SECTIONS 47660-47664 - California Statutes

EDUCATION CODE

SECTION 47660-47664

47660. (a) For purposes of computing eligibility for, and
entitlements to, general purpose funding and operational funding for
categorical programs, the enrollment and average daily attendance of
a sponsoring local educational agency shall exclude the enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
(b) (1) Notwithstanding subdivision (a), and commencing with the
2005-06 fiscal year, for purposes of computing eligibility for, and
entitlements to, revenue limit funding, the average daily attendance
of a unified school district, other than a unified school district
that has converted all of its schools to charter status pursuant to
Section 47606, shall include all attendance of pupils who reside in
the unified school district and who would otherwise have been
eligible to attend a noncharter school of the school district, if the
school district was a basic aid school district in the prior fiscal
year, or if the pupils reside in the unified school district and
attended a charter school of that school district that converted to
charter status on or after July 1, 2005. Only the attendance of the
pupils described by this paragraph shall be included in the
calculation made pursuant to paragraph (7) of subdivision (h) of
Section 42238.
(2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
only, for purposes of computing eligibility for, and entitlements to,
revenue limit funding, the average daily attendance of a unified
school district, other than a unified school district that has
converted all of its schools to charter status pursuant to Section
47606 and is operating them as charter schools, shall include all
attendance of pupils who reside in the unified school district and
who would otherwise have been eligible to attend a noncharter school
of the unified school district if the pupils attended a charter
school operating in the unified school district prior to July 1,
2005. Only the attendance of pupils described by this paragraph shall
be included in the calculation made pursuant to Section 42241.3. The
attendance of the pupils described by this paragraph shall be
included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
(c) (1) For the attendance of pupils specified in subdivision (b),
the general-purpose entitlement for a charter school that is
established through the conversion of an existing public school
within a unified school district on or after July 1, 2005, but before
January 1, 2010, shall be determined using the following amount of
general-purpose funding per unit of average daily attendance, in lieu
of the amount calculated pursuant to subdivision (a) of Section
47633:
(A) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year prior to
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as a charter
school.
(B) For a subsequent fiscal year, the general-purpose entitlement
shall be determined based on the amount per unit of average daily
attendance allocated in the prior fiscal year adjusted for the base
revenue limit per pupil inflation increase adjustment set forth in
Section 42238.1, if this adjustment is provided, and also adjusted
for equalization, deficit reduction, and other state general-purpose
increases, if any, provided for the unified school district in that
fiscal year.
(2) This subdivision shall not apply to a charter school that is
established through the conversion of an existing public school
within a unified school district on or after January 1, 2010, which
instead shall receive general-purpose funding
pursuant to Section 47633. This paragraph does not preclude a
charter school or unified school district from agreeing to an
alternative funding formula.
(d) Commencing with the 2005-06 fiscal year, the general-purpose
funding per unit of average daily attendance specified for a unified
school district for purposes of paragraph (7) of subdivision (h) of
Section 42238 for a school within the unified school district that
converted to charter status on or after July 1, 2005, shall be deemed
to be the amount computed pursuant to subdivision (c).
(e) A unified school district that is the sponsoring local
educational agency as defined in subdivision (j) of Section 47632 of
a charter school that is subject to paragraphs (1) and (2) of
subdivision (c) shall certify to the Superintendent the amount
specified in paragraph (1) of subdivision (c) prior to the approval
of the charter petition by the governing board of the school
district. This amount may be based on estimates of the unrestricted
revenues expended in the fiscal year prior to the school's conversion
to charter status and the school's operation as a charter school,
provided that the amount is recertified when the actual data becomes
available.
(f) For the purposes of this section, "basic aid school district"
means a school district that does not receive from the state an
apportionment of state funds pursuant to subdivision (h) of Section
42238.
(g) A school district may use the existing Standardized Account
Code Structure and cost allocation methods, if appropriate, for an
accounting of the actual unrestricted revenues expended in support of
a school pursuant to subdivision (c).
(h) For purposes of this section and Section 42241.3, "operating"
means that pupils are attending and receiving instruction at the
charter school.

47662. For purposes of Section 42238, the property tax revenues
received by a sponsoring local educational agency pursuant to Chapter
3.5 (commencing with Section 75) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code shall be
reduced by the amount of funding in lieu of property taxes allocated
to a charter school or schools pursuant to Section 47635.

47663. (a) For a pupil of a charter school sponsored by a basic aid
school district who resides in, and is otherwise eligible to attend,
a school district other than a basic aid school district, the
Superintendent of Public Instruction shall apportion to the
sponsoring school district an amount equal to 70 percent of the
revenue limit per unit of average daily attendance that would have
been apportioned to the school district that the pupil resides in and
would otherwise have been eligible to attend.
(b) A district that loses basic aid status as a result of
transferring property taxes to a charter school or schools pursuant
to Section 47635 shall be eligible to receive a pro rata share of
funding provided by subdivision (a), with the proration factor
calculated as the ratio of the following:
(1) The amount of property taxes that the district receives in
excess of its total revenue limit guarantee, prior to any transfers
made pursuant to Section 47635.
(2) The total amount of property taxes transferred pursuant to
Section 47635 to the charter school or schools that it sponsors.
(c) The Superintendent of Public Instruction may not apportion
funds for the attendance of a pupil in a charter school of a nonbasic
aid school district who resides in, and is otherwise eligible to
attend school in, a basic aid school district unless the pupil is
subject to the exception set forth in paragraph (5) of subdivision
(b) of Section 47635.
(d) For purposes of this section, "basic aid school district"
means a school district that does not receive from the state, for any
fiscal year in which the subdivision is applied, an apportionment of
state funds pursuant to subdivision (h) of Section 42238.

47664. (a) A school district in which all schools have been
converted to charter schools pursuant to Section 47606, at the school
district's discretion, may use the funding method provided for by
this chapter. A school district that elects to have its funding
determined pursuant to the method provided for by this chapter shall
so notify the Superintendent of Public Instruction by June 1 prior to
the affected fiscal year. Once made, an election to be funded
pursuant to the method provided for by this chapter is irrevocable.
(b) In the case of a school district in which all schools have
been converted to charter schools pursuant to Section 47606, and that
has not elected to be funded pursuant to the method provided for by
this chapter, any increase in district average daily attendance
attributable to pupils who reside in, and would otherwise be eligible
to attend, a district other than the district sponsoring the charter
school shall be funded at the lesser of the following:
(1) The sponsoring district's own base revenue limit per unit of
average daily attendance.
(2) The statewide average base revenue limit per unit of average
daily attendance for districts of a similar type. For purposes of
this paragraph, increases in average daily attendance shall be
measured relative to the 1998-99 fiscal year or the fiscal year in
which all schools in the district were converted to charter schools
pursuant to Section 47606, whichever fiscal year is later.
(c) A school district in which all schools have been converted to
charter schools pursuant to Section 47606 and that is the sponsoring
entity for a charter school or schools that were previously funded
pursuant to the method provided pursuant to this chapter shall have
its base revenue limit computed as follows:
(1) The average daily attendance of the charter school or schools
for the fiscal year prior to the fiscal year in which the conversion
is effective shall be multiplied by the statewide average base
revenue limit per unit of average daily attendance for districts of
similar type for the fiscal year in which the conversion is
effective.
(2) The school district's remaining average daily attendance for
the fiscal year prior to the fiscal year in which the conversion is
effective shall be multiplied by the school district's base revenue
limit per unit of average daily attendance for the fiscal year in
which the conversion is effective.
(3) The amounts computed in paragraphs (1) and (2) shall be added
and this total shall be divided by the district's total average daily
attendance, including average daily attendance in charter schools
for which it is the sponsoring entity, for the fiscal year prior to
the fiscal year in which the conversion is effective.