Section 11963 - Definition of Classroom-Based Instruction(a) In accordance with the definition of classroom-based instruction specified in Education Code section 47612.5(e)(1), and for purposes of identifying and reporting that portion of a charter school's average daily attendance that is generated through nonclassroom-based instruction pursuant to Education Code sections 47634.2(c) and 47612.5(e)(2), classroom-based instruction in a charter school occurs only when all four of the following conditions are met. (1) The charter school's pupils are engaged in educational activities required of those pupils, and the pupils are under the immediate supervision and control of an employee of the charter school who is authorized to provide instruction to the pupils within the meaning of Education Code section 47605(l).(2) At least 80 percent of the instructional time offered at the charter school is at the schoolsite.(3) The charter school's schoolsite is a facility that is used principally for classroom instruction.(4) The charter school requires its pupils to be in attendance at the schoolsite at least 80 percent of the minimum instructional time required pursuant to Education Code section 47612.5(a)(1).(b) The requirement to be "at the schoolsite" is satisfied if either of the following conditions is met. (1) The facility in which the pupils receive instruction is:(A) Owned, rented, or leased by the charter school principally for classroom instruction;(B) Provided to the charter school by a school district pursuant to Education Code section 47614 principally for classroom instruction; or(C) Provided to the charter school free-of-charge principally for classroom instruction pursuant to a written agreement. When not being used by the charter school for classroom instruction, the facility may be rented, leased, or allowed to be used for other purposes (e.g., for evening adult classes not offered by the charter school, local theater productions, or community meetings) and still be deemed to be principally for classroom instruction.
(2) The charter school facility meets the criteria in paragraph (1) of subdivision (b) and the pupils are on a field trip during which the pupils remain under the immediate supervision and control of the employee of the charter school and are carrying out an educational activity required of the pupils.(c) The requirement to be "at the schoolsite" is not satisfied if the pupils are in a personal residence (i.e., a dwelling), even if space in the residence is set aside and dedicated to instructional purposes and/or the charter school rents or leases space in the residence for the provision of instruction. As used in this subdivision, a personal residence shall not include a facility that is licensed by a state or local government agency to operate as a facility in which pupils not related to the facility's owners are provided custodial care and supervision (e.g., a licensed children's institution or a boarding school).(d) The definitions in this section are solely for the purpose of determining if a charter school must submit a determination of funding request pursuant to Education Code section 47634.2.Cal. Code Regs. Tit. 5, § 11963
1. New article 1.5 (sections 11963-11963.6) and section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44). For prior history of article 1.5, sections 11963-11963.4, see Register 2002, No. 42. Note: Authority cited: Sections 33031, 47612.5 and 47634.2, Education Code. Reference: Sections 47605, 47612.5 and 47634.2, Education Code.
1. New article 1.5 (sections 11963-11963.6) and section filed 10-28-2003; operative 10-28-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 44). For prior history of article 1.5, sections 11963-11963.4, see Register 2002, No. 42.