Article 5. Apportionment Of Funds of California Education Code >> Division 4. >> Title 2. >> Part 26.8. >> Chapter 6. >> Article 5.
A charter school shall be deemed to be a school district for
purposes of determining the manner in which warrants are drawn on
the State School Fund pursuant to Section 14041. For purposes of
Section 14041, a charter school's "total amount certified" means the
state aid portion of the charter school's total local control funding
formula allocation pursuant to Section 42238.02, as implemented by
Section 42238.03.
(a) A charter school may receive the state aid portion of
the charter school's total local control funding formula allocation
pursuant to Section 42238.02, as implemented by Section 42238.03,
directly or through the local educational agency that either grants
its charter or was designated by the state board.
(1) In the case of a charter school that elects to receive its
funding directly, the warrant shall be drawn in favor of the county
superintendent of schools of the county in which the local
educational agency that granted the charter, or was designated by the
state board as the oversight agency pursuant to paragraph (1) of
subdivision (k) of Section 47605, is located, for deposit to the
appropriate funds or accounts of the charter school in the county
treasury. The county superintendent of schools is authorized to
establish appropriate funds or accounts in the county treasury for
each charter school.
(2) In the case of a charter school that does not elect to receive
its funding directly pursuant to this section, the warrant shall be
drawn in favor of the county superintendent of schools of the county
in which the local educational agency that granted the charter is
located or was designated the oversight agency by the state board
pursuant to paragraph (1) of subdivision (k) of Section 47605, for
deposit to the appropriate funds or accounts of the local educational
agency.
(3) In the case of a charter school, the charter of which was
granted by the state board, but for which the state board has not
delegated oversight responsibilities pursuant to paragraph (1) of
subdivision (k) of Section 47605, the warrant shall be drawn in favor
of the county superintendent of schools in the county where the
local educational agency is located that initially denied the charter
that was later granted by the state board. The county superintendent
of schools is authorized to establish appropriate funds or accounts
in the county treasury for each charter school.
(b) On or before June 1 of each year, a charter school electing to
receive its funding directly shall so notify the county
superintendent of schools of the county in which the local
educational agency that granted the charter is located or, in the
case of charters for which the state board has designated an
oversight agency pursuant to paragraph (1) of subdivision (k) of
Section 47605, the county superintendent of schools of the county in
which the designated oversight agency is located. An election to
receive funding directly applies to all funding that the charter
school is eligible to receive including, but not limited to, the
local control funding formula allocation pursuant to Section
42238.02, as implemented by Section 42238.03, other state and federal
categorical aid, and lottery funds.
(a) Notwithstanding Section 41330, a charter school in its
first year of operation shall be eligible to receive funding for the
advance apportionment based on an estimate of average daily
attendance for the current fiscal year, as approved by the local
educational agency that granted its charter and the county office of
education in which the charter-granting agency is located. For
charter schools approved by the state board, estimated average daily
attendance shall be submitted directly to, and approved by, the
department. Not later than five business days following the end of
the first 20 schooldays, a charter school receiving funding pursuant
to this section shall report to the department its actual average
daily attendance for that first month, and the Superintendent shall
adjust immediately, but not later than 45 days, the amount of its
advance apportionment accordingly.
(b) In addition to funding received pursuant to Section 41330, a
charter school in its second or later year of operation also shall be
eligible to receive an advance apportionment pursuant to the process
and conditions described in subdivision (a) in any year in which the
charter school is adding at least one grade level. The average daily
attendance funded for a new grade level shall not exceed the portion
of the certified average daily attendance at the second principal
apportionment for the prior year that was attributable to pupils in
the highest grade served by the charter school.
(c) A charter school in its first year of operation may only
commence instruction within the first three months of the fiscal year
beginning July 1 of that year. A charter school shall not be
eligible for an apportionment pursuant to subdivision (a), or any
other apportionment for a fiscal year in which instruction commenced
after September 30 of that fiscal year.