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 11963.6 - Submission and Action on Determination of Funding Requests Regarding Nonclassroom-Based Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An approved determination of funding for
					 a new charter school in its first year of operation shall be submitted by
					 December 1 and shall be for two fiscal years. Within 90 days after the end of
					 its first fiscal year of operation, a charter school shall submit unaudited
					 actual expense reports and a funding determination form based on the school's
					 actual second-year budget. If the Advisory Commission on Charter Schools
					 determines that the actual expenditures of the charter school or the second
					 year funding determination form do not support the funding determination for
					 the second year, the Advisory Commission on Charter Schools shall recommend
					 that the State Board of Education revise the funding determination.
(b) For the 2005-06 fiscal year only, a
					 determination of funding request approved by the State Board of Education for
					 any nonclassroom-based charter school that is not in its first year of
					 operation shall be for the 2005-06 fiscal year and additionally a minimum of
					 one year but a maximum of four years prospectively (for a total funding
					 determination of not more than five years).
(c) Any determination of funding request
					 approved by the State Board of Education for an existing nonclassroom-based
					 charter school from the 2006-07 fiscal year forward shall be prospective (not
					 for the current year), in increments of a minimum of two years and a maximum of
					 five years in length. Beginning with the 2007-08 fiscal year,
					 nonclassroom-based charter schools that had a funding determination in the
					 prior year must submit a funding determination request by February 1 of the
					 fiscal year prior to the year the funding determination will be effective, when
					 a new request is required under these regulations.
(d) A determination of funding shall be
					 subject to review each time a material change is made in the school's charter
					 with respect to nonclassroom-based instruction, and may be subject to review
					 each time the school's charter is renewed, and/or in accordance with any
					 conditions the State Board of Education may impose at the time of the
					 determination of funding request approval. A material change in the school's
					 charter with respect to nonclassroom-based instruction is any significant
					 change that affects the level of resources devoted to nonclassroom-based
					 instruction, the courses to be offered through nonclassroom-based instruction,
					 and/or the delivery of educational services to pupils receiving
					 nonclassroom-based instruction. The charter school shall notify the California
					 Department of Education no later than thirty (30) days after the material
					 change is made.
(e) A charter
					 school may submit a request for funding determination up to one year prior to
					 the fiscal year in which the request will initially be effective. The State
					 Board may grant the request for up to five years following the effective date
					 of the request.
(f) Not more than
					 120 days following the receipt of a complete determination of funding request,
					 the California Department of Education shall present the request and the
					 recommendation of the Advisory Commission on Charter Schools to the State Board
					 of Education in accordance with subdivision (a) of section
					 11963.4.
(g) If, during the effective period of a
					 determination of funding, a charter school wishes to seek a higher or lower
					 determination of funding, it shall do so by the filing of a new determination
					 of funding request. During the effective period of a charter school's
					 determination of funding, no more than one additional determination of funding
					 request (which would replace the determination of funding then in effect) may
					 be submitted by the charter school in the same fiscal year.
1. New
						section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code
						section
						11343.4
						(Register 2003, No. 44).
2. Renumbering of former section
						11963.6 to section
						11963.7 and renumbering of former
						section 11963.5 to section
						11963.6, including amendment of
						section and NOTE, filed 12-6-2005; operative 12-6-2005 pursuant to Government
						Code section
						11343.4
						(Register 2005, No. 49).
Note: Authority cited: Sections
						  33031 and
						  47634.2,
						  Education Code. Reference: Sections
						  47604.3,
						  47612.5,
						  47634.2 and
						  51745.6,
						  Education Code.