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Determination of Funding Request Letter

Letter Head: Tom Torlakson, State Superintendent of Public Instruction, California Department of Education

September 19, 2013

Dear Charter School Administrators, County and District Superintendents, and County and District Chief Business Officers:


The purpose of this letter is to provide information regarding funding determinations for charter schools operating non-classroom based instruction.

California Education Code (EC) Sections 47612.5 and 47634.2, and California Code of Regulations Title 5 (5 CCR) established the criteria for the review and evaluation of determination of funding requests for nonclassroom-based charter schools. 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 State Board of Education (SBE). 5 CCR Section 11963.4 requires the California Department of Education (CDE) to review a charter school’s determination of funding request and to present the request to the Advisory Commission on Charter Schools (ACCS). The ACCS is required to develop a recommendation on the request for consideration by the SBE.

Any charter school that does not meet all of the requirements for classroom-based instruction and at least one of the school site conditions is considered to offer nonclassroom-based instruction and must submit a determination of funding request form to the CDE. If a charter school offers nonclassroom-based instruction, as defined, and does not receive a determination of funding from the SBE, the school will lose some or all of its state funding for its nonclassroom-based ADA. EC Section 47612.5(e)(1) at External link opens in new window or tab. and 5 CCR Section 11963 at External link opens in new window or tab. specifies the requirements for classroom-based instruction and school site conditions.This information is also included as an attachment.

For a continuing charter school that meets the regulatory requirements, the SBE may approve a determination of funding period that is both prospective (not for the current year) and in increments of a minimum of two years and a maximum of five years in length. A new charter school in its first year of operation can only receive a two-year determination of funding. Additionally, a charter school may submit a request for a determination of funding up to one year prior to the fiscal year in which the request will initially be effective.

The following timelines are applicable for charter schools to submit a determination of funding request to the CDE:

  • New charter schools in their first year of operation in fiscal year 2013–14 must submit a determination of funding request by December 1, 2013.

  • Continuing charter schools with funding determinations that expire at the end of fiscal year 2013–14 must submit a determination of funding request by February 1, 2014, for a determination of funding for fiscal year 2014–15.

The forms and instructions for requesting a determination of funding are posted at the Nonclassroom-Based Instruction and Senate Bill 740 web page located at Requests must be submitted by the applicable due date and mailed to:

Charter Schools Division

California Department of Education
1430 N Street, Suite 5401
Sacramento, CA 95814-5901

Attention: Nonclassroom-based Funding Determination

If you have any questions regarding this subject, please contact Bill Fong, Education Fiscal Services Consultant, Charter Schools Division, by phone at 916-327-5929 or by e-mail at



Julie Russell, Director

Charter Schools Division



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