Today's Law As Amended


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AB-1316 School accountability: financial and performance audits: charter schools: contracts.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 5027 of the Business and Professions Code is amended to read:

5027.
 (a)  The board shall by regulation prescribe, amend, or repeal rules including, but not necessarily  limited to, all of the following:
(a) (1)  A definition of basic requirements for continuing education.
(b) (2)  A licensee who plans, directs, or approves any financial or compliance audit report on any governmental agency shall complete a minimum of 24 hours of qualifying continuing education in the area of governmental accounting and auditing or related subjects during the two-year license renewal period.
(c) (3)  A licensee who provides audit, review, other attestation services, or issues compiled financial statement reports shall, during the two-year license renewal period, complete a minimum of 24 hours of qualifying continuing education in the area of accounting and auditing related to reporting on financial statements.
(d) (4)  A licensee with a valid permit to practice public accountancy shall, within a six-year period, complete a continuing education course on the provisions of this chapter and the rules of professional conduct.
(e) (5)  A licensee on inactive status shall complete the continuing education course required by subdivision (d) prior to  paragraph (4) before  reentering public practice.
(f) (6)  A delineation of qualifying programs for maintaining competency.
(g) (7)  A system of control and compliance reporting.
(8) The requirements prescribed for all licensees who plan, direct, or approve any financial or compliance audit report on school districts, county offices of education, or charter schools pursuant to Sections 41020.6 and 41020.7 of the Education Code.
(b)  In exercising its power under this section for the interests of consumer protection, the board shall establish standards which that  will assure reasonable currency of knowledge as a basis for a high standard of practice by licensees. The standards shall be established in a manner to assure that a variety of alternatives are available to licensees to comply with the continuing education requirements for renewal of licenses and taking cognizance of specialized areas of practice.

SEC. 2.

 Section 5029 of the Business and Professions Code is amended to read:

5029.
 The board may establish an advisory continuing education committee of nine members, six of whom shall be certified public accountants, two of whom shall be board members, one of whom is a public member of the board, and one of whom shall be a public accountant, to perform any of the following duties:
(a) To evaluate programs and advise the board as to whether they qualify under the regulations adopted by the board pursuant to subdivision (f) paragraph (6) of subdivision (a)  of Section 5027. Educational courses offered by professional accounting societies shall be accepted by the board as qualifying if the courses are approved by the committee as meeting the requirements of the board under the regulations.
(b) To consider applications for exceptions as permitted under Section 5028 and provide a recommendation to the board.
(c) To consider other advisory matters relating to the requirements of this article as the board may assign to the committee.

SEC. 3.

 Section 14500 of the Education Code is amended to read:

14500.
 It is the intent of the Legislature in enacting this chapter to promote accountability over public educational funding by establishing a new program to review and report on financial and compliance audits of school districts and the  districts, county  offices of county superintendents of education, and charter  schools. It is further the intent of the Legislature that the Controller shall have the primary responsibility for implementing and overseeing the program.

SEC. 4.

 Section 14502.1 of the Education Code is amended to read:

14502.1.
 (a) The Controller, in consultation with the Department of Finance and the State Department of Education, shall develop a plan to review and report on financial and compliance audits. The plan shall commence with the 2003–04 fiscal year for audits of school districts, other local educational agencies, and the offices of county superintendents of schools. The Controller, in consultation with the Department of Finance, the State Department of Education, and representatives of the California School Boards Association, the California Association of School Business Officials, the California County Superintendents Educational Service Association, the California Teachers Association, and  the California Society of Certified Public Accountants, shall recommend the statements and other information to be included in the audit reports filed with the state, and shall propose the content of an audit guide to carry out the purposes of this chapter. A supplement to the audit guide may be suggested in the audit year, following the above process, to address issues resulting from new legislation in that year that changes the conditions of apportionment. The proposed content of the audit guide and any supplement to the audit guide shall be submitted by the Controller to the Education Audits Appeal Panel for review and possible amendment.
(b) The audit guide and any supplement shall be adopted by the Education Audits Appeal Panel pursuant to the rulemaking procedures of the Administrative Procedure Act as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. It is the intent of the Legislature that, for the 2003–04 fiscal year, the audit guide be adopted by July 1 of the fiscal year to be audited. A supplemental audit guide may be adopted to address legislative changes to the conditions of apportionment. It is the intent of the Legislature that supplements be adopted before March 1 of the audit year. Commencing with the 2004–05 fiscal year, and each fiscal year thereafter, the audit guide shall be adopted by July 1 of the fiscal year to be audited. A supplemental audit guide may be adopted to address legislative changes to the conditions of apportionment.  The supplements shall be adopted before March 1 of the audit year. To meet these goals and to ensure the accuracy of the audit guide, the process for adopting emergency regulations set forth in Section 11346.1 of the Government Code may be followed to adopt the audit guide and supplemental audit guide. It is the intent of the Legislature that once the audit guide has been adopted for a fiscal year, as well as any supplement for that year, thereafter only suggested changes to the audit guide and any additional supplements need be adopted pursuant to the rulemaking procedures of the Administrative Procedure Act. The audit guide and any supplement shall be issued in booklet form and may be made available by any means deemed appropriate. The Controller and consultants in the development of the suggested audit guide and any supplement shall work cooperatively on a timeline that will allow the Education Audits Appeal Panel to meet the July 1 and March 1 issuance dates. Consistent with current practices for development of the audit guide before the 2003–04 fiscal year, the Controller shall provide for the adoption of procedures and timetables for the development of the suggested audit guide, any supplement, and the format for additions, deletions, and revisions.
(c) For the audit of school districts or county offices of education electing to take formal action pursuant to Sections 22714 and 44929, the audit guide content proposed by the Controller shall include, but not be limited to, the following:
(1) The number and type of positions vacated.
(2) The age and service credit of the retirees receiving the additional service credit provided by Sections 22714 and 44929.
(3) A comparison of the salary and benefits of each retiree receiving the additional service credit with the salary and benefits of the replacement employee, if any.
(4) The resulting retirement cost, including interest, if any, and postretirement health care benefits costs, incurred by the employer.
(d) The Controller shall annually prepare a cost analysis, based on the information included in the audit reports for the prior fiscal year, to determine the net savings or costs resulting from formal actions taken by school districts and county offices of education pursuant to Sections 22714 and 44929, and shall report the results of the cost analysis to the Governor and the Legislature by April 1 of each year.
(e) All costs incurred by the Controller to implement subdivision (c) shall be absorbed by the Controller.
(f) On or before January 1, 2015, the Controller, in consultation with the State Allocation Board, the Department of Finance, and the State Department of Education, shall submit content to the Education Audits Appeal Panel to be included in the audit guide, Standards and Procedures for Audits of California K-12 K–12  Local Educational Agencies beginning in the 2015–16 fiscal year, that is related to the financial and performance audits required for school facility projects, as described in Section 15286.
(g) Commencing with the 2022–23 fiscal year, the Education Audits Appeal Panel shall include both of the following in the audit guide, Standards and Procedures for Audits of California K–12 Local Educational Agencies:
(1) Certified public accountants and public accountants performing the audits shall receive all attendance accounting documentation, including master agreements and work samples, for independent study from school districts, county offices of education, and charter schools, and shall choose the samples themselves to audit. Certified public accountants and public accountants performing the audits shall verify pupil residences with pupil enrollment documentation, using a sample of pupil addresses, from the master agreements of independent study programs.
(2) Certified public accountants and public accountants performing the audits shall analyze enrollment at a charter school classified as a nonclassroom-based charter school for each fiscal year, and shall report to the department any instance where enrollment increases or decreases at the charter school by more than 5 percent during any month over the prior month.

SEC. 5.

 Section 17604 of the Education Code is amended to read:

17604.
 (a)  Wherever in this code the power to contract is invested in the governing board of the school district  district, the governing body of a charter school,  or any member thereof, the power may may,  by a majority vote of the governing  board or body,  be delegated to its district superintendent, or  superintendent or charter school administrator, or  to any persons that he or she  the district superintendent or charter school administrator  may designate, or if there be is  no district superintendent or charter school administrator,  then to any other officer or employee of the district or charter school  that the governing  board or body  may designate. The delegation of power may be limited as to time, money money,  or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board or body  may direct. However, no contract made pursuant to the delegation and authorization shall be valid or constitute an enforceable obligation against the district  school district or charter school  unless and until the same shall have been approved or ratified by the governing board,  board or body,  the approval or ratification to be evidenced by a motion of the governing  board or body  duly passed and adopted. In the event of malfeasance in office, the school district official invested by the governing board with the power of contract shall be personally liable to the school district employing him or her for any and all moneys of the district paid out as a result of the malfeasance. 
(b) In the event of malfeasance in office, the school district or charter school official invested by the governing board or body with the power of contract shall be personally liable to the school district or charter school employing the official for any and all moneys of the school district or charter school paid out as a result of the malfeasance.

SEC. 6.

 Section 17605 of the Education Code is amended to read:

17605.
 (a)  The governing board or body,  by majority vote vote,  may adopt a rule, delegating to any officer or employee of the district  school district or charter school  as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No rule shall authorize any officer or employee to make any purchases involving an expenditure by the district  school district or charter school  in excess of the amount specified by Section 20111 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board or governing body  every 60 days.
(b)  In the event of malfeasance in office, the school district or charter school  officer or employee invested by the governing board or governing body  with the power to contract shall be personally liable for any and all moneys of the district  school district or charter school  paid out as a result of the malfeasance.

SEC. 7.

 Section 33309.5 is added to the Education Code, to read:

33309.5.
 (a) The Office of the Inspector General is hereby established in the department. The Inspector General shall be appointed by the Governor, subject to confirmation by a majority of the membership of the Senate, without regard to political affiliation, and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Superintendent. The Superintendent shall not prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
(b) The Office of the Inspector General shall be responsible for all of the following:
(1) Conducting and supervising audits and investigations relating to the programs and operations of the department.
(2) Providing leadership and coordination relating to, and recommending policies for, the prevention and detection of fraud and abuse in the programs and operations of the department.
(3) Providing a means for keeping the Superintendent and the Legislature fully and currently informed about problems and deficiencies relating to the administration of the programs and operations of the department, and the necessity for and progress of corrective actions that the Inspector General deems to be appropriate.

SEC. 8.

 Section 37670 of the Education Code is amended to read:

37670.
 (a) Beginning in the 2022–23 school year, a school district shall not operate a program of multitrack year-round scheduling. A school district may be authorized to operate a multitrack calendar by the state board, pursuant to Section 37670.1, due to impacted facilities.
(a) (b)  Except as provided in Article 2 (commencing with Section 37680), a school district may operate a program of multitrack year-round scheduling at one or more schools within the district.  district with state board approval pursuant to Section 37670.1.  A program of multitrack year-round scheduling may operate at a schoolsite for as few as 163 days in each fiscal year if the governing board of the school district adopts a resolution at a regularly scheduled board meeting certifying that both of the following criteria are met at the schoolsite:
(1) The number of annual instructional minutes is not less than that of schools of the same grade levels utilizing using  the traditional school calendar.
(2) It is not possible for the school to maintain a multitrack schedule containing the same number of instructional days as are provided in schools of the district utilizing using  the traditional school calendar given the facilities, program, class sizes, and projected number of pupils enrolled at the schoolsite.
(b) (c)  A certificated employee working under a program described in this section, except one serving under an administrative or supervisorial credential who is assigned full time to a school in a position requiring qualifications for certification, shall work the same number of days and shall increase the number of minutes worked daily on a uniform basis.
(c) (d)  A program conducted pursuant to this section is eligible for apportionment from the State School Fund.

SEC. 9.

 Section 37670.1 is added to the Education Code, to read:

37670.1.
 The state board may waive the requirements of subdivision (a) of Section 37670 and subdivision (e) of Section 47612 if a school district or a classroom-based charter school demonstrates that it is unable to serve all of the pupils in a school without operating with facilities at maximum capacity year round, as determined by basic loading standards.

SEC. 10.

 Section 41020.4 is added to the Education Code, to read:

41020.4.
 (a) Commencing with the 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions necessary to require, at a minimum, all of the following supplemental information and schedules in audit report components for an audit of a charter school:
(1) Schedule of pupil enrollment: schedule of pupil enrollment by month, including beginning enrollment, additions, subtractions, and transfers, reconciled to ending enrollment and categorized by classroom based, independent study, summer schedule, enrichment, and other.
(2) Schedule of pupil attendance: schedule of pupil attendance by month, including beginning attendance, additions, subtractions, and transfers, reconciled to ending attendance and categorized by classroom based, independent study, summer schedule, enrichment, and other.
(3) Schedule of payments or transfers: schedule of the largest 25 payments or transfers of assets to organizations, determined by value accumulated over the fiscal year, including to individuals, corporations, partnerships, nonprofit organizations, and other organizations, but excluding governmental entities.
(4) Related parties: determining if a related entity, such as an entity managing a charter school, as defined by Section 47604.1, or similar third party with financial, economic, or controlling membership interest, exists with the charter school.
(A) If such a relationship exists, evaluate the level of the relationship to determine if it is material. For purposes of materiality, determine if the related party has a material financial, economic, or controlling interest in the charter school or can exercise material control, such as common management or board, majority voting interest, or sole corporate or statutory member or other arrangement.
(B) If such a relationship is material, ensure that the financial statements of the related entity are reviewed through a separate independent audit and consolidated into the charter school’s audit report pursuant to the related party disclosure rules of the Financial Accounting Standards Board Accounting Standards Codification and pronouncements, and other generally accepted accounting principles and constraints regarding when financial statement consolidation is required, permitted, and prohibited.
(C) If such a relationship is material and consolidation of financial reporting is required, then prepare a side-by-side comparison of board members and executive management.
(b) Commencing with the 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions necessary to require, at a minimum, that all of the following compliance procedures are performed in an audit of a charter school:
(1) Sample selection: where representative samples of pupils, pupil work product, financial transactions, or other sampling is required to be performed and selected, the certified public accountant or public accountant performing the audit shall identify and make that selection personally.
(2) Enrollment: for nonclassroom-based instruction and independent study, verify enrollment of pupils.
(A) Using appropriate sampling techniques, verify pupil enrollment, including obtaining a written confirmation from the parent or guardian of an enrolled pupil. The sampling shall include at least one sample from each attendance month.
(B) If any inappropriately reported enrollment is identified, state that in a finding.
(3) Attendance: determine whether P2 and annual reports of attendance submitted to the department include any days of attendance dedicated solely to enrichment activities and exclusive of instruction in core curricular areas.
(A) Verify the number of days of attendance.
(B) Verify that each day of each pupil’s attendance was recorded for any calendar day on which school was in session.
(C) Verify if the charter petition included a description of such enrichment activities.
(D) Report the number of days of attendance of such enrichment activities in the schedule of pupil attendance by month pursuant to paragraph (2) of subdivision (a).
(4) Teacher certification and misassignments: verify that each teacher possesses a valid certification document and is an employee of the charter school pursuant to subdivision (l) of Section 47605.
(5) Independent study.
(A) Verify that the frequency of the interaction between certificated employees of the charter school and each pupil generating average daily attendance through nonclassroom-based instruction complies with Section 51747.6.
(B) Verify that, if the charter school offers nonclassroom-based instruction, the charter school also provides classroom-based instruction for those pupils who the charter school determines shall return to another program in the charter school for which the pupil is enrolled, pursuant to subdivision (f) of Section 51747.
(c) Commencing with the 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions that ensure all of the following:
(1) All school districts, county offices of education, and charter schools are audited annually.
(2) All charter schools are audited, irrespective of the type of organizational entity.
(A) Financial statements. For materiality purposes, charter schools that are a component entity of a school district or county office of education and who report financial data in the general fund as opposed to other funds of the school district or county superintendent of schools, the certified public accountant or public accountant performing the audit shall sample transactions of the charter school as if the financial data of the charter school represented a major fund of the school district or county superintendent of schools.
(B) (i) Compliance requirements. For school districts and county superintendent of schools that operate both noncharter schools and charter schools, it is the intent of the Legislature that the certified public accountant or public accountant performing the audit shall sample activity from both charter schools and noncharter schools in conducting required compliance procedures.
(ii) Certified public accountants and public accountants performing audits of school districts and county offices of education shall develop a multiyear rotational schedule to ensure that charter schools that are a component entity of a school district or county office of education are sampled in conducting required compliance procedures no less than every three years.
(3) Certified public accountant and public accountant transaction sampling includes sample size and materiality levels appropriate for charter schools.
(4) All school districts, county offices of education, and charter schools shall follow the staffing ratios for independent study pursuant to Section 51745.6.
(5) All school districts, county offices of education, and charter schools are audited to verify the certification of methodology for time value assigned to pupil work pursuant to Section
51747.5.
(6) All school districts, county offices of education, and charter schools are audited to verify minimum instructional minutes, pursuant to Chapter 2 (commencing with Section 46100) of Part 26 of Division 4.
(d) Commencing with the 2022–23 fiscal year Guide for Annual Audits of K–12 Local Educational Agencies and State Compliance Reporting, the Controller shall incorporate, but is not necessarily limited to, the following:
(1) Requirements and instructions requiring certified public accountants and public accountants performing the audits to disclose the name, county-district-school code, and charter school number, if applicable, of schools that were selected for compliance sampling.
(2) The Controller’s Desk Review Checklist for K–12 local educational agencies.

SEC. 11.

 Section 41020.5 of the Education Code is amended to read:

41020.5.
 (a) (1)  If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Section Sections  41020 and 47604.2  were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as required by Section 14504, the Controller or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy.
(2)  If the certified public accountant or public accountant does not file an appeal in writing with the California Board of Accountancy within 30 calendar days after receipt of the notification from the Controller or county superintendent of schools, the determination of the Controller or county superintendent of schools pursuant to this section shall be final.
(b) If an appeal is filed with the California Board of Accountancy, the board shall complete an investigation of the appeal within 90 days of the filing date. On the basis of the investigation, the board may do either of the following:
(1) Find that the determination of the Controller or county superintendent of schools should not be upheld and has no effect.
(2) Schedule the appeal for a hearing, in which case, the final action on the appeal shall be completed by the board within one year from the date of filing the appeal.
(c) If the determination of the Controller or county superintendent of schools under subdivision (a) becomes final, the certified public accountant or public accountant shall be ineligible to conduct audits under Section Sections  41020 and 47604.2  for a period of three years, or, in the event of an appeal, for any period, and subject to the conditions, that may be ordered by the California Board of Accountancy. Not later than the first day of March of each year, the Controller shall notify each school district  district, charter school,  and county office of education of those certified public accountants or public accountants determined to be ineligible under this section. School districts  districts, charter schools,  and county offices of education shall not use the audit services of a certified public accountant or public accountant ineligible under this section.
(d) For the  purposes of this section, “certified public accountant or public accountant” includes any person or firm entering into a contract to conduct an audit under Section 41020. Sections 41020 and 47604.2. 
(e) This section shall not preclude the California Board of Accountancy from taking any disciplinary action it deems appropriate under other provisions of law. laws. 

SEC. 12.

 Section 41020.6 is added to the Education Code, to read:

41020.6.
 (a) The Legislature finds and declares all of the following:
(1) High quality audits of local educational agencies are necessary for consistent financial and compliance transparency and to produce essential accountability measures.
(2) The quality of audits of local educational agencies is directly influenced by the quality of certified public accountants and public accountants who serve as auditors.
(3) The quality of individual certified public accountant’s and public accountant’s work product is correlated to training and experience.
(b) On or before January 1, 2023, the California Board of Accountancy, in consultation with the Chief Executive Officer of the County Office Fiscal Crisis and Management Assistance Team, shall adopt regulations, as a condition of licensure renewal, for specific continuing education requirements for certified public accountants and public accountants who audit local educational agencies. The state board shall address in those regulations, at a minimum, all of the following:
(1) Within the existing 80 hours in a two-year period preceding license expiration, a requirement that 12 of the 80 hours shall be in the areas of accounting, auditing, or related subjects pertaining to California local educational agencies for certified public accountants and public accountants who are engaged in financial and compliance audits of a local educational agency.
(2) Among other training referenced in paragraph (1), the training shall include both of the following:
(A) Training on the specific requirements included in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.
(B) Training on compliance topics such as attendance, independent study, charter schools, nonclassroom-based instruction, school calendars, and instructional minutes.
(3) That such requirements shall apply to audits of local educational agencies, irrespective if the local educational agency is a governmental agency or a nonprofit organization.
(c) For purposes of this section, a “local educational agency” means a school district, county office of education, or charter school.

SEC. 13.

 Section 41020.7 is added to the Education Code, to read:

41020.7.
 (a) The Legislature finds and declares both of the following:
(1) High quality audits of local educational agencies, including traditional and charter public schools, are necessary for consistent financial and compliance transparency and to produce essential accountability measures.
(2) The quality of audits of local educational agencies is influenced and enhanced by a peer review process.
(b) On or before January 1, 2023, the California Board of Accountancy, in consultation with the Chief Executive Officer of the County Office Fiscal Crisis and Management Assistance Team, shall adopt regulations, for peer review, as a condition of an audit firm’s ability to perform audits of local educational agencies. The state board shall address in those regulations, at a minimum, all of the following:
(1) Definitions shall include a reference to local educational agencies as distinct from governmental agencies.
(2) Minimum requirements for a peer review program that shall include all of the following:
(A) A reference to local educational agencies as distinct from governmental agencies.
(B) A requirement, for those firms undergoing a peer review that conduct financial and compliance audits of local educational agencies, that the cross-section of a firm’s engagement includes (i) at least one audit of a local educational agency, and (ii) if the firm conducts financial or compliance audits of charter schools, at least one audit of a charter school.
(C) A requirement that firms engaged in peer reviews of firms performing financial and compliance audits for local educational agencies have current knowledge of the professional standards related to accounting and auditing of local educational agencies, including where applicable, charter schools.
(c) For purposes of this section, a “local educational agency” means a school district, county office of education, or charter school.

SEC. 14.

 Section 44258.9 of the Education Code is amended to read:

44258.9.
 (a) (1) The Legislature finds and declares that continued monitoring of teacher assignments by county superintendents of schools will help ensure that local educational agencies meet the reporting requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of teacher misassignments remains low. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e).
(2) The commission and the department shall perform the duties specified in this section.
(3) Teacher assignment monitoring and the requirements of this section shall be executed in a manner consistent with the statewide system of support and the school accountability system established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4, and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act.
(b) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, charter school, or state special school.
(2) “Misassignment” has the same meaning as defined in Section 33126. For purposes of this section, “employee,” as used in the definition of “misassignment” in Section 33126, includes an individual hired on a contract. For purposes of this section, in a charter school, “misassignment” shall apply only to employees in teaching positions. 
(3) “Monitoring authority” means:
(A) The county office of education for school districts in the county and programs operated by the county office of education.
(B) The commission for a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the state special schools.
(C) The chartering authority for a charter school.
(4) “System,” unless the context requires otherwise, means the State Assignment Accountability System, which is an electronic data system administered by the commission for monitoring teacher assignments and vacant positions.
(5) “Vacant position” means a position to which a single-designated certificated employee has not been assigned at the beginning of the year or, if the position is for a one-semester course, a position to which a single-designated certificated employee has not been assigned at the beginning of a semester.
(c) The commission and the department shall enter into a data sharing agreement to provide the commission with employee assignment data necessary to annually identify misassignments and vacant positions at local educational agencies. The data sharing agreement shall also require the commission to make credential, misassignment, and other relevant data available to the department to support reporting consistent with the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act.
(d) The commission may engage in a variety of activities designed to inform school administrators, teachers, and personnel within the county offices of education of the regulations and statutes affecting the assignment of employees. These activities may include, but shall not necessarily be limited to, the preparation of instructive brochures and the holding of regional workshops.
(e) (1) The commission shall annually use the data provided by the department pursuant to subdivision (c) to produce an initial data file of vacant positions and certificated employee assignments that do not have a clear match of credential to assignment. The commission shall notify local educational agencies and monitoring authorities of the opportunity to access the system and review the initial data file of potential misassignments and vacant positions.
(2) A local educational agency may do any of the following within 60 days of the commission’s notification pursuant to paragraph (1):
(A) Access and review the initial data file in the system to determine if each employee included in the initial data file is otherwise legally authorized for the assignment.
(B) Submit documentation or additional assignment information to the commission and monitoring authority showing that the employee is otherwise legally authorized for the assignment. This information may include the use of local assignment options outlined in any statute or regulation.
(C) Submit documentation to the commission and monitoring authority showing that a position identified in the initial data file as vacant was miscoded and that a legally authorized employee was assigned to the position.
(3) Information submitted to the commission and monitoring authority pursuant to paragraph (2) shall be submitted electronically through the system.
(4) A monitoring authority shall access the system to review the initial data file and any documentation or additional information submitted by a local educational agency for which it is a monitoring authority and make a determination of potential misassignments and vacant positions within 90 days of the commission’s notification pursuant to paragraph (1).
(5) After the 90-day review period pursuant to paragraph (4), the commission shall report the misassignments and vacant positions for that year.
(6) The commission shall have the authority to make a final determination for all potential misassignments.
(7) Notwithstanding any other law, the commission, when identifying misassignments using the system, shall identify an employee in a teaching position, including an employee of a charter school, as correctly assigned only when the employee holds the certificate or credential required by the commission for that assignment in a noncharter public school, taking into account local assignment options.
(8) Commencing in the 2020–21 school year, a chartering authority, as provided in this section, may request technical assistance to assist in its determination of potential misassignments and vacant positions from the county office of education in the county in which the chartering authority is located.
(9) For a school district, the county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment misassignment,  and shall advise the school administrator to correct the assignment within 30 calendar days. For a charter school, the monitoring authority shall notify the charter school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment misassignment,  and shall advise the charter school administrator to correct the assignment within 30 calendar days.
(f) The system and the data reported from the system shall not be used by a local educational agency for purposes of evaluating certificated employees, certificated employee performance determinations, or employment decisions.
(g) If an employee, including an employee who is employed by a charter school, is required by a local educational agency to accept an assignment in a teaching or services position for which the employee has no legal authorization, all of the following shall occur:
(1) (A) After exhausting existing local remedies, an employee of a school district shall notify the superintendent of the school district, and an employee of a charter school shall notify the administrator of the charter school, in writing, of the illegal assignment.
(B) If no action is taken after the notice required pursuant to subparagraph (A), an employee of a school district shall notify the county superintendent of schools, and an employee of a charter school shall notify the chartering authority, in writing, of the illegal assignment.
(2) In the case of an assignment by a school district for which the employee has filed a notice that the employee has no legal authorization, the school district or county superintendent of schools shall advise the employee about the legality of the assignment within 15 working days. In the case of an assignment by a charter school for which the employee has filed a notice that the employee has no legal authorization, the administrator of the charter school or the chartering authority shall advise the employee about the legality of the assignment within 15 working days.
(3) A local educational agency shall not take adverse action against an employee who files a notice of misassignment pursuant to paragraph (1).
(4) Notwithstanding any other law, for purposes of a charter school authorized by the state board, the employee shall file the written notices regarding misassignment described in paragraph (1) with the commission.
(5) During the period of a misassignment, the certificated employee who files a written notice pursuant to subparagraph (B) of paragraph (1) shall be exempt from Section 45034.
(6) If it is determined that a misassignment has occurred, a performance evaluation pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of the certificated employee in the misassignment shall be nullified.
(7) A certificated employee who has not attained permanent status is subject to the protections described in this subdivision and subdivision (f) even if the certificated employee does not provide notice pursuant to paragraph (1).
(h) For the 2019–20 school year, the final data file generated by the system to identify misassignments and vacant positions shall be nonconsequential and shall be provided to the department, local educational agencies, and monitoring authorities by the commission for informational purposes only.
(i) Commencing with the 2020–21 school year, and each school year thereafter, following the 90-day review period provided for monitoring authorities pursuant to subdivision (e), the commission shall do all of the following:
(1) Make annual employee misassignment and vacant position data generated by the system publicly available in a searchable format on its internet website.
(2) Ensure that data for charter schools is distinguishable from data for noncharter public schools when made publicly available in a searchable format.
(3) Maintain each year’s data for no less than five years.
(4) Provide the department with annual data on the total number of misassignments at the schoolsite, school district, and county level.
(5) Ensure that the publicly available misassignment data reported from the system shall does  not include any personally identifiable information, including names, social security numbers, home addresses, telephone numbers, or email addresses of individual employees.
(j) The commission may promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns employees and what sanctions, if any, to impose on that local educational agency.
(k) (1) On or before December 1, 2022, the commission shall report to the appropriate policy and fiscal committees of the Legislature on the development of the system, including, but not limited to, all of the following:
(A) The development and current status of the system.
(B) The ability of the system to efficiently produce accurate annual data on teacher misassignments.
(C) Statewide information regarding misassignments, delineated by credential type, assignment, and type of school.
(D) Use of local assignment options, delineated by local assignment option and type of school.
(E) Any recommendations to improve the system and the local assignment monitoring process required by this section.
(F) Identification of any need for further technical assistance for local educational agencies, including chartering authorities, to improve assignment monitoring and reduce the overall rate of misassignment.
(2) Pursuant to Section 10231.5 of the Government Code, the reporting requirement described in paragraph (1) shall be inoperative on December 1, 2026.
(l) This section shall not relieve a local educational agency from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “misassignment” for purposes of Section 33126.
(m) (1) A teacher of a course offered by a local educational agency in which pupils receive course credit or that count towards instructional minutes, or both, shall hold the certificate, permit, or other document required by the commission for that assignment and shall be monitored.
(2) A person who is employed by a vendor providing direct services to pupils at a local educational agency for which certification qualifications are established pursuant to Section 44065 and this chapter, except Sections 44266, 44267, 44267.5, 44268, and 44269, shall hold the certificate, permit, or other document required by the commission for their assignment, or an appropriately credentialed teacher shall be in immediate supervision and control of the pupils during direct services provided by the vendor. Direct services to pupils provided by the vendor shall be standards-aligned curriculum.
(3) A person who is employed by a vendor providing direct services to pupils at a local educational agency for which certification qualifications are established pursuant to Sections 44266, 44267, 44267.5, 44268, and 44269 shall hold the certificate, permit, or other document required by the commission for their assignment, or a pupil personnel services credentialholder shall supervise pupil personnel services provided by the vendor. Direct services to pupils provided by the vendor shall be standards-aligned curriculum.
(4) Courses in which pupils receive course credit or that count towards instructional minutes, or both, shall be reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 of Division 4.
(n) Notwithstanding subdivision (m), direct services to pupils provided pursuant to an individualized educational program may be conducted by a person employed by a vendor if that person is appropriately licensed or credentialed for that assignment.

SEC. 15.

 Section 46101 is added to the Education Code, immediately following Section 46100, to read:

46101.
 The state board may adopt regulations as it deems appropriate and consistent with this part. Upon the operative date of the act that added this section, pursuant to paragraph (4) of subdivision (a) of Section 47612.5, the state board shall adopt regulations specifying that the record of daily engagement is no longer required of a charter school day of nonclassroom-based independent study attendance.

SEC. 16.

 Section 46306 is added to the Education Code, to read:

46306.
 (a) The department, in consultation with the County Office Fiscal Crisis and Management Assistance Team, shall provide a report to the Legislature detailing the business and alternatives analysis of integrating the California Longitudinal Pupil Achievement Data System (CALPADS) and the average daily attendance apportionment data system for purposes of monitoring statewide average daily attendance by unique pupil identifier.
(b) The report shall include, but not necessarily be limited to, all of the following:
(1) A procurement and cost analysis to integrate CALPADS and the average daily attendance apportionment data system.
(2) The necessary timeline to complete an integration of CALPADS and the average daily attendance apportionment data system.
(3) The logistical and state- and end-user requirements for integrating CALPADS and the average daily attendance apportionment data system.
(4) A recommendation regarding the most efficient state department or entity to house an integrated CALPADS and the average daily attendance apportionment data system.
(5) A recommendation for a reasonable frequency for local educational agencies to report attendance information to the state.
(c) The report with recommendations shall be completed by January 1, 2024, and be presented to the appropriate policy and fiscal committees in the Legislature in compliance with Section 9795 of the Government Code.
(d) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 17.

 Section 47604.2 is added to the Education Code, to read:

47604.2.
 (a) The Legislature finds and declares all of the following:
(1) Accountability within public educational funding is the expressed interest of the Legislature.
(2) High quality audits of local educational agencies, including traditional and charter public schools, are necessary for financial and compliance transparency and to produce essential accountability measures.
(3) Consistent audit standards and reporting formats across local educational agencies is essential.
(b) (1) It is the intent of the Legislature to encourage sound fiscal management practices among charter schools for the most efficient and effective use of public funds for the education of pupils by strengthening fiscal accountability at the charter schools.
(2) Furthermore, it is the intent of the Legislature that all charter schools shall be audited, including those charter schools that are component entities of school districts, county offices of education, or nonprofit corporations.
(c) (1) No later than May 1 of each fiscal year, each chartering authority shall provide for an audit of all funds of charter schools authorized by that chartering authority, and the governing body of each charter school shall either provide for an audit of the books and accounts of the charter school, including an audit of income and expenditures by source of funds, or make arrangements with the chartering authority to provide for that auditing.
(2) If the governing body of a charter school has not provided for an audit of the books and accounts of the charter school by April 1, the chartering authority shall provide for the audit of the charter school.
(3) An audit conducted pursuant to this section shall comply with the applicable professional financial reporting and auditing standards promulgated in this nation.
(d) Each audit conducted in accordance with this section shall include all funds of the charter school, including the student body funds and accounts and any other funds under the control or jurisdiction of the charter school. Each audit shall also include an audit of pupil attendance procedures. Each audit shall include a determination of whether funds were expended pursuant to a local control and accountability plan or an approved annual update to a local control and accountability plan pursuant to Section 47606.5.
(e) All audit reports for each fiscal year shall be developed and reported using a format established by the Controller after consultation with the Superintendent and the Director of Finance.
(f) (1) The cost of the audits provided for by the chartering authority shall be paid from the revenue of the charter school.
(2) The cost of the audit provided for by a governing body of a charter school shall be paid from the revenue of the charter school.
(g) (1) The audits shall be conducted by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by the charter school or chartering authority, as applicable, from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local educational agencies, which shall be published by the Controller not later than December 31 of each year.
(2) It is unlawful for a public accounting firm to provide audit services to a charter school if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that charter school in each of the six previous fiscal years. The Education Audits Appeal Panel may waive this requirement if the panel finds that no otherwise eligible certified public accountant or public accountant is available to perform the audit.
(3) In determining certified public accountants and public accountants to include in the directory, the Controller shall use the same criteria as provided for in paragraph (3) of subdivision (f) of Section 41020.
(h) (1) The certified public accountant’s or public accountant’s report shall include all of the following:
(A) A statement that the audit was conducted pursuant to standards and procedures developed in accordance with Chapter 3 (commencing with Section 14500) of Part 9 of Division 1 of Title 1.
(B) A summary of audit exceptions and management improvement recommendations.
(C) An evaluation by the certified public accountant or public accountant performing the audit on whether there is substantial doubt about the ability of the charter school to continue as a going concern for a reasonable period of time. This evaluation shall be based on the Statement on Auditing Standards (SAS) No. 59, as issued by the American Institute of Certified Public Accountants regarding disclosure requirements relating to the ability of the entity to continue as a going concern.
(2) To the extent possible, a description of correction or plan of correction shall be incorporated in the audit report, describing the specific actions that are planned to be taken, or that have been taken, to correct the problem identified by the certified public accountant or public accountant performing the audit. The descriptions of specific actions to be taken or that have been taken shall not solely consist of general comments such as “will implement,” “accepted the recommendation,” or “will discuss at a later date.”
(i) No later than December 15, a report of each charter school audit for the preceding fiscal year shall be filed with the chartering authority, county superintendent of schools of the county in which the charter school is located, the department, and the Controller. The Superintendent shall make any adjustments necessary in future apportionments of all state funds, to correct any audit exceptions revealed by those audit reports.
(j) (1) Each chartering authority shall be responsible for reviewing the audit exceptions contained in an audit of a charter school under its jurisdiction and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed.
(2) If a description of the correction or plan of correction has not been provided as part of the audit required by this section, the chartering authority shall notify the charter school and request the governing body of the charter school to provide to the chartering authority a description of the corrections or plan of correction by March 15.
(3) The chartering authority shall review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the chartering authority shall require the charter school to resubmit that portion of its response that is inadequate.
(k) A chartering authority shall certify to the county superintendent of schools, the Superintendent, and the Controller, no later than May 15, that the staff of the chartering authority has reviewed all audits of charter schools under its jurisdiction for the prior fiscal year, that all exceptions that the charter schools were required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the charter schools or that an acceptable plan of correction has been submitted to the chartering authority. In addition, the chartering authority shall identify any attendance-related audit exception or exceptions involving state funds, and require the charter school to which the audit exceptions were directed to submit appropriate reporting forms for processing by the Superintendent.
(l) If the exceptions have not been corrected, in the audit of a charter school for a subsequent year, the certified public accountant or public accountant performing the audit shall review the correction or plan or plans of correction submitted by the charter school to determine if the exceptions have been resolved. If not, the certified public accountant or public accountant performing the audit shall immediately notify the appropriate chartering authority, county superintendent of schools, and the Superintendent, and restate the exception in the audit report. After receiving that notification, the Superintendent shall either consult with the charter school to resolve the exception or require the chartering authority to follow up with the charter school.
(m) (1) The Superintendent is responsible for ensuring that charter schools have either corrected or developed plans of correction for any one or more of the following:
(A) All federal and state compliance audit exceptions identified in the audit.
(B) Exceptions that the chartering authority certifies as of May 15 have not been corrected.
(C) Repeat audit exceptions that are not assigned to the chartering authority to correct.
(2) The Superintendent shall report annually to the Controller on the Superintendent’s actions to ensure that charter schools have either corrected or developed plans of correction for any of the exceptions described in paragraph (1).
(n) To facilitate correction of the exceptions identified by the audits issued pursuant to this section, the Controller shall require certified public accountants and public accountants performing the audits to categorize audit exceptions in each audit report in a manner that will make it clear to the chartering authority, the county superintendent of schools, and the Superintendent which exceptions they are responsible for ensuring the correction of by a charter school. In addition, the Controller annually shall select a sampling of chartering authorities and perform a followup of the audit resolution process of those chartering authorities and report the results of that followup to the applicable chartering authority, county superintendent of schools, and the Superintendent.
(o) If the governing board of a charter school or the chartering authority fails or is unable to make satisfactory arrangements for the audit pursuant to this section, the Controller shall make arrangements for the audit and the cost of the audit shall be paid from the revenue of the charter school.
(p) By January 31 of each year, the governing body of a charter school shall review, at a public meeting, the annual audit of the charter school for the prior fiscal year, any audit exceptions identified in that audit, the recommendations or findings of any management letter issued by the certified public accountant or public accountant performing the audit, and any description of correction or plans to correct any exceptions or management letter issue. The review shall be placed on the agenda of the meeting pursuant to Sections 35145 and 47604.
(q) The Controller shall ensure that all charter schools are audited, and that the Controller reviews and monitors audits of charter schools pursuant to Section 14504.

SEC. 26.SEC. 18.

 Section 47604.32 of the Education Code is amended to read:

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.
(6) (A) Verify all of the following for a nonclassroom-based charter school:
(i) Annually verify that an appropriate methodology exists for teachers to determine the time value of pupil work product used to compute average daily attendance.
(ii) Annually verify the average-daily-attendance-to-certificated-teacher ratio used by the charter school pursuant to Section 51745.6, across a teacher’s entire assignment at schools operated by the entity managing the charter school.
(iii) Verify average daily attendance at the first, second, and annual principal apportionment reporting, including subsequent corrected reports, after performing reasonable testing of monthly enrollment and monthly attendance reports to be submitted to the chartering authority by the charter school to determine enrollment and attendance trends and averages.
(I) Monthly enrollment reports shall reflect sufficient details by month, including beginning enrollment, additions, subtractions, and transfers, reconciled to ending enrollment. Attendance reports shall reflect sufficient details to enable the chartering authority to determine a reasonable alignment of enrollment to attendance.
(II) Types of analysis regarding both enrollment and attendance trends and averages may include, but are not necessarily limited to, all of the following:
(ia) A comparison of the total first, second, and annual principal apportionment attendance to the total respective data reported in the prior year.
(ib) A comparison of California Longitudinal Pupil Achievement Data System (CALPADS) Fall 1 data to first and second period principal apportionment attendance using historical ratios.
(ic) Comparable trending of enrollment and attendance in a given period.
(III) If the enrollment or attendance verification fails to support the applicable first, second, or annual principal apportionment reporting, including subsequent corrected reports, submitted to the chartering authority, the chartering authority shall not certify the applicable principal apportionment report.
(B) A charter school shall provide the chartering authority the necessary supporting documentation in order for the chartering authority to perform the verification described in subparagraph (A).
(7) A chartering authority shall notify the certified public accountant or public accountant performing the audit of a charter school if a charter school does not provide the required documentation pursuant to paragraph (6). Failure of a charter school to provide the documentation required pursuant to paragraph (6) shall result in the certified public accountant or public accountant performing the audit reporting an attendance apportionment finding in their annual audit report and a corresponding reduction in allowable attendance apportionment by the charter school.
(b) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.

SEC. 19.

 Section 47604.35 is added to the Education Code, immediately following Section 47604.33, to read:

47604.35.
 (a) To ensure consistency in financial reporting, and promote transparency and accountability of all local educational agencies, the state board, in consultation with the Superintendent, shall revise regulations to require that charter schools report periodic and annual financial data in the same manner and on the same form prescribed for school districts.
(b) Commencing with the 2023–24 fiscal year, charter schools with an average daily attendance of 5,000 or more pupils shall report periodic and annual financial data in the same manner and on the same form prescribed for school districts.
(c) Commencing with the 2024–25 fiscal year, charter schools with an average daily attendance of 2,500 or more pupils but fewer than 5,000 pupils shall report periodic and annual financial data in the same manner and on the same form prescribed for school districts.
(d) Commencing with the 2025–26 fiscal year, charter schools with an average daily attendance of 2,499 or fewer pupils shall report periodic and annual financial data in the same manner and on the same form prescribed for school districts.

SEC. 28.SEC. 20.

 Section 47605 of the Education Code is amended to read:

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 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, which shall include the safety topics listed in subparagraphs (A) to (J), inclusive, of paragraph (2) of subdivision (a) of Section 32282.
(iii) That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(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,  conducted pursuant to Section 47604.2,  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 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 foster child or youth or a homeless child or youth, the pupil’s educational rights holder, and shall inform the pupil, the pupil’s parent or guardian, or the pupil’s educational rights holder of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent, guardian, or educational rights holder 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).
(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 or the county board of education, or both, 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. 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 petition 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 and providers of direct services for which certification qualifications are established pursuant to Section 44065 and Chapter 2 (commencing with Section 44200) of Part 25 of Division 3, except for Section 44270.1,  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) (4)  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. The Commission on Teacher Credentialing shall update existing school district regulations regarding pupil personnel service credentials to include parity for charter schools. 
(n) (m)  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) (n)  The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.

SEC. 29.SEC. 21.

 Section 47605.6 of the Education Code is amended to read:

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, which shall include the safety topics listed in subparagraphs (A) to (J), inclusive, of paragraph (2) of subdivision (a) of Section 32282.
(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,  conducted pursuant to Section 47604.2,  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 foster child or youth or a homeless child or youth, the pupil’s educational rights holder, and shall inform the pupil, the pupil’s parent or guardian, or the pupil’s educational rights holder of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent, guardian, or educational rights holder 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).
(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 public 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 and providers of direct services for which certification qualifications are established pursuant to Section 44065 and Chapter 2 (commencing with Section 44200) of Part 25 of Division 3, except for Section 44270.1,  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) (m)  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) (n)  The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.

SEC. 22.

 Section 47605.8 is added to the Education Code, to read:

47605.8.
 The state board shall appoint an advisory committee on charter schools. The advisory committee shall include, but shall not necessarily be 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.

SEC. 23.

 Section 47605.10 is added to the Education Code, immediately following Section 47605.9, to read:

47605.10.
 (a) Notwithstanding any other law, a school district shall be limited in the size of the totality of the nonclassroom-based charter schools that it may authorize based on the following:
(1) A school district with an average daily attendance of fewer than 2,500 pupils shall not authorize a nonclassroom-based charter school or approve a material revision to expand an existing nonclassroom-based charter school to more than 100 percent of the average daily attendance of the school district authorizing the charter.
(2) A school district with an average daily attendance of 2,500 pupils or more but fewer than 5,000 pupils shall not authorize a nonclassroom-based charter school or approve a material revision to expand an existing nonclassroom-based charter school to an average daily attendance of more than 2,500 pupils.
(3) A school district with an average daily attendance of 5,000 pupils or more but fewer than 10,000 pupils shall not authorize a nonclassroom-based charter school or approve a material revision to expand an existing nonclassroom-based charter school to more than 50 percent of the average daily attendance of the school district authorizing the charter.
(b) For purposes of this section, the determination of the average daily attendance used shall be the second principal apportionment in the prior year.
(c) A nonclassroom-based charter school authorized and in operation before December 31, 2021, with an average daily attendance above the limits referenced in subdivision (a) may continue to be authorized by that school district if the charter school’s average daily attendance does not exceed the average daily attendance of the charter school calculated at the second principal apportionment in the 2021–22 school year.

SEC. 24.

 Section 47609 is added to the Education Code, to read:

47609.
 (a) The Legislature finds and declares all of the following:
(1) The Charter Accountability Resource and Support Network established a successful model for building strong charter school authorizing practices in California, with small charter school authorizers in mind.
(2) The strength of the Charter Accountability Resource and Support Network was in the collaboration, commitment, and coordination of resources for training and support between and among the expertise of regional lead county offices of education.
(3) Extending the Charter Accountability Resource and Support Network model and funding will provide essential resources to continue the positive momentum gained to date and strengthen the ability of chartering authorities to exercise their statutory charter authorization and oversight responsibilities.
(b) (1) The Charter Authorizing Support Team program is hereby established, to be administered by the County Office Fiscal Crisis and Management Assistance Team, as an initiative to expand uniform charter school authorizing and oversight practices in the state.
(2) (A) The program shall develop high-quality fiscal, academic, and governance oversight and monitoring tools for uniform charter school authorizing practices. The program shall employ the proposed values and principles to be developed by the advisory board for quality charter school authorizing practices, as provided in subdivision (e), as guidance. The program shall share and update developed tools and materials, as needed, to help strengthen charter school authorizing practices, with a special focus on charter authorizers with an average daily attendance of fewer than 2,500 pupils.
(B) Materials and trainings provided for in this section shall ensure consistent and transparent charter school authorizing processes across the state. The trainings shall be related to subjects including, but not limited to, the charter school petition review and appeal process, memorandum of understanding development, charter school oversight practices, the charter renewal process, and the charter school intervention and charter revocation process.
(c) Responsibilities of the County Office Fiscal Crisis and Management Assistance Team shall include all of the following:
(1) Acting as the fiscal agent for the program.
(2) (A) Collaborating with leading chartering authorities, county offices of education, and subject matter experts in the development and dissemination of high-quality charter school authorizing and oversight tools and best practices to ensure statewide consistency.
(B) Consulting with the state board in the development of high-quality charter school authorizing tools and best practices.
(3) Creating and maintaining an online database of materials and resources that can be adapted for use by chartering authorities.
(4) Facilitating an annual statewide conference for chartering authorities.
(5) Establishing and facilitating an advisory board, as provided in subdivision (e), to provide input on the development and full implementation of services provided by the program.
(6) Providing information, as requested, to the Legislative Analyst’s Office for purposes of subdivision (f) to measure the program’s continual improvement and program fidelity, and to document the program’s impact.
(7) Providing technical assistance and support to school districts and county offices of education when they have questions on the charter school petition review and appeal process, the charter renewal process, the charter school intervention and charter revocation processes, memorandum of understanding development, and the charter oversight process by and through all of the following:
(A) Establish and staff a help desk to respond to inquiries from chartering authorities and facilitate the connection between need and resources.
(B) Establish a community listserv for chartering authorities to ask each other questions, gather information, and generate feedback.
(C) Identify and maintain a list of school district and county office of education personnel designated as responsible for charter school authorizing or charter oversight activity. Chartering authorities shall be invited and encouraged to attend regional meetings and trainings to build their knowledge and expertise.
(D) Provide professional learning on best practices for the charter school petition review and appeal process, the charter renewal process, adherence to timelines, and memorandum of understanding development.
(E) Provide professional learning on best practices for the charter school intervention and charter revocation process.
(F) Provide professional learning on best practices for the charter oversight process, including ongoing monitoring and site reviews.
(d) In order to guide the preparation of materials and resources and provide professional learning opportunities consistent with its responsibilities, the program shall do all of the following:
(1) Seek input from chartering authorities across the state to determine the type of charter school materials, resources, training, and support needed in order to build the capacity of chartering authorities.
(2) Provide program data to assist in evaluating the effectiveness of the program in improving the quality of charter school authorizing practices.
(3) Offer outreach to chartering authorities that have not previously participated in program trainings or conferences.
(e) (1) An advisory board shall be appointed by the board of directors of the County Office Fiscal Crisis and Management Assistance Team, to be composed of 12 members, including five experienced professionals from chartering authorities, two teacher representatives, two representatives from other organizations with expertise in charter school authorizing, one charter school representative, one representative of the department, and the Chief Executive Officer of the County Office Fiscal Crisis and Management Assistance Team, or their designee.
(2) The board of directors of the County Office Fiscal Crisis and Management Assistance Team shall establish bylaws for the advisory board that, at a minimum, provide for all of the following:
(A) The role and functions of the advisory board.
(B) The process and qualifications for appointment as an advisory board member. At least one of the five experienced professionals from chartering authorities required in this subdivision shall be from a chartering authority with an average daily attendance of fewer than 2,500 pupils.
(C) The terms of advisory board members.
(D) The selection of a chairperson and vice chairperson, and the establishment of subcommittees.
(E) Meetings, including the frequency of meetings.
(F) The rules of order.
(G) The process for amending bylaws.
(3) Notwithstanding any other law, the advisory board 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).
(4) The advisory board shall develop values and principles for charter school authorizing and oversight that will provide guidance for preparation of materials and resources, professional learning opportunities, and conference materials. The values and principles developed by the advisory board shall include, but are not limited to, all of the following:
(A) That the actions and decisions of effective chartering authorities are guided by all of the following values:
(i) Responsibility: the duty to serve the state’s pupils and the public.
(ii) Integrity: adherence to moral and ethical principles in all aspects of charter school authorizing and oversight.
(iii) Fairness: impartial and just treatment of all stakeholders.
(iv) Knowledge: understanding of charter school law and practice.
(B) In complying with the requirements of this part, chartering authorities shall consider all of the following foundational principles:
(i) Through charter school approval and oversight, chartering authorities serve the interests of pupils and the public.
(ii) Chartering authorities hold charter schools accountable for results in exchange for the substantial autonomy the law grants to charter schools.
(iii) Accountability for results includes maintaining high standards for performance in academics, finance, personnel management, operations, and governance.
(iv) Standards for performance include ensuring access and pursuing achievement for all pupils.
(f) On or before December 1, 2026, the Legislative Analyst’s Office shall complete and submit to the Governor and the appropriate education policy and budget committees of the Legislature an evaluation of the program. The Legislative Analyst’s Office shall evaluate the program’s effectiveness in administering training programs, outreach, and the participation of chartering authorities that have not participated in trainings and conferences during previous years, and make recommendations regarding the continuation of funding.
(g) This section shall be implemented only upon an appropriation in the annual Budget Act or other statute for these purposes.

SEC. 33.SEC. 25.

 Section 47612 of the Education Code is amended to read:

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: 
(e) Beginning in the 2022–23 school year, a charter school, including a charter school authorized by a county office of education, shall not operate a program of multitrack year-round scheduling. A classroom-based charter school may be authorized to operate a multitrack calendar by the state board, pursuant to Section 37670.1, due to impacted facilities.
(f) Notwithstanding any other law, a classroom-based charter school that operates a multitrack calendar with state board approval pursuant to Section 37670.1 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) (g)  Unless otherwise authorized by statute, no a  pupil shall not  generate more than one unit of average daily attendance in a fiscal year.
(e) (h)  Compliance with the conditions set forth in this section shall be included in the audits conducted pursuant to Section 41020.

SEC. 34.SEC. 26.

 Section 47612.5 of the Education Code is amended to read:

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.
(4) Commencing July 1, 2022, adhere to the minimum day requirements that apply to school districts pursuant to Sections 46100, 46010, 46110, 46112, 46113, 46114, 46117, 46141, 46142, and 46307, as applicable.
(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 paragraphs  (1) and (4)  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).
(f) Commencing July 1, 2022, a charter school that offers nonclassroom-based instruction shall provide classroom-based instruction for those pupils for whom the charter school determines shall return to another program in the charter school for which the pupil is enrolled or a charter school operated by the entity managing the charter school, pursuant to subdivision (f) of Section 51747.

SEC. 35.SEC. 27.

 Section 47613 of the Education Code is amended to read:

47613.
 (a) Except (1)   as set forth in subdivision (b),  For the 2021–22 fiscal year,  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.
(2) 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 shall not be charged pursuant to paragraph (1).
(b) A (1)  For the 2022–23 fiscal year a  chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 2  percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering authority. school. 
(c) (2)  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 shall  not be charged pursuant to subdivision (a) or (b). paragraph (1). 
(c) (1) Notwithstanding other implementation timelines in this section, effective July 1, 2023, 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.
(2) A local educational agency that is designated as the chartering authority pursuant to subdivision (b) or (c) of Section 47605.9, or pursuant to subparagraph (E) of paragraph (2) of subdivision (k) of Section 47605, may charge for the actual costs of supervisorial oversight, and administrative costs necessary to perform the oversight duties listed in Section 47604.32. A charter school that is charged for costs under this subdivision shall not be charged pursuant to paragraph (1).
(d) A chartering authority may charge a charter school a fee not to exceed 2 percent of the revenue of the charter school if the charter school is able to obtain substantially rent-free facilities from the chartering authority.
(d) (e)  This section does not prevent the charter school from separately purchasing administrative or other services from the chartering authority or any other source.
(e) (f)  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. school or the governing board of a school district or county board of education that was designated as the chartering authority pursuant to subdivision (b) or (c) of Section 47605.9 or pursuant to paragraph (1) of subdivision (k) of Section 47605. 
(f) (g)  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) (h)  For purposes of this section, “costs of supervisorial oversight” include, but are not limited to,  exclude  costs incurred pursuant to Section 47607.3.

SEC. 28.

 Section 47613.3 is added to the Education Code, to read:

47613.3.
 (a) A charter school shall comply with all of the following:
(1) For purposes of providing direct services to pupils, a charter school shall not expend public funds for a contract with a vendor, unless that vendor complies with both of the following requirements:
(A) The materials, programs, and organizations providing services are nonsectarian.
(B) The funds that would be used to pay for direct services to pupils are not used to pay tuition or fees at a private school.
(2) A charter school shall not offer any financial payments or gifts to a teacher, a pupil or prospective pupil, or to the parent or guardian of a pupil or prospective pupil for enrollment, referral, retention, participation in school meetings or activities, or participation in direct services to pupils by vendors.
(3) The salary and other income paid to an employee by a charter school or an entity managing a charter school, as defined by Section 47604.1, shall not depend on pupil attendance or pupil course completion.
(4) Management services, business services, marketing, and technology vendor fees shall not be calculated as a percentage of the revenue of the charter school, as defined in Section 47613.
(b) The extent of the charter school’s compliance with subdivision (a) shall be reviewed and reported as part of the annual, independent financial audit that a charter school is required to transmit by April 1 of each year pursuant to Section 41020.
(c)  This section does not supersede or invalidate a contract that is in effect at the time this section becomes operative. If a contract is in effect at the time this section becomes operative, the contract shall remain in effect until the parties to the agreement negotiate a successor agreement. A memorandum of understanding shall not extend a contract that is in effect at the time this section becomes operative.
(d) This section shall become operative on July 1, 2022.

SEC. 37.SEC. 29.

 Section 47634.2 of the Education Code is amended to read:

47634.2.
 (a) (1) Notwithstanding any other provision of law,  law, beginning July 1, 2022,  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) (e)  of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1, 47633, 47634, and 47664,  Section 42238.02, as modified by Section 42238.03,  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. Superintendent as follows: 
(2) (A)  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  pupils engaged in classroom-based instruction, as defined in paragraph (1) of subdivision (e) of Section 47612.5, for at least 80 percent of their attendance, no adjustment shall be made to the reported average daily attendance used for funding their nonclassroom-based  attendance.
(B) For pupils engaged in classroom-based instruction, as defined in paragraph (1) of subdivision (e) of Section 47612.5, for between 60 percent and 79 percent of their attendance, the reported average daily attendance used for funding their nonclassroom-based attendance shall be reduced by a factor of 7.5 percent.
(3) (C)  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). pupils engaged in classroom-based instruction, as defined in paragraph (1) of subdivision (e) of Section 47612.5, for between 40 percent and 59 percent of their attendance, the reported average daily attendance used for funding their nonclassroom-based attendance shall be reduced by a factor of 15 percent. 
(D) For pupils engaged in classroom-based instruction, as defined in paragraph (1) of subdivision (e) of Section 47612.5, for between 20 percent and 39 percent of their attendance, the reported average daily attendance used for funding their nonclassroom-based attendance shall be reduced by a factor of 22.5 percent.
(4) (E)  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). pupils engaged in classroom-based instruction, as defined in paragraph (1) of subdivision (e) of Section 47612.5, for between 0 percent and 19 percent of their attendance, the reported average daily attendance used for funding their nonclassroom-based attendance shall be reduced by a factor of 30 percent. 
(5) (2)  This section does not authorize the board Superintendent  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) (e)  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 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. pursuant to this subdivision. 
(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) (b)  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 instruction,  as defined in paragraph (2) of subdivision (d) of Section 47612.5. (e) of Section 47612.5, based on the percentages specified pursuant to subdivision (a). 
(d) (c)  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.

SEC. 38.SEC. 30.

 Section 51745 of the Education Code is amended to read:

51745.
 (a) Commencing with the 1990–91 school year, a local educational agency  The governing board of a school district, a county office of education, or a charter school  may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. For the 2021–22 school year only, the governing board of a school district or a county office of education shall offer independent study to meet the educational needs of pupils.  Educational opportunities offered through independent study may include, but shall not be limited to, the following:
(1) Special assignments extending the content of regular courses of instruction.
(2) Individualized study in a particular area of interest or in a subject not currently available in the regular school curriculum.
(3) Individualized alternative education designed to teach the knowledge and skills of the core curriculum. Independent study shall not be provided as an alternative curriculum.
(4) Continuing and special study during travel.
(5) Volunteer community service activities and leadership opportunities that support and strengthen pupil achievement.
(6) Individualized study for a pupil whose health would be put at risk by in-person instruction, as determined by the parent or guardian of the pupil.
(b) Not more than 10 percent of the pupils participating in an opportunity school or program, or a continuation high school, calculated as specified by the department, shall be eligible for apportionment credit for independent study pursuant to this article. A pupil who is pregnant or is a parent who is the primary caregiver for one or more of their children shall not be counted within the 10 percent cap.
(c) An individual with exceptional needs, as defined in Section 56026, shall not participate in independent study, unless the pupil’s  their  individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation.
(d) A temporarily disabled pupil shall not receive individual instruction pursuant to Section 48206.3 through independent study.
(e) No course included among the courses required for high school graduation under Section 51225.3 or for admission to the University of California or the California State University  shall be offered exclusively through independent study.
(f) The governing board of a school district or county office of education may meet the requirement to offer independent study for the 2021–22 school year by contracting with a county office of education or by entering into an interdistrict transfer agreement with another school district pursuant to Section 46600. A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011. 
(g) The requirement to offer independent study for the 2021–22 school year may be waived for school districts by the county superintendent of schools in the county in which the school district is located and waived for county offices of education and school districts in single-district counties by the Superintendent if the school district or county office of education, as applicable, demonstrates both of the following:
(1) Offering independent study would create an unreasonable fiscal burden on the school district or county office of education due to low numbers of pupils participating or other extenuating circumstances.
(2) (g)  The governing board of the school district or county office of education  A pupil shall not be excluded from participating in independent study solely on the basis that the pupil  does not have the option to enter into an interdistrict transfer agreement with another school district or to contract with a county office of education to provide an independent study option, as described in subdivision (f). materials, equipment, or internet access that are necessary to participate in independent study. 

SEC. 39.SEC. 31.

 Section 51745.6 of the Education Code is amended to read:

51745.6.
 (a) The ratio of average daily attendance for independent study pupils 18 years of age or less to school district, county office of education, or charter school full-time equivalent certificated employees responsible for independent study, calculated as specified by the department, shall comply with one of the following:
(a)    (1) The ratio of average daily attendance for independent study pupils 18 years of age or less to school district full-time equivalent certificated employees responsible for independent study, calculated as specified by the department,  It  shall not exceed the equivalent ratio of average daily attendance to full-time equivalent certificated employees providing instruction in other educational programs operated by the school district, county office of education, or charter school  unless a new higher or lower average daily attendance ratio for all other educational programs offered is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio.
(2) The ratio of average daily attendance for independent study pupils 18 years of age or less to county office of education full-time equivalent certificated employees responsible for independent study, to be calculated in a manner prescribed by the department,  It  shall not exceed the equivalent prior year ratio of average daily attendance to full-time equivalent certificated employees for all other educational programs operated by the high school or unified school district with the largest average daily attendance of pupils in that the  county or the collectively bargained alternative ratio used by that high school or unified school district in the prior year, unless a new higher or lower average daily attendance ratio for all other educational programs offered is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio. In the case of a charter school serving pupils in more than one county, the ratio shall not exceed the ratio of the high school or unified school district with the average daily attendance of pupils in a county served by the charter school.  The computation of the ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the Superintendent.
(b) (3)  Only those units of average daily attendance for independent study that reflect a pupil-teacher ratio that does not exceed the ratios described in subdivision (a) shall be eligible for apportionment pursuant to Section 2575, for county offices of education, and Section 42238.05, for school districts. This section does not prevent a school district or county office of education from serving additional units of average daily attendance greater than the ratios described in subdivision (a), except that those additional units shall not be funded pursuant to Section 2575 or 42238.05, as applicable. If  It shall be calculated by using a fixed average-daily-attendance-to-certificated-employee ratio of 25 to 1, or by using a ratio of less than 25 pupils per certificated employee. A new higher or lower ratio for all other educational programs offered by  a school district, charter school, or  county office of education has a  education, or charter school may be negotiated in a collective bargaining agreement, or a  memorandum of understanding to provide instruction in coordination with  indicating that an existing collective bargaining agreement contains an alternative average daily attendance ratio. All pupils of  the school district, charter school, or  county office of education at which a pupil is enrolled, the ratios that shall apply for purposes of this paragraph are the ratios for the local educational agency providing the independent study program to the pupil pursuant to Section 51749.5. education, or charter school, regardless of age, shall be included in the applicable average-daily-attendance-to-certificated-employee ratio calculations. 
(c) (b)  The calculations performed for purposes of this section shall not include either of the following:
(1) The average daily attendance generated by special education pupils enrolled in special day classes on a full-time basis, or the teachers of those classes.
(2) The average daily attendance or teachers in necessary small schools that are eligible to receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3.
(d) The applicable average-daily-attendance-to-certificated-employee ratios described in subdivision (a) may, in a charter school, be calculated by using a fixed average-daily-attendance-to-certificated-employee ratio of 25 to 1, or by using a ratio of less than 25 pupils per certificated employee. A new higher or lower ratio for all other educational programs offered by a charter school may be negotiated in a collective bargaining agreement, or a memorandum of understanding indicating that an existing collective bargaining agreement contains an alternative average daily attendance ratio may be entered into by a charter school. All charter school pupils, regardless of age, shall be included in the applicable average-daily-attendance-to-certificated-employee ratio calculations.
(e) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the ratios included in this section, including fiscal penalties for noncompliance as described in this section.

SEC. 40.SEC. 32.

 Section 51747 of the Education Code is amended to read:

51747.
 A local educational agency  school district, county office of education, or charter school  shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, and has implemented those policies, pursuant to rules and regulations adopted by the Superintendent, that include, but are not limited to, all of the following:
(a) The maximum length of time, by grade level and type of program, that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work.
(b) (1)  The level of satisfactory educational progress  progress, pursuant to Section 51747.6,  and the number of missed assignments that will be allowed before an evaluation is conducted to determine whether it is in the best interests of the pupil to remain in independent study, or whether the pupil should return to the regular school program. A written record of the findings of any evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.
(2) Satisfactory educational progress shall be determined based on all of the following indicators:
(A) (c)  The pupil’s achievement and engagement in the independent study program, as indicated by the pupil’s performance on applicable pupil-level measures of pupil achievement and pupil engagement set forth in paragraphs (4) and (5) of subdivision (d) of Section 52060. Minimum standards and procedures for regular communication with parents and guardians regarding a pupil’s satisfactory educational progress. 
(B) The completion of assignments, assessments, or other indicators that evidence that the pupil is working on assignments.
(C) Learning required concepts, as determined by the supervising teacher.
(D) Progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher.
(c) (d)  The provision of content aligned to grade level standards that is provided at a level of quality and intellectual challenge substantially equivalent to in-person instruction. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A–G admissions criteria. minimum standard for the frequency, duration, and content of supervising teacher-pupil contact pursuant to Section 51747.5 for the school district, county office of education, or charter school. 
(d) (e)  Procedures for tiered reengagement strategies for all pupils who are not generating attendance for more than three schooldays or 60 percent of the instructional days in a school week, or who are in violation of the written agreement pursuant to subdivision (g). These procedures shall include, but are not necessarily limited to, all of the following:
(1) Verification of current contact information for each enrolled pupil. pupil, including the address of the pupil’s residence. 
(2) Notification  Daily notification  to parents or guardians of lack of participation within one school day of the absence or lack of participation. absences. 
(3) A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary.
(4) (f)  A (1)   clear standard for requiring a pupil-parent-educator conference to review a pupil’s written agreement, and reconsider the independent study program’s impact on the pupil’s achievement and well-being, consistent with the policies adopted pursuant to paragraph (4) of subdivision (g). The criteria for revoking an independent study written agreement pursuant to subdivision (g), and when a pupil shall return to another program in the school district, county office of education, or charter school for which the pupil is enrolled. The criteria shall include all of the following: 
(A) The level of satisfactory educational performance and missed assignments, as specified in subdivision (b).
(B) Not generating attendance, as specified in subdivision (c).
(e) (C)  (1) If  For pupils in transitional kindergarten and grades 1 to 3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year.  or when a pupil may return to independent study if their written agreement is revoked. 
(2) For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year. those independent study written agreements longer than 20 calendar days, a pupil not generating attendance for more than 12 school days or 60 percent of the instructional days in four school weeks, at a minimum, shall be in violation of the written agreement and shall return to another program in the school district, county office of education, or charter school for which the pupil is enrolled. 
(3) For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year.
(f) A plan to transition pupils whose families wish to return to in-person instruction from independent study expeditiously, and, in no case, later than five instructional days.
(g) A requirement that a current written agreement for each independent study pupil  Before enrolling a pupil in independent study, a school district, county office of education, or charter school shall provide the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, with a written agreement that  shall be maintained on file, including, but not  file that includes, but is not necessarily  limited to, all of the following:
(1) A summary of the policies and procedures adopted by the governing board or body of the school district, county office of education, or charter school pursuant to subdivisions (a) to (f), inclusive, and this subdivision, as applicable.
(1) (2)  The manner, time, frequency, and place for submitting a pupil’s assignments,  assignments and  for reporting the pupil’s academic progress, and for communicating with a pupil’s parent or guardian regarding a pupil’s academic  progress.
(2) (3)  The learning  objectives and methods of study for the pupil’s work, and the methods used to evaluate that work. expectations for each course of study or individual course in the independent study program, including, but not limited to, a description of how satisfactory educational progress is measured, when a pupil evaluation is required to determine whether the pupil should remain in the independent study program, or when a pupil shall return to another program in the school district, county office of education, or charter school for which the pupil is enrolled. 
(3) (4)  The specific resources, including materials and personnel, that will be made available to the pupil. These resources shall include confirming or providing access to all pupils to the connectivity and devices adequate to participate in the educational program and complete assigned work. 
(4) (5)  A statement of the policies adopted pursuant to subdivisions (a) and (b)  to (f), inclusive,  regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, the level of satisfactory educational progress,  and the number of missed assignments allowed before an evaluation of whether or not the pupil should be allowed to continue in independent study.
(5) (6)  The duration of the independent study written  agreement, including the beginning and ending dates for the pupil’s participation in independent study under the written  agreement. No independent study written  agreement shall be valid for any period longer than one school year. year or span multiple school years. 
(7) The duration of the enrolled course or courses for those pupils with a written agreement that includes a specific course or courses.
(6) (8)  A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment and satisfactory educational progress  appropriate to the course of study specified in the written  agreement, to be earned by the pupil upon completion. completion, consistent with the certifications adopted by the governing board or body of a school district, county office of education, or charter school pursuant to Section 51747.6. 
(7) A statement detailing the academic and other supports that will be provided to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils in foster care or experiencing homelessness, and pupils requiring mental health supports.
(8) (9)  The inclusion of a statement in each independent study written  agreement that independent study is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the written  agreement also shall include the statement that instruction may be provided to the pupil through independent study only if the pupil is offered the alternative of classroom instruction.
(9) (10)  (A) Each written agreement shall be signed, before the commencement of independent study, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil. For purposes of this paragraph “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code.
(B) For purposes of this paragraph, the written agreement may be signed using an electronic signature that complies with state and federal standards, as determined by the department. An electronic signature may be a marking that is either computer generated or produced by electronic means as is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as a handwritten signature if the requirements for electronic signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.
(B) (C)  Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file.
(C) (D)  For purposes of this section, an electronic file includes a computer or electronic stored image of an original document, including, but not limited to, portable document format (PDF), JPEG, or other digital image file type, that may be sent via fax machine, email, or other electronic means.
(D) (E)  Either an original document or an electronic file of the original document is allowable documentation for auditing purposes.
(E) Written agreements may be signed using an electronic signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.
(F) Notwithstanding subparagraph (A), for the 2021–22 school year only, a local educational agency shall obtain a  The  signed written agreement for independent study from the pupil, or the  constitutes permission from a  pupil’s parent or legal guardian guardian,  if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil no later than 30 days after the first day of instruction. This subparagraph does not relieve a local educational agency from the obligation to comply with the requirements of this article, as amended by the act adding this subparagraph, upon commencement of instruction for a participating pupil in the 2021–22 school year. for the pupil to receive instruction through independent study. 
(11) The verified current contact information for each enrolled pupil, including the address of the pupil’s residence.
(h) (1) The  For the 2021–22 school year only, school districts and county offices of education shall notify the parents and guardians of all enrolled pupils of their options to enroll their child in in-person instruction or independent study during the 2021–22 school year. This notice shall include written information on the local educational agency’s internet website, including, but not limited to, the right to request a pupil-parent-educator conference meeting before enrollment pursuant to this section, pupil rights regarding procedures for enrolling, disenrolling, and reenrolling in independent study, and the synchronous and asynchronous instructional time that a pupil will have access to as part of independent study. If 15 percent or more of the pupils enrolled in a local educational agency that provides instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, the written information shall, in addition to being written in English, be written in the primary language.  written agreement shall be in the form of an affidavit or statement, and shall be signed under penalty of perjury. 
(2) Before signing a written agreement pursuant to this section, and upon the request of the parent or guardian of a pupil, the local educational agency shall conduct a phone, videoconference, or in-person pupil-parent-educator conference or other school meeting during which the pupil, parent or guardian, and, if requested by the pupil or parent, an education advocate, may ask questions about the educational options, including which curriculum offerings and nonacademic supports will be available to the pupil in independent study, before making the decision about enrollment or disenrollment in the various options for learning.
(i) Subdivisions (d), (e), and (f) shall not apply to pupils that participate in an independent study program for fewer than 15 schooldays in a school year.
(j) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the adoption of the policies required pursuant to this section, including loss of apportionment for independent study for local educational agencies found to be noncompliant, unless compliance verification for those policies is already included in the audit guide.
(k) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).

SEC. 41.SEC. 33.

 Section 51747.3 of the Education Code is amended to read:

51747.3.
 (a) Notwithstanding any other law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the local educational agency has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that the local educational agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to the pupil’s parent or guardian.
(b) Providing access to connectivity and local educational agency-owned devices adequate to participate in an independent study program and complete assigned work, consistent with paragraph (3) of subdivision (g) of Section 51747, or to participate in an independent study course, as authorized in Section 51749.5, shall not be considered funds or other things of value for purposes of subdivision (a).
(c) (b)  Notwithstanding paragraph (1) of subdivision (e) of Section 47605 or any other law, community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and classroom-based  charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.
(c) Commencing July 1, 2022, notwithstanding subdivision (b), paragraph (1) of subdivision (e) of Section 47605, or any other law, independent study average daily attendance shall be claimed by nonclassroom-based charter schools only for pupils who are residents of the county in which the apportionment claim is reported.
(d) Notwithstanding subdivision (c), for a charter school operating a satellite facility in compliance with paragraph (5) of subdivision (c) of Section 47605.1, or that is otherwise exempt from that paragraph, independent study average daily attendance shall be claimed for pupils who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.
(d) (e)  The Superintendent shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204.
(e) (f)  In conformity with Provisions 25 and 28 of Item 6110–101–001 of Section 2.00 of the Budget Act of 1992, this section applies  is applicable  to average daily attendance reported for apportionment purposes beginning July 1, 1992. The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). 
(f) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).

SEC. 42.SEC. 34.

 Section 51747.5 of the Education Code is amended to read:

51747.5.
 (a) The independent study by each pupil shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, shall be under the general supervision of an employee of the local educational agency  school district, charter school, or county office of education  who possesses a valid certification document pursuant to Section 44865 or  44865, the required certificate, permit, or other document required by subdivision (l) of Section 47605 or subdivision (l) of Section 47605.6, or  an emergency credential pursuant to Section 44300, registered as required by law.
(b) For purposes of this article, “general supervision” is defined to mean a supervising teacher’s responsibility for all of the following:
(1) Continuing oversight of the study design, implementation plan, allocation of resources, and evaluation of a pupil’s satisfactory educational progress for a pupil's independent study.
(2) Assignment and evaluation of all work products.
(A) A supervising teacher shall assign pupil work products before the start of each learning period. Supervising teachers or other school personnel shall not delete pupil work products after the learning period begins.
(B) A supervising teacher shall require all pupil work products to be dated by the pupil and verified by the supervising teacher.
(C) A school district, county office of education, or charter school shall maintain a copy of all pupil work products for at least two years in order to be made available for auditing purposes.
(3) Determination of the time values for apportionment purposes of a pupil’s work products. A supervising teacher shall maintain a record of the time value for each pupil’s work products. The record shall be in the form of an affidavit or statement, and shall be signed by the supervising teacher under penalty of perjury.
(4) Personal determination or personal review of the determination made by another certificated teacher of the time values for apportionment purposes of a pupil’s work products.
(b) (c)  A local educational agency  School districts, charter schools, and county offices of education  may claim apportionment credit for independent study only to the extent of the time value of pupil work products, as personally judged in each instance by a certificated teacher. It is the intent of the Legislature that teachers be given access to digital assignment tracking systems to reduce workload associated with evaluating and accounting for pupil work. 
(c) A local educational agency shall document each pupil’s participation in live interaction and synchronous instruction pursuant to Section 51747 on each schoolday, as applicable, in whole or in part, for which independent study is provided. A pupil who does not participate in independent study on a schoolday shall be documented as nonparticipatory for that schoolday.
(d) A local educational agency shall maintain written or computer-based evidence of pupil engagement that includes, but is not limited to, a grade book or summary document that, for each class, lists all assignments, assessments, and associated grades.
(e) (d)  For purposes of this section, a local educational agency  school districts, charter schools, and county offices of education  shall not be required to sign and date pupil work products when assessing the time value of pupil work products for apportionment purposes.
(f) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) to (d), inclusive, unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance.
(g) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).

SEC. 35.

 Section 51747.6 is added to the Education Code, immediately following Section 51747.5, to read:

51747.6.
 (a) (1) The course of study, including specific courses, offered through independent study shall be annually certified by a school district, county office of education, or charter school governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based course of study, and shall be aligned to relevant local and state content standards.
(2) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each schoolday that a pupil is enrolled, number of equivalent total instructional minutes, and as applicable, the number of course credits for each course. This information shall be consistent with that of an equivalent classroom-based educational program.
(b) (1) For purposes of this article, “supervising teacher-pupil contact” means a supervising teacher communicating with each pupil for instruction or to assess whether the pupil is making satisfactory educational progress. The supervising teacher-pupil contact shall be in person, or by any other live visual and audio connection. No more than three school days shall pass without at least one instance of supervising teacher-pupil contact.
(2) For purposes of this article, “satisfactory educational progress” includes, but is not limited to, applicable statewide accountability measures and the completion of assignments, examinations, assessments, or other indicators that evidence that the pupil is working on assignments, learning required concepts, and progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher providing instruction.
(3) If satisfactory educational progress is not being made, the supervising teacher shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in independent study or if the pupil should return to another program in the school district, county office of education, or charter school for which the pupil is enrolled. A written record of the findings of an evaluation made pursuant to this paragraph shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.
(4) Written or computer-based evidence of satisfactory educational progress, as described in paragraph (2), shall be retained for each course of study, individual course, as applicable, and pupil. At a minimum, this evidence shall include a grade book or summary document that, for the course of study or for each course of the educational program, lists all assignments, examinations, and associated grades.
(c) A test proctor shall administer all annual summative examinations. The definition of “test proctor” is consistent with regulations adopted by the department for proctoring the California Assessment of Student Performance and Progress.
(d) Statewide testing results for pupils enrolled in any educational program, including specific courses, authorized pursuant to this article shall be reported and assigned to the school or charter school at which the pupil is enrolled, and to any school district, charter school, or county office of education within which that school’s or charter school’s testing results are aggregated.
(e) Statewide testing results for pupils enrolled in independent study, including specific courses, pursuant to this article shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.
(f) This section shall become operative on July 1, 2022.

SEC. 44.SEC. 36.

 Section 51748 of the Education Code is amended to read:

51748.
 School districts  districts, charter schools,  and county offices of education shall not be eligible to receive apportionment for independent study attendance by any pupil who is not otherwise identified in the written records of the district  district, charter school,  or county board by grade level, program placement, and the school in which he or she  the pupil  is enrolled.

SEC. 45.SEC. 37.

 Section 51749.5 of the Education Code is amended to read:

51749.5.
 (a) Notwithstanding any other law, and commencing with the 2015–16 school year, a local educational agency  school district, charter school, or county office of education  may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide independent study courses pursuant to the following conditions:
(1) The governing board or body of the local educational agency  a participating school district, charter school, or county office of education  adopts policies, at a public meeting, that comply with the requirements of this section and any applicable regulations adopted by the state board.
(2) A signed learning agreement is completed and on file pursuant to Section 51749.6.
(3) Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, and are employed by the local educational agency  school district, charter school, or county office of education  at which the pupil is enrolled, or by a local educational agency  school district, charter school, or county office of education  that has a memorandum of understanding to provide the instruction in coordination with the local educational agency  school district, charter school, or county office of education  at which the pupil is enrolled.
(4) (A) Courses are annually certified, by local educational agency  school district, charter school, or county office of education  governing board or body resolution, to be of the same rigor, educational quality, and intellectual challenge substantially equivalent to in-person instruction and equivalent  rigor and educational quality as equivalent  classroom-based courses, and shall be aligned to all relevant local and state content standards. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A-G admissions criteria. 
(B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each schoolday that a pupil is enrolled, number of equivalent total instructional minutes, and  number of course credits for each course, and a plan as described in subparagraph (C).  course.  This information shall be consistent with that of equivalent classroom-based courses.
(C) (i) For pupils in transitional kindergarten and grades 1 to 3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year.
(ii) For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year.
(iii) For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year.
(5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 46300.4, 47612, and 47612.1.
(6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3.
(7) (A) An individual with exceptional needs, as defined in Section 56026, shall not participate in course-based independent study, unless the pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation. Certificated employees and each pupil shall communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress. 
(B) A temporarily disabled pupil shall not receive individual instruction pursuant to Section 48206.3 through course-based independent study.
(8) (A) Satisfactory educational progress shall be determined based on all of the following indicators:
(i) The pupil’s achievement and engagement in the independent study program, as indicated by the pupil’s performance on applicable pupil-level measures of pupil achievement and pupil engagement set forth in paragraphs (4) and (5) of subdivision (d) of Section 52060.
(ii) (B)  The  For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and the  completion of assignments, assessments, examinations,  or other indicators that evidence that the pupil is working on assignments. assignments, learning required concepts, and progressing toward successful completion of the course, as determined by certificated employees providing instruction. 
(iii) Learning required concepts, as determined by the supervising teacher.
(iv) Progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher.
(B) (C)  If satisfactory educational progress in one or more courses  is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether the pupil should be referred to an alternative program, which may include, but is not limited to, a regular school program. A written record of the findings of an evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.
(C) Procedures for tiered reengagement strategies for all pupils who are not making satisfactory educational progress in one or more courses, or who are in violation of the written learning agreement pursuant to Section 51749.6. These procedures shall include, but are not necessarily limited to, all of the following:
(i) Verification of current contact information for each enrolled pupil.
(ii) A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary.
(iii) A clear standard for requiring a pupil-parent-educator conference to review a pupil’s written learning agreement, and reconsider the independent study course’s impact on the pupil’s achievement and well-being.
(D) Written or computer-based evidence of satisfactory educational progress, as described defined  in subparagraph (A), (B),  shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades.
(9) A plan to transition pupils whose families wish to return to in-person instruction from course-based independent study expeditiously, and, in no case, later than five instructional days.
(10) (8)  A proctor shall administer examinations.
(11) (9)  (A) Statewide testing results for pupils enrolled in any course authorized pursuant to this section shall be reported and assigned to the school or charter school at which the pupil is enrolled, and to any school district, charter school, or county office of education within which that school’s or charter school’s testing results are aggregated.
(B) Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.
(12) (10)  A pupil shall not be required to enroll in courses authorized by this section.
(13) (11)  The pupil-to-certificated-employee average-daily-attendance-to-certificated-employee  ratio limitations established pursuant to Section 51745.6 are applicable  apply  to courses authorized by this section.
(14) (12)  For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet the minimum instructional day requirements applicable to the local educational agency. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5.
(15) (13)  Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.
(16) (14)  A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011.
(17) (15)  A pupil shall not be prohibited from participating in independent study solely on the basis that the pupil does not have the materials, equipment, or internet access that are necessary to participate in the independent study course.
(b) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply:
(1) (A) For each schoolday, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled.
(B) For each schoolday, add the combined daily instructional minutes of courses authorized by all other laws and regulations in which the pupil is enrolled and for which the pupil meets applicable attendance requirements.
(C) For each schoolday, add the sum of subparagraphs (A) and (B).
(2) If subparagraph (C) of paragraph (1) meets applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, credit each schoolday that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section, with up to one school day of attendance.
(3) (A) Using credited schoolday attendance pursuant to paragraph (2), calculate average daily attendance pursuant to Section 41601 or 47612, whichever is applicable, for each pupil.
(B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil.
(4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section.
(5) If more than 10 percent of the total average daily attendance of a local educational agency  school district, charter school, or county office of education  is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the local educational agency  school district, charter school, or county office of education  shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.
(c) For purposes of this section, “equivalent total instructional minutes” means the same number of minutes as required for an equivalent classroom-based course.
(d) This section does not  shall not be deemed to  prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.
(e) (1) The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(f) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the ratios included in this section, including fiscal penalties for noncompliance as described in this section.
(g) (f)  The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed. 

SEC. 46.SEC. 38.

 Section 51749.6 of the Education Code is amended to read:

51749.6.
 (a) Before enrolling a pupil in a course authorized by Section 51749.5, each local educational agency  school district, charter school, or county office of education  shall provide the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, with a written learning agreement that includes all of the following:
(1) A summary of the policies and procedures adopted by the governing board or body of the local educational agency  school district, charter school, or county office of education  pursuant to Section 51749.5, as applicable.
(2) The duration of the enrolled course or courses, the duration of the learning agreement, and the number of course credits for each enrolled course consistent with the certifications adopted by the governing board or body of the local educational agency  school district, charter school, or county office of education  pursuant to Section 51749.5. The duration of a learning agreement shall not exceed a school year or span multiple school years.
(3) The learning objectives and expectations for each course, including, but not limited to, a description of how satisfactory educational progress is measured and when a pupil evaluation is required to determine whether the pupil should remain in the course or be referred to an alternative program, which may include, but is not limited to, a regular school program.
(4) The specific resources, including materials and personnel, that will be made available to the pupil. These resources shall include confirming or providing access to all pupils to the connectivity and devices adequate to participate in the educational program and complete assigned work. 
(5) A statement detailing the academic and other supports that will be provided to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s individualized education program or plan  that the pupil is not required to enroll in courses authorized  pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils in foster care or experiencing homelessness, and pupils requiring mental health supports. 51749.5. 
(6) A statement that enrollment in a course authorized pursuant to Section 51749.5 is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through course-based independent study only if the pupil is offered the alternative of classroom instruction.
(7) The manner, time, frequency, and place for submitting a pupil’s assignments, for reporting the pupil’s academic progress, and for communicating with a pupil’s parent or guardian regarding a pupil’s academic progress.
(8) The objectives and methods of study for the pupil’s work, and the methods used to evaluate that work.
(9) A statement of the adopted policies regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, the level of satisfactory educational progress, and the number of missed assignments allowed before an evaluation of whether or not the pupil should be allowed to continue in course-based independent study.
(10) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the learning agreement, to be earned by the pupil upon completion.
(b) (1) The learning agreement shall be signed, before the commencement of an independent study course, by the pupil, the pupil’s parent, legal guardian, or caregiver,  signed by the pupil and,  if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of the independent study course, and all persons who have direct responsibility for providing assistance to the pupil. For purposes of this paragraph “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code. pupil’s parent or legal guardian, and all certificated employees providing instruction before instruction may commence. 
(2) The signed learning agreement constitutes permission from a pupil’s parent or legal guardian, if the pupil is less than 18 years of age, for the pupil to receive instruction through course-based  independent study.
(3) Either an original document or an electronic file of the original document is allowable documentation for  A physical or electronic copy of the signed learning agreement shall be retained by the school district, county office of education, or charter school for at least three years and as appropriate for  auditing purposes.
(4) For purposes of this section, an electronic file copy  includes a computer or electronic stored image of an original document, including, but not limited to, portable document format (PDF),  format,  JPEG, or other digital image file type, that may be sent via fax machine, email, or other electronic means.
(5) Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file.
(6) Written agreements may be signed using an electronic signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.
(7) (c)  Notwithstanding subparagraph (A), for the 2021–22 school year only, a local educational agency shall obtain a signed written agreement for independent study from the pupil, or the pupil’s parent or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of the independent study course, and all persons who have direct responsibility for providing assistance to the pupil no later than 30 days after the first day of instruction. This subparagraph does not relieve a local educational agency from the obligation to comply with the requirements of this article, as amended by the act adding this paragraph, upon commencement of instruction for a participating pupil in the 2021–22 school year. This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed. 

SEC. 47.SEC. 39.

 Section 20110 of the Public Contract Code is amended to read:

20110.
 The provisions of this  This  part shall apply to contracts awarded by school districts subject to Part 21 (commencing with Section 35000) of Division 3 of Title 2 of the Education Code and to contracts awarded by charter schools subject to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2 of the Education  Code.
SEC. 40.
 Sections 15, 30, 31, 32, and 34 of this act shall become operative on July 1, 2022.
SEC. 41.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.