Bill Text: CA AB948 | 2013-2014 | Regular Session | Amended

California Assembly Bill 948 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Charter schools: school facilities: Charter School

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 871, Statutes of 2014. [AB948 Detail]

Download: California-2013-AB948-Amended.html

BILL NUMBER: AB 948	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  MAY 7, 2013

INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to amend Section 47614.5 of the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 948, as amended, Olsen. Charter schools: school facilities:
Charter School Facility Grant Program.
   Existing law requires the State Department of Education to
administer the Charter School Facility Grant Program, provides that
the grant program is intended to provide assistance with facilities
rent and lease costs for pupils in charter schools, and states the
intent of the Legislature that not less than $18,000,000 annually be
appropriated for purposes of the grant program. Existing law
requires, subject to the annual Budget Act, eligible schools to
receive an amount up to $750 per unit of average daily attendance, as
specified, to provide an amount of up to, but not more than, 75% of
the annual facilities rent and lease costs for the charter school.
Existing law requires the department, among other requirements, to
inform charter schools of the grant program and to determine grant
program eligibility based on specified factors, including, among
other factors, a charter school's preference in admissions, the
geographic location of the charter schoolsite, and pupil eligibility
for free and reduced-price meals, as specified. Existing law
prohibits funds appropriated for purposes of the grant program from
being apportioned for units of average daily attendance generated
through nonclassroom-based instruction, as defined, requires that
funds appropriated for purposes of the grant program be used for
costs associated with facilities rents and leases, and requires an
existing charter school that is relocating to give an admissions
preference to pupils who reside in the elementary attendance area
into which the charter school is relocating in specified
circumstances.
   This bill would require eligibility for the grant program to be
expanded, as specified, if funds remain after charter schools that
meet the existing free and reduced-price meals threshold are funded.
 The bill would specify the conditions under which funds
appropriated for purposes of the grant could be used for the purchase
of a facility and its related debt service.  The bill would
repeal the Legislature's statement of intent that not less than
$18,000,000 annually be appropriated for purposes of the grant
program. The bill would provide that, with respect to this program,
charter schools would be subject to the provision that generally
imposes the requirement of an annual audit on local educational
agencies.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 47614.5 of the Education Code is amended to
read:
   47614.5.  (a) The Charter School Facility Grant Program is hereby
established, and shall be administered by the department. The grant
program is intended to provide assistance with facilities rent and
lease costs for pupils in charter schools.
   (b) Subject to the annual Budget Act, eligible schools shall
receive an amount of up to, but not more than, seven hundred fifty
dollars ($750) per unit of average daily attendance, as certified at
the second principal apportionment, to provide an amount of up to,
but not more than, 75 percent of the annual facilities rent and lease
costs for the charter school. In any fiscal year, if the funds
appropriated for the purposes of this section by the annual Budget
Act are insufficient to fully fund the approved amounts, the
Superintendent shall apportion the available funds on a pro rata
basis.
   (c) For purposes of this section, the department shall do all of
the following:
   (1) Inform charter schools of the grant program.
   (2) Upon application by a charter school, determine eligibility,
based on the geographic location of the charter schoolsite, pupil
eligibility for free or reduced price meals, and a preference in
admissions, as appropriate. Eligibility for funding shall not be
limited to the grade level or levels served by the school whose
attendance area is used to determine eligibility. Charter schoolsites
are eligible for funding pursuant to this section if the charter
schoolsite meets either of the following conditions:
   (A) The charter schoolsite is physically located in the attendance
area of a public elementary school in which 70 percent or more of
the pupil enrollment is eligible for free or reduced priced meals and
the schoolsite gives 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.
   (B) Seventy percent or more of the pupil enrollment at the charter
schoolsite is eligible for free or reduced price meals.
   (C) In any year in which additional funds remain after state and
federal funds have been allocated to applicants that meet the
eligibility criteria in subparagraph (A) or (B), the department shall
expand eligibility to additional schools that are eligible pursuant
to subparagraph (B) by reducing the free and reduced-price meals
threshold one percentage point at a time, but in no case below
 50   60  percent.
   (3) Inform charter schools of their grant eligibility.
   (4) Allocate funding to charter schools for eligible expenditures
in a timely manner.
   (d) Funds appropriated for purposes of this section shall not be
apportioned for any of the following:
   (1) Units of average daily attendance generated through
nonclassroom-based instruction as defined by paragraph (2) of
subdivision (d) of Section 47612.5 or that does not comply with
conditions or limitations set forth in regulations adopted by the
state board pursuant to this section.
   (2) Charter schools occupying existing school district or county
office of education facilities.
   (3) Charter schools receiving reasonably equivalent facilities
from their chartering authority pursuant to Section 47614.
   (e) Funds appropriated for purposes of this section shall be used
for costs associated with facilities rents and leases, consistent
with the definitions used in the California School Accounting Manual.
These funds also may be used for costs, including, but not limited
to, costs associated with remodeling buildings, deferred maintenance,
initially installing or extending service systems and other built-in
equipment, and improving sites. 
   (f) Funds appropriated for purposes of this section may also be
used for the purchase of a facility and its related debt service
under the following conditions:  
   (1) The facility purchased shall be used by the charter school
exclusively to provide direct classroom instruction. 

   (2) The facility shall meet the standards established pursuant to
Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5
of Division 1 of Title 1.  
   (3) If the charter school occupying a facility funded pursuant to
this section ceases to utilize the facility for the purposes for
which funds were provided, the charter school shall dispose of the
facility in the manner specified for disposing of charter school
facilities pursuant to Section 17078.62, except that references in
that section to the State Allocation Board shall mean the department
with respect to this subdivision.  
   (g) 
    (f)  If an existing charter school located in an
elementary attendance area in which less than 50 percent of pupil
enrollment is eligible for free or reduced price meals relocates to
an attendance area identified in paragraph (2) of subdivision (c),
admissions preference shall be given to pupils who reside in the
elementary school attendance area into which the charter school is
relocating. 
   (h) 
    (g)  The Superintendent annually shall report to the
state board regarding the use of funds that have been made available
during the fiscal year to each charter school pursuant to the grant
program. 
   (i) 
    (h)  The Superintendent shall annually allocate the
facilities grants to eligible charter schools no later than October 1
of each fiscal year or 90 days after enactment of the annual Budget
Act, whichever is later, for the current school year rent and lease
costs. However, the department shall first use the funding
appropriated for this program to reimburse eligible charter schools
for unreimbursed rent or lease costs for the prior school year.

   (j) 
      (i)  Notwithstanding any other law, a charter
school shall be subject, with regard to this section, to audits
conducted pursuant to Section 41020.