reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 1 - General Provisions › Section 46305.

46305. Each elementary, high school, and unified school district shall report to the Superintendent of Public Instruction on forms prepared by the Department of Education in addition to all other attendance data as required, the active enrollment as of the third Wednesday of each school month and the actual attendance on the third Wednesday of each school month; except that if such day is a school holiday, the active enrollment and actual attendance of the first immediate preceding schoolday shall be reported. “Active enrollment” on a day a count is taken means the pupils in enrollment in the regular schooldays of the district on the first day of the school year on which the schools were in session, plus all later enrollees, minus all withdrawals since that day.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 1 - General Provisions › Section 46307.

46307. Attendance of individuals with exceptional needs, identified pursuant to Chapter 4 (commencing with Section 56300) of Part 30, enrolled in a special day class or given instruction individually or in a home, hospital, or licensed children’s institution who attend school for either the same number of minutes that constitutes a minimum schoolday pursuant to Chapter 2 (commencing with Section 46100), or for the number of minutes of attendance specified in that pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30, whichever is less, shall constitute a day of attendance.
(Amended by Stats. 1997, Ch. 825, Sec. 19. Effective October 9, 1997.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 1 - General Provisions › Section 46307.1.

46307.1. The computation of average daily attendance pursuant to this chapter shall not include the attendance of minors between the ages of 18 months and three years, inclusive, enrolled in programs operated by a county superintendent of schools who are physically handicapped, deaf or hard of hearing, or have speech disorders or speech defects.
(Added by Stats. 1987, Ch. 1452, Sec. 393.5.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 6 - County School Service Fund › Section 46360.

46360. The average daily attendance of individuals with exceptional needs given instruction by a county superintendent of schools and whose attendance is credited to the county school service fund, shall be computed by dividing the total days of attendance of such pupils during the fiscal year by 175.
(Amended by Stats. 1987, Ch. 1452, Sec. 395.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 7 - County School Tuition Fund › Section 46380.

46380. The average daily attendance for the fiscal year of pupils residing in a county of this state and attending a school in an adjoining state under Article 1 (commencing with Section 2000) of Chapter 7 of Part 2 of Division 1 of Title 1 shall be reported using the methodology for reporting second principal apportionment attendance as provided in Section 41601.
(Amended by Stats. 2018, Ch. 32, Sec. 40. (AB 1808) Effective June 27, 2018.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 8 - Emergency Average Daily Attendance › Section 46390.

46390. Where a school in a district maintaining more than one school is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in Section 41422, the average daily attendance of the school shall be estimated separately, as provided in Section 46392, and added to the average daily attendance of the other schools of the district.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 3 - Average Daily Attendance › ARTICLE 8 - Emergency Average Daily Attendance › Section 46391.

46391. Whenever any attendance records of any district have been lost or destroyed, making it impossible for an accurate report on average daily attendance for the district for any fiscal year to be rendered, which fact shall be shown to the satisfaction of the Superintendent of Public Instruction by the affidavits of the members of the governing board of the district and the county superintendent of schools, the Superintendent of Public Instruction shall estimate the average daily attendance of such district. The estimated average daily attendance shall be deemed to be the actual average daily attendance for that fiscal year for the making of apportionments to the school district from the State School Fund.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46600.1.

46600.1. For purposes of this chapter, the following terms have the following meanings:
(a) “Class 1 county” and “class 2 county” have the same meanings as defined in subdivision (e) of Section 48919.5.
(b) “County board of education” means the county board that has jurisdiction over the school district denying the permit.
(c) “Current year request” means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(d) (1) For purposes of appealing to the county board of education, a “denial” includes a school district’s failure to provide written notification of the school district’s decision within the timelines prescribed in this chapter.
(2) A “denial” shall not include any of the following:
(A) A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2.
(B) An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district.
(C) A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence.
(e) “Future year request” means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought.
(f) “Parent” means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder.
(g) “School district of proposed enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this chapter.
(h) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to the compulsory education requirements as specified in Section 48200.
(Added by Stats. 2018, Ch. 550, Sec. 2. (AB 2826) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46600.2.

46600.2. (a) Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following:
(1) The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year.
(2) The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
(3) If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision.
(4) That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request.
(5) Applicable timelines for processing a request, including statements that the school district shall do both of the following:
(A) Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received.
(B) Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought.
(6) The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.
(b) A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial.
(c) Any written notice to parents regarding a school district’s decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods:
(1) Regular mail.
(2) Electronic format, if the parent provides an email address.
(3) By any other method normally used to communicate with parents in writing.
(Added by Stats. 2018, Ch. 550, Sec. 3. (AB 2826) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46602.

46602. (a) If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes.
(b) Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods:
(1) Regular mail.
(2) Electronic format, if the parent provides an email address.
(3) By any other method normally used to communicate with parents in writing.
(Amended by Stats. 2018, Ch. 550, Sec. 5. (AB 2826) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46603.

46603. (a) (1) For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education.
(2) The period of provisional attendance begins on the first day of the pupil’s attendance in the school.
(3) If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program.
(4) Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer.
(b) Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes.
(Amended by Stats. 2018, Ch. 550, Sec. 6. (AB 2826) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46604.

46604. If the governing board of a school district in which pupils reside who are lawfully attending in another district fails or refuses to pay, when due, the amount required to be paid to the district of attendance for the education of those pupils under any provision of this code, the county superintendent of schools having jurisdiction over the district of residence shall draw a requisition against the funds of the district of residence in favor of the district of attendance in payment of that amount and transmit the requisition to the governing board of the district of attendance.
(Added by renumbering Section 46612 by Stats. 1986, Ch. 742, Sec. 11.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46606.

46606. (a) A regional occupational program or regional occupational center maintained by a school district, county superintendent of schools, or a regional occupational program or regional occupational center maintained by two or more school districts pursuant to a joint powers or cooperative agreement, may admit pupils who reside outside the attendance area of the regional occupational program or regional occupational center.
(b) The average daily attendance for attendance of pupils who reside outside of the regional occupational center or program attendance area and are enrolled in a regional occupational center or program pursuant to Section 52317 shall be credited to the regional occupational center or program that incurs the training costs for purposes of determining state apportionments and the revenue limits.
(c) For purposes of computing the revenue limits for pupils who enroll in a regional occupational center or program outside their district of residence, the regional occupational center or program shall claim its own revenue limit.
(d) The regional occupational center or program is not eligible for state reimbursement for home-to-school transportation allowances for pupils who are enrolled in the regional occupational center or program pursuant to this section.
(Amended by Stats. 1991, Ch. 64, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46607.

46607. (a) Except as provided in subdivision (b) or (c), the average daily attendance for attendance of pupils from another district shall be credited to the district of attendance for purposes of determining state apportionments and the revenue limit pursuant to Section 42237 or 42238.
(b) For any district that would have a reduction of 25 percent or more in its federal grant pursuant to Public Law 81-874 if the average daily attendance of pupils residing within the district were credited to the district of attendance, then the average daily attendance resulting from an interdistrict attendance agreement shall be credited to the district of residence and the district of residence shall pay a tuition to the district of attendance no later than the next August 31, after the close of the fiscal year as follows:
(1) For attendance in regular day schools and summer schools the tuition per unit of average daily attendance, if any, shall not exceed the actual cost per unit of average daily attendance for the grade level or program less any income, other than tuition, received by the district of attendance on account of such attendance.
(2) The district in which the pupil resides shall reduce its total revenue limit pursuant to Section 42238 by the total excess, if any, of its revenue limit per unit of average daily attendance multiplied by the total interdistrict attendance over the total tuition to be paid to districts of attendance.
The district in which the pupil resides may increase its total revenue limit pursuant to Section 42238 by the total excess, if any, of the total tuition to be paid to districts of attendance over the district of residence’s revenue limit per unit of average daily attendance multiplied by the total interdistrict average daily attendance.
(c) For any consortium of school districts operating an adult education and a regional occupational program serving four or more school districts, the school districts may agree to claim the unit of average daily attendance on the basis of the district of residence and pay such interdistrict tuition to the district of attendance as agreed to by the participating districts.
(Added by renumbering Section 46616 by Stats. 1986, Ch. 742, Sec. 15.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46609.

46609. The governing board of a unified school district, whose boundaries are coterminous with the boundaries of a county, and which is contiguous to an adjoining state, may provide for the education of all or any number of the high school pupils of the district who reside in the district by the attendance of these pupils at the schools of a school district of an adjoining state. The governing board of the unified school district may enter an agreement with the school district of an adjoining state for the education of these pupils, subject to the terms and conditions agreed upon. The provisions of Sections 2000 to 2011, inclusive, do not apply to pupils educated pursuant to an agreement authorized by this section.
The average daily attendance of pupils educated pursuant to an agreement authorized by this section shall be credited to the district of residence for apportionment purposes. The superintendent of schools of the district, or the principal of the school, in the adjoining state attended by the pupils under such an agreement shall, not later than July 2 of each year, certify, to the county superintendent of schools having jurisdiction over the school district of residence of the pupils, the average daily attendance of the pupils of the district attending the schools of the school district in the adjoining state. Certification shall be made on forms furnished by the Superintendent of Public Instruction. The county superintendent of schools shall report the average daily attendance to the Superintendent of Public Instruction, who shall include the average daily attendance in his report of average daily attendance in all of the duly established schools of the state for the last preceding school year certified by him to the State Controller.
(Added by renumbering Section 46618 by Stats. 1986, Ch. 742, Sec. 17.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26 - ATTENDANCE FOR COMPUTING APPORTIONMENTS › CHAPTER 5 - Interdistrict Attendance Computation › Section 46610.

46610. (a) (1) Notwithstanding any other law, the Fallbrook Union High School District shall enter into an interdistrict attendance agreement with the Capistrano Unified School District to allow any pupil, at the request of his or her parent or guardian, to attend schools of the Capistrano Unified School District when the pupil resides in the San Onofre housing area of the Marine Corps Base, Camp Joseph H. Pendleton. No more than 150 pupils from the Fallbrook Union High School District may attend school in the Capistrano Unified School District pursuant to this interdistrict attendance agreement.
(2) The Fallbrook Union High School District shall be credited with the average daily attendance of these pupils solely for purposes of receiving federal grants pursuant to Public Law 81-874.
(b) The Fallbrook Union High School District shall pay tuition to the Capistrano Unified School District for the attendance of these pupils only in the amount computed pursuant to paragraphs (1) and (2), as follows:
(1) Divide the amount of funds paid pursuant to Section 3 of Public Law 81-874 (20 U.S.C. 238) to the Fallbrook Union High School District in the current fiscal year by the average daily attendance of the school district in the current fiscal year.
(2) Multiply the amount in subdivision (a) by the average daily attendance, for the year of attendance for secondary school pupils attending the schools of the Capistrano Unified School District pursuant to Section 46610.
(c) Notwithstanding any other law, the amount provided to the Fallbrook Union High School District and the Capistrano Unified School District for the 2012–13 fiscal year pursuant to this section and Section 46111, as these sections read on June 1, 2013, shall be included in the computations made pursuant to paragraph (2) of subdivision (a) of Section 42238.025, paragraph (2) of subdivision (a) of Section 42238.03, and paragraph (2) of subdivision (e) of Section 42238.03. For purposes of calculating funding pursuant to subdivisions (a) and (e) of Section 42238.03, the school district of residence shall be credited with the 2012–13 fiscal year revenue limit funding received for the pupils reported pursuant to this section after accounting for the amount of tuition paid to the school district of attendance. For purposes of calculating funding pursuant to subdivisions (a) and (e) of Section 42238.03, the school district of attendance shall be credited with the average daily attendance of the pupils reported pursuant to this section in the 2012–13 fiscal year, and the tuition received by the school district of residence pursuant to this section and Section 46611, as these sections read on March 1, 2014.
(Amended by Stats. 2014, Ch. 33, Sec. 35. (SB 859) Effective June 20, 2014.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47600.

47600. This part shall be known, and may be cited, as the “Charter Schools Act of 1992.”
(Added by Stats. 1992, Ch. 781, Sec. 1. Effective January 1, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47601.

47601. It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following:
(a) Improve pupil learning.
(b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving.
(c) Encourage the use of different and innovative teaching methods.
(d) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the schoolsite.
(e) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.
(f) Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule-based to performance-based accountability systems.
(g) Provide vigorous competition within the public school system to stimulate continual improvements in all public schools.
(Amended by Stats. 1998, Ch. 34, Sec. 1. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47602.

47602. (a) (1) In the 1998–99 school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the 1999–2000 school year, and in each successive school year thereafter, an additional 100 charter schools are authorized to operate in this state each successive school year. For the purposes of implementing this section, the State Board of Education shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section 47605 or Section 47605.8 and to each charter notice it receives pursuant to this part, based on the chronological order in which the notice is received. Each number assigned by the state board on or after January 1, 2003, shall correspond to a single petition that identifies a charter school that will operate within the geographic and site limitations of this part. The State Board of Education shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the existing limit on the number of charter schools that can be approved each year. For purposes of this section, sites that share educational programs and serve similar pupil populations may not be counted as separate schools. Sites that do not share a common educational program shall be considered separate schools for purposes of this section. The limits contained in this paragraph may not be waived by the State Board of Education pursuant to Section 33050 or any other provision of law.
(2) By July 1, 2003, the Legislative Analyst shall, pursuant to the criteria in Section 47616.5, report to the Legislature on the effectiveness of the charter school approach authorized under this part and recommend whether to expand or reduce the annual rate of growth of charter schools authorized pursuant to this section.
(b) No charter shall be granted under this part that authorizes the conversion of any private school to a charter school. No charter school shall receive any public funds for a pupil if the pupil also attends a private school that charges the pupil’s family for tuition. The State Board of Education shall adopt regulations to implement this section.
(Amended by Stats. 2002, Ch. 1058, Sec. 3. Effective January 1, 2003.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47603.

47603. (a) This part shall not be construed to prohibit any private person or organization from providing funding or other assistance to the establishment or operation of a charter school.
(b) This section shall become operative on July 1, 2017.
(Repealed (in Sec. 54) and added by Stats. 2012, Ch. 38, Sec. 55. (SB 1016) Effective June 27, 2012. Section operative July 1, 2017, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47604.

47604. (a) A charter school may elect to operate as, or be operated by, a nonprofit public benefit corporation, formed and organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(b) (1) On and after July 1, 2019, a petitioner that submits a charter petition or a charter school that submits a charter renewal or material revision application shall not operate as, or be operated by, a for-profit corporation, a for-profit educational management organization, or a for-profit charter management organization. For purposes of this section, a for-profit educational management organization and a for-profit charter management organization are entities that manage or operate a charter school.
(2) (A) “Operate as, or be operated by,” as referenced in paragraph (1), means services provided by a for-profit corporation to a charter school that include any of the following:
(i) Nominating, appointing, or removing board members or officers of the charter school.
(ii) Employing, supervising, or dismissing employees of the charter school, including certificated and noncertificated school personnel.
(iii) Managing the charter school’s day-to-day operations as its administrative manager.
(iv) Approving, denying, or managing the budget or any expenditures of the charter school that are not authorized by the governing body of the charter school.
(v) Providing services to a charter school before the governing body of the charter school has approved the contract for those services at a publicly noticed meeting.
(B) A charter school shall not enter into a subcontract to avoid the requirements of this paragraph.
(c) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation shall be entitled to a single representative on the board of directors of the nonprofit public benefit corporation.
(d) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation is not liable for the debts or obligations of the charter school or for claims arising from the performance of acts, errors, or omissions by the charter school if the chartering authority has complied with all oversight responsibilities required by law, including, but not limited to, those required by Section 47604.32 and subdivision (m) of Section 47605.
(e) This section shall become operative on July 1, 2019.
(Repealed and added by Stats. 2018, Ch. 291, Sec. 2. (AB 406) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47604.3.

47604.3. A charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its financial records, from its chartering authority, the county office of education that has jurisdiction over the school’s chartering authority, or from the Superintendent of Public Instruction and shall consult with the chartering authority, the county office of education, or the Superintendent of Public Instruction regarding any inquiries.
(Amended by Stats. 2002, Ch. 1058, Sec. 4. Effective January 1, 2003.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47604.32.

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.
(b) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.
(Amended by Stats. 2016, Ch. 29, Sec. 17. (SB 828) Effective June 27, 2016.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47604.33.

47604.33. (a) Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority:
(1) On or before July 1, a preliminary budget. For a charter school in its first year of operation, the information submitted pursuant to subdivision (h) of Section 47605 satisfies this requirement.
(2) On or before July 1, a local control and accountability plan and an annual update to the local control and accountability plan required pursuant to Section 47606.5.
(3) On or before December 15, an interim financial report. This report shall reflect changes through October 31.
(4) On or before March 15, a second interim financial report. This report shall reflect changes through January 31.
(5) On or before September 15, a final unaudited report for the full prior year.
(b) The chartering authority shall use any financial or other information it obtains from the charter school, including, but not limited to, the reports required by this section, to perform the duties described in subdivision (a) of Section 47604.32, including monitoring the fiscal condition of the charter school.
(c) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.
(Amended by Stats. 2020, Ch. 370, Sec. 66. (SB 1371) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47604.4.

47604.4. (a) In addition to the authority granted by Sections 1241.5 and 47604.3, a county superintendent of schools may, based upon written complaints by parents or other information that justifies the investigation, monitor the operations of a charter school located within that county and conduct an investigation into the operations of that charter school. If a county superintendent of schools monitors or investigates a charter school pursuant to this section, the county office of education shall not incur any liability beyond the cost of the investigation.
(b) A charter school shall notify the county superintendent of schools of the county in which it is located of the location of the charter school, including the location of each site, if applicable, prior to commencing operations.
(Amended by Stats. 2005, Ch. 357, Sec. 3. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 1 - General Provisions › Section 47604.5.

47604.5. The state board may, based upon the recommendation of the Superintendent, take appropriate action, including, but not limited to, revocation of the charter school’s charter, when the state board finds any of the following:
(a) Gross financial mismanagement that jeopardizes the financial stability of the charter school.
(b) Illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school.
(c) Substantial and sustained departure from measurably successful practices such that continued departure would jeopardize the educational development of the charter school’s pupils.
(d) Failure to improve pupil outcomes across multiple state and school priorities identified in the charter pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6.
(e) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
(Amended by Stats. 2019, Ch. 486, Sec. 1. (AB 1505) Effective January 1, 2020. Operative July 1, 2020, pursuant to Sec. 18 of Stats. 2019, Ch. 486.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47605.2.

47605.2. The Delta Charter High School, located in the County of Santa Cruz, is exempt from the geographic and site limitations contained in subdivision (a) of Section 47605.
(Added by Stats. 2004, Ch. 112, Sec. 1. Effective January 1, 2005.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47605.3.

47605.3. Notwithstanding subdivision (e) of Section 47605, a charter school with a schoolsite physically located in the attendance area of a public elementary school in which 50 percent or more of the pupil enrollment is eligible for free or reduced price meals may give 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. This section is not intended to affect the requirement contained in subdivision (e) of Section 47605 that a public school converting partially or entirely to a charter school adopt and maintain a policy that gives an admission preference to pupils who reside within the former attendance area of that public school.
(Amended by Stats. 2020, Ch. 370, Sec. 69. (SB 1371) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47605.4.

47605.4. (a) Notwithstanding subdivision (l) of Section 47605, teachers employed by charter schools during the 2019–20 school year shall have until July 1, 2025, to obtain the certificate required for the teacher’s certificated assignment.
(b) By June 30, 2022, the Commission on Teacher Credentialing shall conduct a comprehensive study to examine whether existing certificates, permits, or other documents adequately address the needs for noncore, noncollege preparatory courses in all schools. Based on the findings, the commission shall consider establishing new or modifying existing certificates, permits, or other documents and, if necessary, shall make recommendations to the appropriate policy committees of the Legislature.
(c) Subdivision (a) does not lessen the requirements on charter schools regarding allegations of misconduct pursuant to Sections 44030.5, 44420, and 44940 of this code and Section 80303 of Title 5 of the California Code of Regulations.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Added by Stats. 2019, Ch. 486, Sec. 3. (AB 1505) Effective January 1, 2020. Operative July 1, 2020, pursuant to Sec. 18 of Stats. 2019, Ch. 486. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47605.5.

47605.5. A petition may be submitted directly to a county board of education in the same manner as set forth in Section 47605 for charter schools that will serve pupils for whom the county office of education would otherwise be responsible for providing direct education and related services. Any denial of a petition shall be subject to the same process for any other county board of education denial of a charter school petition pursuant to this part.
(Added by Stats. 1998, Ch. 34, Sec. 7. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47605.7.

47605.7. (a) A petition for the establishment of a charter school shall not be denied based on the actual or potential costs of serving individuals with exceptional needs, as that term is defined pursuant to Section 56026.
(b) Notwithstanding subdivision (a), this section shall not be construed to prevent a school district from meeting its obligation to ensure that the proposed charter school will meet the needs of individuals with exceptional needs in accordance with state and federal law, nor shall it be construed to limit or alter the reasons for denying a petition for the establishment of a charter school pursuant to subdivision (c) of Section 47605.
(Amended by Stats. 2020, Ch. 370, Sec. 70. (SB 1371) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47606.

47606. (a) A school district may convert all of its schools to charter schools under this part only if it meets all of the following conditions:
(1) Fifty percent of the teachers within the school district sign the charter petition.
(2) The charter petition contains all of the requirements set forth in subdivisions (c), (d), (e), (f), and (g) of Section 47605 and a provision that specifies alternative public school attendance arrangements for pupils residing within the school district who choose not to attend charter schools.
(b) Notwithstanding subdivision (c) of Section 47605, the districtwide charter petition shall be approved only by joint action of the Superintendent of Public Instruction and the State Board of Education.
(Amended by Stats. 2020, Ch. 370, Sec. 71. (SB 1371) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47606.2.

47606.2. A petition to establish a charter school shall contain, in addition to the reasonably comprehensive description of 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 and the explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are required by Section 47605, a statement that the suspension procedures will include both of the following requirements:
(a) Upon the request of a parent, a legal guardian or other person holding the right to make education decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays, the homework that the pupil would otherwise have been assigned.
(b) If a homework assignment that is requested pursuant to subdivision (a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class.
(Added by Stats. 2019, Ch. 779, Sec. 2. (AB 982) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47607.4.

47607.4. Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years, and all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, shall have their term extended by one additional year.
(Amended by Stats. 2023, Ch. 48, Sec. 43. (SB 114) Effective July 10, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47607.5.

47607.5. (a) Except for charter schools authorized pursuant to Section 47605.6, if either a school district governing board or a county board of education, as a chartering authority, does not grant a renewal to a charter school pursuant to Section 47607 or 47607.2, the charter school may appeal the decision pursuant to the procedures pertaining to a denial of a petition for establishment of a charter school, as provided in subdivision (k) of Section 47605 for review in accordance with Section 47607.
(b) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
(Amended by Stats. 2020, Ch. 24, Sec. 46. (SB 98) Effective June 29, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47607.8.

47607.8. The department, in consultation with the state board, shall collect data to track implementation of Chapter 486 of the Statutes of 2019 (Assembly Bill 1505 of the 2019-20 Regular Session).
(Amended by Stats. 2020, Ch. 370, Sec. 75. (SB 1371) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 26.8 - CHARTER SCHOOLS › CHAPTER 2 - Establishment of Charter Schools › Section 47608.

47608. All meetings of the governing board of the school district and the county board of education at which the granting, revocation, appeal, or renewal of a charter petition is discussed shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code).
(Amended by Stats. 1998, Ch. 34, Sec. 9. Effective January 1, 1999.)