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SB-810 Charter schools: at-promise charter schools.(2023-2024)

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Date Published: 04/17/2023 09:00 PM
SB810:v98#DOCUMENT

Amended  IN  Senate  April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 810

Introduced by Senator Alvarado-Gil

February 17, 2023

An act to amend Section 51747.3 of, and to add Section 47612.3 to, to the Education Code, relating to charter schools.


LEGISLATIVE COUNSEL'S DIGEST


SB 810, as amended, Alvarado-Gil. Charter schools: at-promise charter schools.
Existing law requires charter schools to locate in accordance with geographic and site limitations, as provided. Existing law provides an exception to this jurisdictional limitation for charter schools that provide instruction exclusively in partnership with one of specified federal or state job training entities.
This bill would provide an additional exception to the jurisdictional limitation on charter schools for at-promise charter schools, as defined.
Existing law requires a pupil over 19 years of age, in order to be eligible for generating charter school apportionments, to be continuously enrolled in a public school and to make satisfactory progress towards a high school diploma. Existing law provides an exception to those provisions for a charter school that provides instruction exclusively in partnership with one of specified federal or state job training entities.
This bill would provide an additional exception to the charter school apportionment provision for at-promise charter schools.

Existing law authorizes a charter school to collect apportionment for pupils enrolled in independent study and prohibits a charter school from claiming independent study apportionment for pupils who do not reside either in the county in which the charter school is located or in a county adjacent to the charter school location.

This bill would exempt from this funding prohibition those charter schools that are defined as at-promise charter schools.

Existing law requires teachers in charter schools to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment.

This bill would exempt teachers in at-promise charter schools from this requirement.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 47612.3 is added to the Education Code, to read:

47612.3.
 (a) Notwithstanding any other law, the following provisions shall not apply to at-promise charter schools:

(1)Paragraph (1) of subdivision (l) of Section 47605.

(2)

(1) The jurisdictional limitations set forth in Section 47605.1.

(3)

(2) Subdivision (b) of Section 47612.

(b)For purposes of this section, an “at-promise charter school” means a charter school that does both of the following:

(1)Provides a high school dropout recovery and diploma-completion program for a pupil who is 16 to 27 years of age, inclusive, that has dropped out of high school.

(2)Provides

(b) For purposes of this section, an “at-promise charter school” means a charter school that provides and operates a high school dropout recovery and diploma-completion program pursuant to a memorandum of understanding with any of the following entities:

(A)

(1) A local educational agency.

(B)

(2) A county office of education.

(C)

(3) A county probation department.

(D)

(4) A juvenile hall, camp, ranch, or other county-operated juvenile detention facility because of an incident of juvenile delinquency.

(E)

(5) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).

(F)

(6) Federally affiliated Youth Build programs.

(G)

(7) Federal Job Corps.

(H)

(8) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Section 14406 or 14507.5 of the Public Resources Code.

SEC. 2.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)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 charter schools only for pupils who are residents of the county in which the apportionment claim is reported, who are residents of a county immediately adjacent to the county in which the apportionment claim is reported, or who are enrolled in an at-promise charter school, as defined in Section 47612.3.

(d)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)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 to average daily attendance reported for apportionment purposes beginning July 1, 1992.

(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).