Section 47612.6 Of Chapter 3. Charter School Operation From California Education Code >> Division 4. >> Title 2. >> Part 26.8. >> Chapter 3.
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.