47613.7.
(a) A charter school shall not offer any financial incentives to a pupil or prospective pupil or to the parent or guardian of a pupil or prospective pupil for enrollment, referral, retention, or participation in an educational enrichment activity. A charter school shall not offer any financial incentive to a teacher for enrollment, referral, or retention of any pupil.(b) A nonclassroom-based charter school may only enter into an agreement for the provision or arrangement of educational enrichment activities with a vendor that is vetted and approved pursuant to subdivisions (c) and (d). A nonclassroom-based charter school may expend public funds for the provision or arrangement of educational enrichment activities, provided that all educational enrichment activities, materials, programs, and the organizations that provide educational enrichment activities are nonsectarian. Funds that are allocated for an educational enrichment activity shall not be used to pay tuition at a private school.
(c) For purposes of subdivision (b), in approving any contract for vendor services for educational enrichment activities, the governing body of the nonclassroom-based charter school shall establish policies and procedures to ensure educational value, pupil safety, and fiscal reasonableness that, at a minimum, do all of the following:
(1) Ensure a reasonable market value for the service provided.
(2) Require all vendors to provide proof of valid and appropriate insurance, business licenses, or other certification.
(3) Require all vendor personnel responsible for supervising pupils to provide a valid criminal record summary, as described in Section 45125.1.
(4) Require all vendors to have policies and procedures related to pupil and site safety, emergency response, and accident reporting that are reasonable for the instruction or activity.
(5) Require all vendors to provide evidence of qualification and expertise for the activities or instruction to be provided.
(6) Prohibit the nonclassroom-based charter school from paying any vendor for educational enrichment activities before approval.
(d) (1) Sections 17604 and 17605 of this code and Section 20111 of the Public Contract Code shall apply to a nonclassroom-based charter school for all contracts for vendor services for educational enrichment activities. The extent of a nonclassroom-based charter school’s compliance with this paragraph shall be reviewed and reported as part of the annual, independent financial audit that a charter school is required to transmit pursuant to subdivision (m) of Section 47605 or subdivision (m) of Section 47605.6.
(2) A nonclassroom-based charter school shall submit the policies and procedures established pursuant to subdivision (c) to the chartering authority for consideration and approval as a material revision by July 1, 2021.
(e) A nonclassroom-based charter school shall certify that all vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c) and meet the criteria in subdivision (d), and provide that certification to the chartering authority. A chartering authority shall perform spot audits to confirm that the vendor services for educational enrichment activities comply with the policies and procedures established pursuant to subdivision (c) and meet the criteria in subdivision (d).
(f) Approval of the policies and procedures established in accordance with subdivisions (b) to (d), inclusive, shall be included in the audit reports for each fiscal year developed and reported using the format established by the Controller pursuant to Section 41020.
(g) Any educational enrichment activity provided by a nonclassroom-based charter school shall be approved and verified by the pupil’s assigned teacher as relevant to a specific educational assignment and educationally appropriate for that pupil.
(h) For purposes of this section, the following definitions apply:
(1) “Charter school” means a school established pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2, and includes a nonclassroom-based charter school.
(2) “Educational enrichment activity” includes, but is not necessarily limited to, activities relating to the arts, entertainment, recreation, technology, or other subjects that support the academic program offered by the school and are intended to support the intellectual and social development of pupils.
(3) “Nonclassroom-based charter school” means a charter school that offers nonclassroom-based instruction, as described in Section 47612.5.