Nonclassroom-Based Funding Determination Deadline

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California Department of Education
Executive Office
SBE-005 General (REV. 08/2014) / ITEM #W-17

CALIFORNIA STATE BOARD OF EDUCATION

MaY2016 AGENDA
General Waiver
SUBJECT
Requestby seven local educational agenciesto waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on a determination of funding request regarding nonclassroom-based instruction.
Waiver Numbers:
Acton-Agua Dulce Unified School District 22–2–2016
Adelanto Elementary School District 7–2–2016
Paradise Unified School District 16–2–2016
San Bernardino City Unified School District 5–3–2016
San Lorenzo Valley Unified School District 20–2–2016
Shasta County Office of Education 25–2–2016
Western Placer Unified School District 18–2–2016 /

Action

Consent

SUMMARY OF THE ISSUES

Seven local educational agencies (LEAs) arerequesting, on behalf of theircharter schoolsidentified in Attachment 1, that the California State Board of Education (SBE) waive portions of California Code of Regulations, Title 5 (5 CCR), Section 11963.6(c), in order to allow the charter school to requesta non-prospective nonclassroom-based funding determination for their respective funding period.

Each of the seven charter schools identified in Attachment 1 submitted a determination of funding request after the required deadline, thereby making the request retroactive.If the waiversare approved by the SBE, the charter schools may then submit the retroactive funding determination requests for consideration by the Advisory Commission on Charter Schools (ACCS) andthe SBE.

Authority for Waiver:Education Code (EC) Section 33050

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends that the SBE approve the requests by the seven LEAsto waive specific portions of 5 CCR, Section 11963.6(c), in order to allow thespecified charter schools to submit determination of funding requests forthe specified fiscal year. Approval of these waiver requests will also allow the SBE to consider the requests, which are retroactive. Without the waiver, the SBE may not consider the determination of funding request and the charter school’s nonclassroom-based average daily attendance (ADA) may not be funded for the affected fiscal year.

SUMMARY OF KEY ISSUES

EC sections 47612.5 and 47634.2 established the eligibility requirements for apportionment funding for charter schools that offer nonclassroom-based instruction. The statutes specify that a charter school may receive apportionment funding for nonclassroom-based instruction only if a determination of funding is made by the SBE. The CDE reviews a charter school’s determination of funding request and presents it for consideration to the ACCS, pursuant to relevant 5 CCR.

Pursuant to 5 CCR, Section 11963.6(c), any determination of funding request approved by the SBE for an existing nonclassroom-based charter school must be prospective (not for the current year) and in increments of a minimum of two years and a maximum of five years in length. In addition, the funding determination request must be submitted by February 1 of the fiscal year prior to the year the funding determination will be effective.

Each charter school identified in Attachment 1submitteda determination of funding request after therequired deadline, thereby making the request retroactive.

Demographic Information:

Acton-Agua Dulce Unified School District is requesting a waiver for the SCALE Leadership Academy (Charter #1636), which serves a student population of 440 and is located in an urban area in Los Angeles County.

Adelanto Elementary School District is requesting a waiver for the Taylion High Desert Academy/Adelanto (Charter #1520), which serves a student population of 550 and is located in an urban area in San Bernardino County.

Paradise Unified School District is requesting a waiver for the Paradise eLearning Charter Academy (Charter #1189), which serves a student population of 50 and is located in a rural area in Butte County.

San BernardinoCity Unified School District is requesting a waiver for the Center for Learning and Educational Success (Charter #1574), which serves a student population of 50,220 and is located in an urban area in San Bernardino County.

San Lorenzo Valley Unified School District is requesting a waiver for the SLVUSD Charter (Charter #0025), which serves a student population of 297 and is located in a rural area in Santa Cruz County.

Shasta County Office of Education is requesting a waiver for the Chrysalis Charter (Charter #0778), which serves a student population of 195 and is located in a rural area in Shasta County.

Western Placer Unified School District is requesting a waiver for the Partnerships for Student-Centered Learning (Charter #1227), which serves a student population of 1,200 and is located in a small area in Placer County.

Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in ECSection 33051(a), available at

SUMMARY OF PREVIOUS STATEBOARD OF EDUCATION DISCUSSION AND ACTION

The SBE has approved similar waiver requests regarding retroactive funding determination requests for charter schools that offer nonclassroom-based instruction.

FISCAL ANALYSIS (AS APPROPRIATE)

Approval of this waiver request will allow the SBE to consider the charter school’s determination of funding request. Subsequent approval of the determination of funding request by the SBE will allow the charter school’s nonclassroom-based ADA to befunded at the funding determination rate approved by the SBE for the specified fiscal year.

ATTACHMENT(S)

Attachment 1:Local Educational Agencies Requesting Waiver of Nonclassroom-Based (NCB) Funding Determination Request Deadline(3 Pages)

Attachment 2:Acton-Agua Dulce Unified School District General Waiver Request

22–2–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

Attachment 3:Adelanto ElementarySchool District General WaiverRequest

7–2–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

Attachment 4:Paradise Unified School District General WaiverRequest

16–2–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

Attachment 5:San Bernardino City Unified School District General WaiverRequest

5–3–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

Attachment 6:San Lorenzo Valley Unified School District General WaiverRequest

20–2–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

Attachment 7:Shasta County Office of Education General WaiverRequest

25–2–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

Attachment 8:Western Placer Unified School District General WaiverRequest

18–2–2016 (2 Pages). (Originalwaiver request is signed and on file in the Waiver Office.)

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Nonclassroom-Based Funding Determination Request Deadline

Attachment 1

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Local Educational Agencies Requesting Waiver of Nonclassroom-Based (NCB)

Funding Determination Request Deadline

Waiver Number / Local Educational Agency (Charter Authorizer) / Charter School (Charter Number / CDS Code) / First Year of Operation / NCB Funding Determination Period of Request / Public Hearing and Local Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
22-2-2016 / Acton-Agua Dulce Unified School District / SCALE Leadership Academy (1636 / 19-75309-0129411) / 2014–15 / Requested:
July 1, 2015
to
June 30, 2016
Recommended:
July 1, 2015
to
June 30, 2016 / 2/1/2016 and 2/11/2016 / Notifications at school sites and on website / Acton-Agua Dulce USD Office of School Choice
2/1/2016
No objections
7-2-2016 / Adelanto Elementary School District / Taylion High Desert Academy/Adelanto
(1520 / 36-67587-0128462) / 2013‒14 / Requested:
July 1, 2015
to
June 30, 2016
Recommended:
July 1, 2015
to
June 30, 2016 / 2/2/2016 / Posted on Board Agenda / School District Governing Board
10/20/2015
No objections
16-2-2016 / Paradise Unified School District / Paradise eLearning Charter Academy
(1189 / 04-61531-0121715) / 2010–11 / Requested:
July 1, 2015
to
June 30, 2016
Recommended:
July 1, 2015
to
June 30, 2016 / 2/16/2016 / Posted at all district schools, town hall, post offices, town library, and on the District Website / School District Governing Board
2/16/2016
No objections
Waiver Number / Local Educational Agency (Charter Authorizer) / Charter School (Charter Number / CDS Code) / First Year of Operation / NCB Funding Determination Period of Request / Public Hearing and Local Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
5-3-2016 / San Bernardino City Unified School District / Center for Learning and Educational Success (1574 / 36-67876-0128405) / 2013–14 / Requested:
July 1, 2015
to
June 30, 2017
Recommended:
July 1, 2015
to
June 30, 2016 / 3/1/2016 / 72 hour notice with publication of San Bernardino City USD Board Agenda / Board of Trustees 3/1/2016
No objections
20-2-2016 / San Lorenzo Valley Unified School District / SLVUSD Charter (0025 / 44-69807-4430179) / 1993–94 / Requested:
July 1, 2015
to
June 30, 2016
Recommended:
July 1, 2015
to
June 30, 2016 / 2/17/2016 / District Office, San Lorenzo Valley Elementary and Boulder Creek Elementary schools / Board of Trustees 2/17/2016
No objections
25-2-2016 / Shasta County Office of Education / Chrysalis Charter
(778 / 45-10454-0111674) / 2006–07 / Requested:
July 1, 2015
to
June 30, 2016
Recommended:
July 1, 2015
to
June 30, 2016 / 2/24/2016 / Posted on Web, at charter school, and three public places / Chrysalis Charter Site Council
2/18/2016
No objections
Waiver Number / Local Educational Agency (Charter Authorizer) / Charter School (Charter Number / CDS Code) / First Year of Operation / NCB Funding Determination Period of Request / Public Hearing and Local Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
18-2-2016 / Western Placer Unified School District / Partnerships for Student-Centered Learning (1227 / 31-66951-0122507) / 2010–11 / Requested:
July 1, 2015
to
June 30, 2016
Recommended:
July 1, 2015
to
June 30, 2016 / 2/16/2016 / Posted at District Office, at least three school sites, and Horizon Charter Schools Main Office / School District Governing Board 2/16/2016
No objections

Created by the California Department of Education

March 15, 2016

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Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 1975309Waiver Number: 22-2-2016Active Year: 2016

Date In: 2/22/2016 5:38:00 PM

Local Education Agency: Acton-Agua Dulce Unified School District

Address: 32248 North Crown Valley Rd.

Acton, CA93510

Start: 7/1/2015End: 6/30/2016

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Charter School Program

Ed Code Title: Nonclassroom-Based Funding

Ed Code Section: Title 5 CCR Section 11963.6(c)

Ed Code Authority: 33050

Ed Code or CCR to Waive: SCALE Leadership Academy is being granted a waiver by its authorizing District (Acton-Agua Dulce USD) under Title 5 CCR Section 11963.6 (c & d) as the Charter School filed a material revision on May 11, 2015, which significantly changed the delivery of instruction, courses offered, and the resources available to the its students

5CCR11963.6(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.]

Outcome Rationale: The Charter School operated a seat-based program during the 2014-15 school year and filed a material revision to its petition during May 2015. The material revision resulted in the charter school operating an independent study program during the subsequent 2015-16 year.

Student Population: 440

City Type: Urban

Public Hearing Date: 2/1/2016

Public Hearing Advertised: Notifications at school sites and on website

Local Board Approval Date: 2/11/2016

Community Council Reviewed By: Acton-Agua Dulce USD Office of School Choice

Community Council Reviewed Date: 2/1/2016

Community Council Objection: N

Community Council Objection Explanation:

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Attachment 2

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Dr.SteveBudhraja

Position: Chief Financial Officer

E-mail:

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Attachment 3

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Telephone: 661-269-5999 x104

Fax:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 3667587Waiver Number: 7-2-2016Active Year: 2016

Date In: 2/8/2016 4:25:02 PM

Local Education Agency: Adelanto Elementary School District

Address: 11824 Air Expressway

Adelanto, CA92301

Start: 7/1/2015End: 6/30/2016

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Charter School Program

Ed Code Title: Nonclassroom-Based Funding

Ed Code Section: CCR, Title 5, Section 11963.6(c)

Ed Code Authority: 33050

Ed Code or CCR to Waive: Education Code 47634.2 and 5 CCR 11963.6 (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.

Outcome Rationale: Due to a change in key administrative positions within the Taylion HIgh Desert Academy Charter School (TSDA), the non-classroom-based funding determination form was not submitted to the California Department of Education by the due date of

February 1, 2015. The non-classroom-based funding determination form has now been completed and was mailed to CDE on February 5, 2015.

Student Population: 550

City Type: Urban

Public Hearing Date: 2/2/2016

Public Hearing Advertised: Board Agenda

Local Board Approval Date: 2/2/2016

Community Council Reviewed By: Board Of Education

Community Council Reviewed Date: 10/20/2015

Community Council Objection: N

Community Council Objection Explanation:

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Attachment 3

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr.AjayMohindra

Position: Chief Business Officer

E-mail:

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Attachment 3

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Telephone: 760-246-8691 x10235

Fax:

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Attachment 4

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 0461531Waiver Number: 16-2-2016Active Year: 2016

Date In: 2/17/2016 3:54:15 PM

Local Education Agency: Paradise Unified School District

Address: 6696 Clark Rd

Paradise, CA95969

Start: 7/1/2015End: 6/30/2016

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Charter School Program

Ed Code Title: Nonclassroom-Based Funding

Ed Code Section: CCR Title 5 Section 11963.6(c)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 11963.6(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.

Outcome Rationale: Paradise eLearning Academy’s last approval was for three years. Due to unforeseen circumstances, the filing deadline was missed for FY 2015-16 to FY 2017-18. Because charter schools are unable to file for waivers themselves, PUSD will file it on their behalf. The financial calendars have been updated with “high priority” indicators to ensure the next form will be submitted by the deadline.

Student Population: 50

City Type: Rural

Public Hearing Date: 2/16/2016

Public Hearing Advertised: The public hearing was posted at all district schools, town hall, post offices, town library, and the District website.

Local Board Approval Date: 2/16/2016

Community Council Reviewed By: District Board of Directors

Community Council Reviewed Date: 2/16/2016

Community Council Objection: N

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Attachment 4

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Community Council Objection Explanation:

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Attachment 4

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr.DavidMcCready

Position: Assistant Superintendent, Business Services

E-mail:

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Attachment 4

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Telephone: 530-872-6400 x233

Fax: 530-842-6409

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Attachment 5

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 3667876Waiver Number: 5-3-2016Active Year: 2016

Date In: 3/5/2016 11:24:54 AM

Local Education Agency: San Bernardino City Unified School District

Address: 777 North F St.

San Bernardino, CA92410

Start: 7/1/2015End: 6/30/2017

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Charter School Program

Ed Code Title: Nonclassroom-Based Funding

Ed Code Section: CCR, Title 5, Section11963.6(c)

Ed Code Authority: EC 33050

Ed Code or CCR to Waive: EC Section 47612.5 and 47634.2 and 5 CCR Section 11963

EC 47612.5 (e), a charter school thathas an approved charter may receive funding for nonclassroom-basedinstruction only if a determination for funding is made pursuant to

Section 47634.2 by the State Board of Education.

5 CCR 11963.6(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.]

Outcome Rationale: The following notice was received from COE by SBCUSD regarding the following charter

36 67876128405Center For Learning and Educational Success1574

Our records indicate the charter school(s) has less than 80% classroom based ADA and does not have an active funding determination. The LEA will NOT be apportioned funding for its nonclassroom based ADA for 2015-16 first principal apportionment (P-1) and must file for the waiver ASAP in order to obtain funding determination approval by 2015-16 second principal (P-2) apportionment. If the LEA does not obtain a funding determination approval by the current fiscal year P-2 then it will also not be apportioned funding for its nonclassroom based ADA at P-2 processing. Please note this will affect the LEAs’ subsequent year funding as 2016-17 advance funding is based on 2015-16 P-2 ADA.

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Attachment 5

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Student Population: 50220

City Type: Urban

Public Hearing Date: 3/1/2016

Public Hearing Advertised: 72 hour notice with publication of San Bernardino City Unified Board Agenda

Local Board Approval Date: 3/1/2016

Community Council Reviewed By: San Bernardino City Unified Board of Education

Community Council Reviewed Date: 3/1/2016

Community Council Objection: N

Community Council Objection Explanation:

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Attachment 5

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.JanetKing

Position: Director Fiscal Services

E-mail:

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Attachment 5

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Telephone: 909-381-1154

Fax: 909-383-1375

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