Section 11960 - Regular Average Daily Attendance for Charter Schools(a) As used in Education Code section 47612, "attendance" means the attendance of charter school pupils while engaged in educational activities required of them by their charter schools, on days when school is actually taught in their charter schools. "Regular average daily attendance" shall be computed by dividing a charter school's total number of pupil-days of attendance by the number of calendar days on which school was actually taught in the charter school. For purposes of determining a charter school's total number of pupil-days of attendance, no pupil may generate more than one day of attendance in a calendar day.(b) The State Superintendent of Public Instruction shall proportionately reduce the amount of funding that would otherwise have been apportioned to a charter school on the basis of average daily attendance for a fiscal year, if school was actually taught in the charter school on fewer than 175 calendar days during that fiscal year.(c)(1) Beginning in 2004-05, a pupil who is over the age of 19 years may generate attendance for apportionment purposes in a charter school only if both of the following conditions are met: (A) The pupil was enrolled in a public school in pursuit of a high school diploma (or, if a student in special education, an individualized education program (IEP)) while 19 years of age and, without a break in public school enrollment since that time, is enrolled in the charter school and is making satisfactory progress towards award of a high school diploma (or, if a student in special education, satisfactory progress in keeping with an IEP) consistent with the definition of satisfactory progress set forth in subdivision (h) of section 11965.(B) The pupil is not over the age of 22 years.(2) This subdivision shall not apply to a charter school program specified in Education Code section 47612.1. A charter school program as specified in Education Code section 47612.1 may be either:(A) the whole of a charter school, if the school has an exclusive partnership agreement with one or more of the programs specified in Education Code section 47612.1 and serves no other pupils; or(B) an instructional program operated by a charter school that is exclusively dedicated to pupils who are also participating in one of the programs specified in Education Code section 47612.1, provided that arrangement is set forth in an exclusive partnership agreement between the charter school and one or more of the programs specified in Education Code section 47612.1.(d) No individual who is ineligible to generate attendance for apportionment purposes in a charter school pursuant to subdivision (c) may be claimed as regular attendance for apportionment purposes by a local education agency that is authorized by law to grant charters. This subdivision shall not apply to claims other than claims for regular attendance for apportionment purposes.Cal. Code Regs. Tit. 5, § 11960
1. New subchapter 19 and section filed 9-7-93 as an emergency; operative 9-7-93 (Register 93, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-94 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 19 and section refiled 12-23-93 as an emergency; operative 1-6-94 (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-6-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-23-94 order transmitted with amendments to OAL 5-4-94 and filed 6-15-94 (Register 94, No. 24).
4. Amendment of section heading and subsection (a), repealer of subsection (c) and amendment of NOTE filed 7-1-98 as an emergency; operative 7-1-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-1-98 order transmitted to OAL 10-13-98 and filed 11-13-98 (Register 98, No. 46).
6. New subsections (c)(1)-(d) filed 2-10-2004; operative 3-11-2004 (Register 2004, No. 7).
7. Amendment of subsection (c)(1)(A) filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46). Note: Authority cited: Section 33031, Education Code. Reference: Sections 41420, 46301 and 47612, Education Code.
1. New subchapter 19 and section filed 9-7-93 as an emergency; operative 9-7-93 (Register 93, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-94 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 19 and section refiled 12-23-93 as an emergency; operative 1-6-94 (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-6-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-23-94 order transmitted with amendments to OAL 5-4-94 and filed 6-15-94 (Register 94, No. 24).
4. Amendment of section heading and subsection (a), repealer of subsection (c) and amendment of Note filed 7-1-98 as an emergency; operative 7-1-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-1-98 order transmitted to OAL 10-13-98 and filed 11-13-98 (Register 98, No. 46).
6. New subsections (c)(1)-(d) filed 2-10-2004; operative 3-11-2004 (Register 2004, No. 7).
7. Amendment of subsection (c)(1)(A) filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).