(a) (1) For purposes of calculating apportionments for the 2020–21 fiscal year and for any other calculations that would be based on average daily attendance in the 2020–21 school year, for all newly operational charter schools that are authorized by the governing board of a school district or county board of education on or before June 30, 2020, or approved by the state board at its July 8 and 9, 2020, meeting and that are beginning instruction in the 2020–21 school year, the department shall use the certified enrollment of that charter school as of Information Day, October 7, 2020, based on data reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 of Division 4, reduced by either the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year with the resultant figures and rates rounded to the nearest tenth.
(2) A newly operational charter school eligible for funding pursuant to paragraph (1) shall receive advance funding pursuant to subdivision (a) of Section 47652 for the months of July 2020 to January 2021, inclusive. Monthly payments for the remainder of the 2020–21 fiscal year shall be drawn pursuant to Sections 14041, 14041.5, and 14041.6, consistent with the certifications made pursuant to Sections 41332 and 41335.
(b) (1) (A) For purposes of calculating apportionments for the 2020–21 fiscal year and for any other calculations that would be based on average daily attendance in the 2020–21 school year, a continuing local educational agency shall be eligible for an apportionment calculation pursuant to paragraph (2) if it is a charter school, school district, or county office of education with growth in overall pupil enrollment from its actual 2019–20 level to its projected 2020–21 level, as documented in its most recent 2020–21 budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or in its adopted 2019–20 second interim report. If a local educational agency does not document or project enrollment growth in its most recent 2020–21 budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or in its adopted 2019–20 second interim report, it may use overall pupil average daily attendance growth from its actual 2019–20 level to its projected 2020–21 level, as documented in its most recent 2020–21 budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or in its adopted 2019–20 second interim report to establish eligibility for an apportionment calculation pursuant to paragraph (2).
(B) A local educational agency is not eligible for an apportionment calculation pursuant to paragraph (2) if its most recent 2020–21 budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or its adopted 2019–20 second interim report does not explicitly show growth in overall pupil enrollment or average daily attendance from its actual 2019–20 level to its projected 2020–21 level.
(2) For a local educational agency that is eligible pursuant to paragraph (1) and meets the requirements of paragraph (3), the department shall use the lesser of subparagraph (A) or (B) for purposes of calculating apportionments for the 2020–21 fiscal year. Apportionments calculated pursuant to this paragraph shall exclude average daily attendance attributed to a local educational agency pursuant to paragraph (4) of subdivision (b) of Section 43502.
(A) The certified enrollment of the local educational agency as of Information Day, October 7, 2020, based on data reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 of Division 4, reduced by either the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year with the resultant figures and rates rounded to the nearest tenth.
(B) (i) If enrollment growth is used to establish eligibility pursuant to paragraph (1), the 2020–21 enrollment of the local educational agency projected in its most recent 2020–21 budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or in its adopted 2019–20 second interim report, reduced by either the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year with the resultant figures and rates rounded to the nearest tenth.
(ii) If average daily attendance growth is used to establish eligibility pursuant to paragraph (1), the 2020–21 average daily attendance of the local educational agency projected in its most recent 2020–21 budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or in its adopted 2019–20 second interim report.
(C) Under no circumstances shall an apportionment calculated for a local educational agency pursuant to this paragraph be less than the apportionment that would be calculated pursuant to subdivision (b) of Section 43502.
(3) A local educational agency that chooses to be funded pursuant to this subdivision shall provide all of the following to the department by November 6, 2020:
(A) A request for the department to calculate apportionments for the 2020–21 fiscal year pursuant to this subdivision.
(B) (i) A copy of the local educational agency’s adopted 2020–21 budget or 2019–20 second interim report and any supporting documentation, including governing board or body minutes, identifying growth in overall pupil average daily attendance or enrollment from its actual 2019–20 level to its projected 2020–21 level. If the 2020–21 budget is provided, it shall have been adopted by the governing board or body of the local educational agency on or before June 30, 2020, and shall be the most recently adopted budget on or before June 30, 2020.
(ii) A local educational agency that does not submit the requested supporting documentation demonstrating projected growth in enrollment or average daily attendance shall be funded pursuant to subdivision (b) of Section 43502 for the 2020–21 fiscal year.
(C) The superintendent or equivalent officer and the president of the governing board or body of the local educational agency shall both attest under penalty of perjury that documentation submitted pursuant to subparagraphs (A) and (B) is true and correct and is the most recent budget adopted by the governing board or body of the local educational agency on or before June 30, 2020, or is the 2019–20 second interim report adopted by the governing board or body of the local educational agency.
(4) On or before October 2, 2020, the department shall post on its internet website an application for continuing local educational agencies to request an apportionment calculation in the 2020–21 fiscal year pursuant to this subdivision.
(5) Funding provided pursuant to this subdivision shall be reflected in the certifications made by the Superintendent pursuant to Section 41332 and 41335 and monthly payments pursuant to Sections 14041, 14041.5, and 14041.6, commencing with the payment made in February 2021.
(c) (1) A nonclassroom-based charter school described in Section 47612.5 as of the 2019–20 second principal apportionment certification shall not be eligible for an apportionment calculation pursuant to subdivision (b).
(2) For purposes of calculating apportionments for the 2020–21 fiscal year and for any other calculations that would be based on average daily attendance in the 2020–21 school year, for a nonclassroom-based charter school described in Section 47612.5 as of the second principal apportionment certification for the 2019–20 fiscal year, the department shall use the nonclassroom-based charter school’s average daily attendance in the 2019–20 fiscal year pursuant to subdivision (b) of Section 43502.
(3) For the 2020–21 school year, a nonclassroom-based charter school described in Section 47612.5 as of the second principal apportionment certification for the 2019–20 fiscal year shall adopt a learning continuity and attendance plan pursuant to Section 43509, and shall not be required to adopt a local control and accountability plan pursuant to Section 47606.5.
(4) A nonclassroom-based charter school described in Section 47612.5 as of the second principal apportionment certification for the 2019–20 fiscal year shall continue to comply with all of the statutory requirements in Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and the implementing regulations for that article.
(d) This section shall apply only for the calculation of apportionments for the 2020–21 fiscal year.
(Amended by Stats. 2020, Ch. 110, Sec. 17. (SB 820) Effective September 18, 2020. Inoperative June 30, 2021. Repealed as of January 1, 2022, pursuant to Section 43511.)