California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 19 - Charter Schools › Article 1.5 - Classroom- and Nonclassroom-Based Instruction in Charter Schools › Section 11963.4 - Evaluation of Determination of Funding Requests Regarding Nonclassroom-Based Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a complete determination of funding
					 request is received from a charter school, it shall be reviewed by the
					 California Department of Education and presented to the Advisory Commission on
					 Charter Schools, along with credible information pertaining to the request
					 obtained from any other source. The Advisory Commission shall develop a
					 recommendation pursuant to this section to the State Board of Education
					 regarding the request, and that recommendation shall be presented to the State
					 Board of Education by the California Department of Education. The following
					 criteria shall guide the process of reviewing and developing a recommendation
					 on the request. The California Department of Education shall report any
					 difference of opinion between the California Department of Education and the
					 Advisory Commission as to the recommendation presented to the State Board of
					 Education.
(1) If the percentage calculated
					 pursuant to paragraph (1) of subdivision (c) of section
					 11963.3 equals at least 35 percent
					 but less than 40 percent, and the percentage calculated pursuant to paragraph
					 (2) of subdivision (c) of section
					 11963.3 equals at least 60 percent
					 but less than 70 percent, the Advisory Commission on Charter Schools shall
					 recommend to the State Board of Education approval of the request at 70
					 percent, unless there is a reasonable basis to recommend otherwise. If the
					 recommended percentage is lower than the requested percentage, the
					 recommendation to the State Board shall include the reasons justifying the
					 reduction and, if appropriate, describe how any deficiencies or problems may be
					 addressed by the charter school.
(2) If the percentage calculated pursuant to
					 paragraph (1) of subdivision (c) of section
					 11963.3 equals or exceeds 40
					 percent, and the percentage calculated pursuant to paragraph (2) of subdivision
					 (c) of section
					 11963.3 equals at least 70 percent
					 but less than 80 percent, the Advisory Commission on Charter Schools shall
					 recommend to the State Board of Education approval of the request at 85
					 percent, unless there is a reasonable basis to recommend otherwise. The
					 recommendation to the State Board shall include the reasons justifying a
					 percentage that is greater than 70 percent and, if the recommended percentage
					 is lower than the requested percentage, the reasons justifying the reduction
					 and, if appropriate, describe how any deficiencies or problems may be addressed
					 by the charter school.
(3) If the
					 percentage calculated pursuant to paragraph (1) of subdivision (c) of section
					 11963.3 equals or exceeds 40
					 percent, the percentage calculated pursuant to paragraph (2) of subdivision (c)
					 of section 11963.3 equals or exceeds 80
					 percent, and the ratio of average daily attendance for independent study pupils
					 to full-time certificated employees responsible for independent study does not
					 exceed a pupil-teacher ratio of 25:1 or the equivalent ratio of pupils to
					 full-time certificated employees for all other educational programs operated by
					 the largest unified school district, as measured by average daily attendance,
					 in the county or counties in which the charter school operates, the Advisory
					 Commission on Charter Schools shall recommend to the State Board of Education
					 approval of the request at 100 percent (i.e. full funding), unless there is a
					 reasonable basis to recommend otherwise. If the recommended percentage is lower
					 than the requested percentage, the recommendation to the State Board shall
					 include the reasons justifying the reduction and, if appropriate, describe how
					 any deficiencies or problems may be addressed by the charter school.
(4) If the percentage calculated pursuant to
					 paragraph (1) of subdivision (c) of section
					 11963.3 is less than 35 percent, or
					 the percentage calculated pursuant to paragraph (2) of subdivision (c) of
					 section 11963.3 is less than 60 percent,
					 then the charter school's nonclassroom-based instruction is not substantially
					 dedicated to the instructional benefit of the students, and the Advisory
					 Commission on Charter Schools shall recommend that the State Board of Education
					 deny the request, unless there is a reasonable basis to recommend otherwise.
					 The recommendation to the State Board shall include the reasons justifying the
					 denial and, if appropriate, describe how any deficiencies or problems may be
					 addressed by the charter school. Denial of a determination of funding request
					 by the State Board of Education shall result in no funding being apportioned
					 for average daily attendance identified by the charter school as being
					 generated through nonclassroom-based instruction pursuant to Education Code
					 section
					 47634.2(c).
(5) Any request for a funding determination
					 received prior to the effective date of these regulations will be reviewed
					 pursuant to the criteria in effect at the time of
					 submittal.