SECTIONS 47610-47615 - California Statutes

EDUCATION CODE

SECTION 47610-47615

47610. A charter school shall comply with this part and all of the
provisions set forth in its charter, but is otherwise exempt from the
laws governing school districts, except all of the following:
(a) As specified in Section 47611.
(b) As specified in Section 41365.
(c) All laws establishing minimum age for public school
attendance.
(d) The California Building Standards Code (Part 2 (commencing
with Section 101) of Title 24 of the California Code of Regulations),
as adopted and enforced by the local building enforcement agency
with jurisdiction over the area in which the charter school is
located.
(e) Charter school facilities shall comply with subdivision (d) by
January 1, 2007.

47610.5. A charter school facility is exempt from the requirements
of subdivision (d) of Section 47610 if either of the following
conditions apply:
(a) The charter school facility complies with Article 3
(commencing with Section 17280) and Article 6 (commencing with
Section 17365) of Chapter 3 of Part 10.5.
(b) The charter school facility is exclusively owned or controlled
by an entity that is not subject to the California Building
Standards Code, including, but not limited to, the federal
government.

47611. (a) If a charter school chooses to make the State Teacher's
Retirement Plan available, all employees of the charter school who
perform creditable service shall be entitled to have that service
covered under the plan's Defined Benefit Program or Cash Balance
Benefit Program, and all provisions of Part 13 (commencing with
Section 22000) and Part 14 (commencing with Section 26000) shall
apply in the same manner as the provisions apply to other public
schools in the school district that granted the charter.
(b) (1) If a charter school offers its employees coverage by the
State Teachers' Retirement System or the Public Employees' Retirement
System, or both, the charter school shall inform all applicants for
positions within that charter school of the retirement system options
for employees of the charter school.
(2) The information shall specifically include whether the charter
school makes available to employees coverage under the State
Teachers' Retirement System, the Public Employees' Retirement System,
or both systems, and that accepting employment in the charter school
may exclude the applicant from further coverage in the applicant's
current retirement system, depending on the retirement options
offered by the charter of the charter school.

47611.3. (a) At the request of a charter school, a school district
or county office of education that is the chartering authority of a
charter school shall create any reports required by the State
Teachers' Retirement System and the Public Employees' Retirement
System. The county superintendent of schools, employing agency, or
school district that reports to those systems pursuant to Section
23004 of this code or Section 20221 of the Government Code shall
submit the required reports on behalf of the charter school. The
school district or county office of education may charge the charter
school for the actual costs of the reporting services.
(b) As a condition of creating and submitting reports for the
State Teachers' Retirement System and the Public Employees Retirement
System, the school district or county office of education shall not
require a charter school to purchase payroll processing services from
the chartering authority. Information submitted on behalf of the
charter school to the State Teachers' Retirement System, the Public
Employees' Retirement System, or both, shall be in a format
conforming to the requirements of those systems.

47611.5. (a) Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code shall apply to charter
schools.
(b) A charter school charter shall contain a declaration regarding
whether or not the charter school shall be deemed the exclusive
public school employer of the employees at the charter school for the
purposes of Section 3540.1 of the Government Code. If the charter
school is not so deemed a public school employer, the school district
where the charter is located shall be deemed the public school
employer for the purposes of Chapter 10.7 (commencing with Section
3540) of Division 4 of the Government Code.
(c) If the charter of a charter school does not specify that it
shall comply with those statutes and regulations governing public
school employers that establish and regulate tenure or a merit or
civil service system, the scope of representation for that charter
school shall also include discipline and dismissal of charter school
employees.
(d) The Public Employment Relations Board shall take into account
the Charter Schools Act of 1992 (Part 26.8 (commencing with Section
47600)) when deciding cases brought before it related to charter
schools.
(e) The approval or a denial of a charter petition by a granting
agency pursuant to subdivision (b) of Section 47605 shall not be
controlled by collective bargaining agreements nor subject to review
or regulation by the Public Employment Relations Board.
(f) By March 31, 2000, all existing charter schools must declare
whether or not they shall be deemed a public school employer in
accordance with subdivision (b), and such declaration shall not be
materially inconsistent with the charter.

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 limited to, appropriations made
for the 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 of Education 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, Section 41301, Section 41302.5, Article 10 (commencing
with Section 41850) of Chapter 5 of Part 24, Section 47638, and
Sections 8 and 8.5 of Article XVI of the California Constitution.

47612.1. Except for the requirement that a pupil be a California
resident, subdivision (b) of Section 47612 shall not apply to a
charter school program that provides instruction exclusively in
partnership with any of the following:
(a) The federal Workforce Investment Act of 1998 (Pub. L. No.
105-220; 29 U.S.C. Sec. 2801, et seq.).
(b) Federally affiliated Youth Build programs.
(c) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(d) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14406 or 14507.5 of the Public Resources Code.

47612.5. (a) Notwithstanding any other provision of law and as a
condition of apportionment, a charter school shall do all of the
following:
(1) For each fiscal year, offer, at a minimum, the following
number of minutes of instruction:
(A) To pupils in kindergarten, 36,000 minutes.
(B) To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(C) To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(D) To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(2) Maintain written contemporaneous records that document all
pupil attendance and make these records available for audit and
inspection.
(3) Certify that its pupils have participated in the state testing
programs specified in Chapter 5 (commencing with Section 60600) of
Part 33 in the same manner as other pupils attending public schools
as a condition of apportionment of state funding.
(b) Notwithstanding any other provision of 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 of
Education 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 of
Education shall be guided by subdivision (l) of Section 47605.
(c) A reduction in apportionment made pursuant to subdivision (a)
shall be proportional to the magnitude of the exception that causes
the reduction. For purposes of paragraph (1) of subdivision (a), for
each charter school that fails to offer pupils the minimum number of
minutes of instruction specified in that paragraph, the
Superintendent shall withhold from the charter school's apportionment
for average daily attendance of the affected pupils, by grade level,
the sum of that apportionment multiplied by the percentage of the
minimum number of minutes of instruction at each grade level that the
charter school failed to offer.
(d) (1) Notwithstanding any other provision of 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 of Education. The determination
for funding shall be subject to any conditions or limitations the
State Board of Education may prescribe. The State Board of Education
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 of Education 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 of Education 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 prior to 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
of Education reviewed when initially determining funding would not
require material revision, as that term is defined in regulations
adopted by the board. Notwithstanding any provision of law, the State
Board of Education 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 of Education 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 may 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 provision of law, and as a
condition of apportionment, "classroom-based instruction" in a
charter school, for the 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 teaching
certification in accordance with subdivision (l) of Section 47605.
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)
of Section 47612.5.
(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 of
Education 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 provision of law, neither the State
Board of Education, nor the Superintendent may waive the requirements
of paragraph (1) of subdivision (a).

47612.6. (a) The State Board of Education may waive fiscal
penalties calculated pursuant to subdivision (c) of Section 47612.5
for a charter school that fails to offer the minimum number of
instructional minutes required pursuant to subdivision (a) of Section
47612.5 for the fiscal year.
(b) For fiscal penalties incurred as a result of providing
insufficient instructional minutes in the 2002-03 fiscal year, or any
fiscal year thereafter, the State Board of Education may grant a
waiver only upon the condition that the charter school agrees to
maintain minutes of instruction equal to those minutes of instruction
it failed to offer and the minimum number of instructional minutes
required pursuant to subdivision (a) of Section 47612.5 for twice the
number of years that it failed to maintain the required minimum
number of instructional minutes for the fiscal year. Compliance with
the condition shall commence no later than the school year following
the fiscal year that the waiver was granted and shall continue for
each subsequent school year until the condition is satisfied.
(c) Compliance with the condition set forth in subdivision (b)
shall be verified in the report of the annual audit of the charter
school for each fiscal year in which it is required to maintain
additional time pursuant to subdivision (b). If the audit report for
a year in which the additional time is required to be maintained does
not verify that the additional time was provided, the waiver granted
pursuant to subdivision (b) shall be revoked and the charter school
shall repay the fiscal penalty calculated pursuant to subdivision (c)
of Section 47612.5, in accordance with subdivision (a) of Section
41344.
(d) It is the intent of the Legislature that charter schools make
every effort to make up any instructional minutes lost during the
fiscal year in which the loss occurred rather than seek a waiver
pursuant to this section.

47612.7. (a) Notwithstanding Section 47612.5 or any other provision
of law, the Center for Advanced Research and Technology, operating
pursuant to a joint powers agreement between the Clovis Unified
School District and the Fresno Unified School District, is eligible
to receive general-purpose funding, as calculated pursuant to Section
47633, for the 2005-06 and 2006-07 fiscal years for a total average
daily attendance not to exceed the center's average daily attendance
as determined at the second principal apportionment for the 2005-06
and 2006-07 fiscal years, respectively, and for the 2007-08 fiscal
year for a total average daily attendance not to exceed the center's
average daily attendance as determined at the second principal
apportionment for the 2006-07 fiscal year.
(b) Commencing with the 2008-09 fiscal year, the Center for
Advanced Research and Technology, as described in subdivision (a), is
not eligible to receive funding pursuant to Chapter 6 (commencing
with Section 47630).(c) This section shall become inoperative on July
1, 2012, and, as of January 1, 2013, is repealed, unless a later
enacted statute, that becomes operative on or before January 1, 2013,
deletes or extends the dates on which it becomes inoperative and is
repealed.

47613. (a) Except as set forth in subdivision (b), a chartering
authority may charge for the actual costs of supervisorial oversight
of a charter school not to exceed 1 percent of the revenue of the
charter school.
(b) A chartering authority may charge for the actual costs of
supervisorial oversight of a charter school not to exceed 3 percent
of the revenue of the charter school if the charter school is able to
obtain substantially rent free facilities from the chartering
authority.
(c) A local agency that is given the responsibility for
supervisorial oversight of a charter school, pursuant to paragraph
(1) of subdivision (k) of Section 47605, may charge for the actual
costs of supervisorial oversight, and administrative costs necessary
to secure charter school funding. A charter school that is charged
for costs under this subdivision may not be charged pursuant to
subdivision (a) or (b).
(d) This section does not prevent the charter school from
separately purchasing administrative or other services from the
chartering authority or any other source.
(e) For purposes of this section, a chartering authority means a
school district, county board of education, or the state board, that
granted the charter to the charter school.
(f) For purposes of this section, "revenue of the charter school"
means the general purpose entitlement and categorical block grant, as
defined in subdivisions (a) and (b) of Section 47632.
(g) (1) The California Research Bureau of the California State
Library shall prepare and submit to the Legislature on or before
January 8, 2009, a report on the key elements and actual costs of
charter school oversight. For purposes of the report, the bureau
shall define fiscal and academic oversight and shall include any
financial relationship between a charter school and its chartering
authority that has the effect of furthering the operations of the
charter school and that may provide opportunities to oversee the
charter school. The report, at a minimum, shall address all of the
following issues:
(A) The range of annual activities that entities providing
supervisorial oversight of charter schools are expected to perform.
(B) Staff time spent on reviewing charter petitions measured by
the size of school districts and the number of charter petitions
reviewed.
(C) Staff time spent on oversight responsibilities measured by the
size of school districts and the number of charter schools.
(D) Best practices for charter school oversight measured by
efficiency and effectiveness. A cost analysis of those best practices
after being measured by efficiency and effectiveness.
(E) Comparison of school district costs and revenues attributable
to charter school oversight.
(F) Administrative services provided to a charter school by a
chartering authority, such as human resources, that may be useful in
the oversight of the charter school and chartering authority revenues
attributable to those services.
(G) Length of time required to review a single charter petition.
(H) Recommendations for structuring charter school oversight and
accountability in California, including an assessment of whether or
not the associated costs specified in subdivisions (a) and (b) and
subparagraph (F) are adequate to support appropriate supervisorial
oversight.
(2) In preparing its report, the California Research Bureau shall
consult with an advisory panel to ensure technical accuracy.

47613.1. The Superintendent of Public Instruction shall make all of
the following apportionments on behalf of a charter school in a
school district in which all schools have been converted to charter
schools pursuant to Section 47606, and that elects not to be funded
pursuant to the block grant funding model set forth in Section 47633
in each fiscal year that the charter school so elects:
(a) From funds appropriated to Section A of the State School Fund
for apportionment for that fiscal year pursuant to Article 2
(commencing with Section 42238) of Chapter 7 of Part 24, an amount
for each unit of current fiscal year regular average daily attendance
in the charter school that is equal to the current fiscal year base
revenue limit for the school district to which the charter petition
was submitted.
(b) For each pupil enrolled in the charter school who is entitled
to special education services, the state and federal funds for
special education services for that pupil that would have been
apportioned for that pupil to the school district to which the
charter petition was submitted.
(c) Funds for the programs described in clause (i) of subparagraph
(B) of paragraph (1) of subdivision (a) of Section 54761, and
Sections 63000 and 64000, to the extent that any pupil enrolled in
the charter school is eligible to participate.

47613.2. Notwithstanding Sections 47613.1 and 47661, for the
2000-01 fiscal year, the revenue limit of an elementary school
district may be determined using either the current or prior year
second principal apportionment average daily attendance, whichever is
greater, if all the schools in the district were converted to
charter schools in the 2000-01 fiscal year and the district continued
to be funded through the base revenue limit method.

47614. (a) The intent of the people in amending Section 47614 is
that public school facilities should be shared fairly among all
public school pupils, including those in charter schools.
(b) Each school district shall make available, to each charter
school operating in the school district, facilities sufficient for
the charter school to accommodate all of the charter school's
in-district students in conditions reasonably equivalent to those in
which the students would be accommodated if they were attending other
public schools of the district. Facilities provided shall be
contiguous, furnished, and equipped, and shall remain the property of
the school district. The school district shall make reasonable
efforts to provide the charter school with facilities near to where
the charter school wishes to locate, and shall not move the charter
school unnecessarily.
(1) The school district may charge the charter school a pro rata
share (based on the ratio of space allocated by the school district
to the charter school divided by the total space of the district) of
those school district facilities costs which the school district pays
for with unrestricted general fund revenues. The charter school
shall not be otherwise charged for use of the facilities. No school
district shall be required to use unrestricted general fund revenues
to rent, buy, or lease facilities for charter school students.
(2) Each year each charter school desiring facilities from a
school district in which it is operating shall provide the school
district with a reasonable projection of the charter school's average
daily classroom attendance by in-district students for the following
year. The district shall allocate facilities to the charter school
for that following year based upon this projection. If the charter
school, during that following year, generates less average daily
classroom attendance by in-district students than it projected, the
charter school shall reimburse the district for the over-allocated
space at rates to be set by the State Board of Education.
(3) Each school district's responsibilities under this section
shall take effect three years from the effective date of the measure
which added this subparagraph, or if the school district passes a
school bond measure prior to that time on the first day of July next
following such passage.
(4) Facilities requests based upon projections of fewer than 80
units of average daily classroom attendance for the year may be
denied by the school district.
(5) The term "operating," as used in this section, shall mean
either currently providing public education to in-district students,
or having identified at least 80 in-district students who are
meaningfully interested in enrolling in the charter school for the
following year.
(6) The State Department of Education shall propose, and the State
Board of Education may adopt, regulations implementing this
subdivision, including but not limited to defining the terms "average
daily classroom attendance," "conditions reasonably equivalent,"
"in-district students," "facilities costs," as well as defining the
procedures and establishing timelines for the request for,
reimbursement for, and provision of, facilities.

47614.5. (a) The Charter School Facility Grant Program is hereby
established and shall be administered by the department. The grant
program is intended to provide assistance with facilities rent and
lease costs for pupils in charter schools.
(b) Subject to the annual Budget Act, eligible schools shall
receive an amount of up to, but not more than, seven hundred fifty
dollars ($750) per unit of average daily attendance, as certified at
the second principal apportionment, to provide an amount of up to,
but not more than, 75 percent of the annual facilities rent and lease
costs for the charter school. In any fiscal year, if the funds
appropriated for the purposes of this section by the annual Budget
Act are insufficient to fund the approved amounts fully, the
Superintendent shall apportion the available funds on a pro rata
basis.
(c) For purposes of this section, the department shall do all of
the following:
(1) Inform charter schools of the grant program.
(2) Upon application by a charter school, determine eligibility,
based on the geographic location of the charter schoolsite, pupil
eligibility for free or reduced price meals, and a preference in
admissions, as appropriate. Eligibility for funding shall not be
limited to the grade level or levels served by the school whose
attendance area is used to determine eligibility. Charter schoolsites
are eligible for funding pursuant to this section if the charter
schoolsite meets either of the following conditions:
(A) The charter schoolsite is physically located in the attendance
area of a public elementary school in which 70 percent or more of
the pupil enrollment is eligible for free or reduced priced meals and
the schoolsite gives a preference in admissions to pupils who are
currently enrolled in that public elementary school and to pupils who
reside in the elementary school attendance area where the charter
schoolsite is located.
(B) Seventy percent or more of the pupil enrollment at the charter
schoolsite is eligible for free or reduced price meals.
(3) Inform charter schools of their grant eligibility.
(4) Allocate funding to charter schools for eligible expenditures
in a timely manner.
(5) No later than June 30, 2005, report to the Legislature on the
number of charter schools that have participated in the grant program
pursuant to the expanded eligibility prescribed in paragraph (2). In
addition, the report shall provide recommendations and suggestions
on improving the grant program.
(d) Funds appropriated for purposes of this section shall not be
apportioned for any of the following:
(1) Units of average daily attendance generated through
nonclassroom-based instruction as defined by paragraph (2) of
subdivision (d) of Section 47612.5 or that does not comply with
conditions or limitations set forth in regulations adopted by the
state board pursuant to this section.
(2) Charter schools occupying existing school district or county
office of education facilities.
(3) Charter schools receiving reasonably equivalent facilities
from their chartering authority pursuant to Section 47614.
(e) Funds appropriated for purposes of this section shall be used
for costs associated with facilities rents and leases, consistent
with the definitions used in the California School Accounting Manual.
These funds also may be used for costs, including, but not limited
to, costs associated with remodeling buildings, deferred maintenance,
initially installing or extending service systems and other built-in
equipment, and improving sites.
(f) If an existing charter school located in an elementary
attendance area in which less than 50 percent of pupil enrollment is
eligible for free or reduced price meals relocates to an attendance
area identified in paragraph (2) of subdivision (c), admissions
preference shall be given to pupils who reside in the elementary
school attendance area into which the charter school is relocating.
(g) The Superintendent annually shall report to the state board
regarding the use of funds that have been made available during the
fiscal year to each charter school pursuant to the grant program.
(h) It is the intent of the Legislature that not less than
eighteen million dollars ($18,000,000) annually be appropriated for
purposes of the grant program on the same basis as other elementary
and secondary education categorical programs.
(i) The Superintendent shall annually allocate the facilities
grants to eligible charter schools no later than October 1 of each
fiscal year or 90 days after enactment of the annual Budget Act,
whichever is later, for the current school year rent and lease costs.
However, the department shall first use the funding appropriated for
this program to reimburse eligible charter schools for unreimbursed
rent or lease costs for the prior school year.

47614.7. (a) The Budget Act for the 2008-09 fiscal year and the
Budget Acts for each fiscal year thereafter shall appropriate to the
department for the purpose of the Charter School Facility Grant
Program, as set forth in Section 47614.5, an amount equal to the
amount appropriated for the program in the 2007-08 fiscal year, plus
the amount equal to the reduction in funding for the Year-Round
School Grant Program (Article 3 (commencing with Section 42260) of
Chapter 7 of Part 24 of Division 3) associated with the reduction in
the grants for year-round schools that is set forth in Section 42270.
(b) If this act is enacted after the Budget Act of 2008 is enacted
and if the Budget Act of 2008 does not reflect the reallocation of
funds as specified in subdivision (a), the Director of Finance, upon
notice to the Joint Legislative Budget Committee, shall transfer 20
percent of the amount appropriated in Item 6110-224-0001 to Item
6110-220-0001 of Section 2.00 of the Budget Act of 2008 to accomplish
the reallocation of funding specified in subdivision (a).
(c) If the Budget Act for any of the 2009-10 to 2012-13 fiscal
years, inclusive, does not reflect the reallocation of funds
specified in subdivision (a), the Director of Finance, upon notice to
the Joint Legislative Budget Committee, shall transfer an amount
appropriated in Item 6110-224-0001 of Section 2.00 of the Budget Act
for any of those fiscal years, as applicable, to Item 6110-200-0001
of Section 2.00 of the Budget Act for that fiscal year in order to
accomplish the reallocation of funds specified in subdivision (a).
The total amount of the reallocation in each fiscal year pursuant to
this subdivision shall be no less than the applicable amount
specified in the following schedule:
(1) For the 2009-10 fiscal year, 40 percent of the amount expended
from Item 6110-224-0001 of Section 2.00 of the Budget Act of 2007.
(2) For the 2010-11 fiscal year, 60 percent of the amount expended
from Item 6110-224-0001 of Section 2.00 of the Budget Act of 2007.
(3) For the 2011-12 fiscal year, 80 percent of the amount expended
from Item 6110-224-0001 of Section 2.00 of the Budget Act of 2007.
(4) For the 2012-13 fiscal year, 100 percent of the amount
expended from Item 6110-224-0001 of Section 2.00 of the Budget Act of
2007.
(d) It is the intent of the Legislature that the funding level for
the Charter Schools Facility Grant Program for the 2012-13 fiscal
year be considered the base level of funding for subsequent fiscal
years.

47615. (a) The Legislature finds and declares all of the following:
(1) Charter schools are part of the Public School System, as
defined in Article IX of the California Constitution.
(2) Charter schools are under the jurisdiction of the Public
School System and the exclusive control of the officers of the public
schools, as provided in this part.
(3) Charter schools shall be entitled to full and fair funding, as
provided in this part.
(b) This part shall be liberally construed to effectuate the
findings and declarations set forth in this section.