attending a school in a school district pursuant to Section 48204.4 and the pupil shall be included in computing the average daily attendance of the school for the purpose of obtaining apportionment of state funds. (Amended by Stats. 2017, Ch. 498, Sec. 2. (SB 257) Effective January 1, 2018.)
  200. 48053.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    School districts may not require apprentices, or their parents or guardians, to pay charges or fees for admission or attendance, except as provided in Labor Code Section 3074.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Admission [48000 - 48071] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Nonresidents [48050 - 48054] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 48053. Notwithstanding any other provisions of this code, and except as provided in Section 3074.7 of the Labor Code, no charges or fees of any kind shall be required to be paid by any apprentice, or by his parents or guardian, for admission or attendance in any class in any school district which provides instruction under Section 3074 of the Labor Code in accord with the requirements of subdivision (d) of Section 3078 of that code. (Amended by Stats. 1980, Ch. 750, Sec. 4. Effective July 28, 1980.)

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