Attendance Accounting and Instructional Time Issues
Responses to these frequently asked questions are advisory only. Charter schools and charter authorizers are encouraged to review the actual laws and regulations that provide the basis for these responses and consult with their own legal counsel regarding the application of any of these issues to a specific situation.
Q.1. How is average
daily attendance (a.d.a.) calculated for a charter school? How does
this work in a multi-track, year- round school ?
Q.2. Can a charter school operate multiple tracks?
Q.3. Can a charter school have an individual
calendar, or track, for each pupil?
Q.4. What are the instructional time requirements
for a charter school?
Q.5. What if a charter school fails to offer the minimum amount of instructional time?
Q.6. Is a charter school considered part of the charter authorizer when determining compliance with minimum instructional time requirements?
Q.7. Does a charter school have a minimum day requirement? If so, what are the minimum number of days and annual instructional minutes?
Q.8.Can charter schools receive funding for supplemental instruction?
Q.9. Can a charter school provide make-up classes
on Saturday, but not include that day in the divisor of the charter
a.d.a. calculation?
Q.10. Can charters run pre-kindergarten summer
school programs and be funded for them?
How is a.d.a calculated for a charter school? How does this work in a multi-track, year- round school?
Title 5, Section 11960 (Outside Source) of the California Code of Regulations defines the charter school a.d.a. calculation. The State Board of Education (SBE) has adopted a policy called “Charter School Average Daily Attendance-Alternative Calculation Method” that allows charters to request a waiver of Section 11960 (Outside Source) to operate multi-tracks and to separately calculate a.d.a. for each track, rather than for the school as a whole. In order for a charter school to receive full apportionment funding, a charter school must offer a minimum of 175 days of instruction.
Can a charter school operate multiple tracks?
Yes, if it has the above mentioned SBE waiver. A charter school has flexibility in determining its schedule. However, pursuant to California Code of Regulations, Title 5, Section 11960, (Outside Source) the total number of days in which a charter school operates, not the number of days in each track, must be used in the a.d.a. calculation. Therefore, providing multiple tracks without the SBE waiver may have the effect of actually reducing the a.d.a of the school for the year. The SBE established waiver guidelines allowing charter schools that receive a waiver to calculate a.d.a. separately for each track. If a charter school anticipates operating multiple tracks, a school official should contact the California Department of Education (CDE) Waiver Office for general wavier information and a copy of the SBE policy for alternative attendance calculations for charter schools.
Can a charter school have an individual calendar, or track, for each pupil?
There is no law or regulation that says a charter school cannot operate multiple tracks. However, per California Code of Regulations, Title 5, Section 11960, (Outside Source) a.d.a. is calculated based on the “total number of days school is in session.” This should be based on an instructional calendar that the charter school approves prior to the start of the school year. Therefore, all of the days that a charter school operates are counted in the divisor for the a.d.a. calculation. To operate multiple tracks and have a.d.a. calculated separately for each track requires a waiver from the SBE. The SBE established policy that allows these waivers under specific conditions for up to five tracks. If a charter school anticipates operating multiple tracks, a school official should contact the CDE waiver office for general waiver information and a copy of the SBE policy for alternative attendance calculations for charter schools.
What are the instructional time requirements for a charter school?
A charter school must offer the total annual instructional minutes by grade level that are required by Education Code Section 46201(a)(3). (Outside Source) However, a charter school has scheduling flexibility on how the total annual minutes requirement is met within the fiscal year. There is not a specific number of minutes per day that is required to be offered in charter schools.
What if a charter school fails to offer the minimum amount of instructional time?
Prior to the enactment of Education Code Section 47612.6 (Outside Source), as added by Assembly Bill 1610 (Chapter 543, Statutes of 2005), failure to provide the minimum instructional time resulted in a financial penalty to a charter school. However, Education Code Section 47612.6 (Outside Source) now allows the State Board of Education to waive the financial penalty (beginning with 2005-06 fiscal year) on the condition that the charter school make up the instructional time shortfall prospectively for twice the number of years that the shortfall existed.
Is a charter school considered part of the charter authorizer when determining compliance with minimum instructional time requirements?
Each stands alone. A charter school and its authorizing entity are separate agencies when determining compliance with minimum instructional time requirements. Charter schools are governed by Education Code Section 47612.5 (Outside Source) as it relates to minimum instructional time. Non-charter schools are governed by other provisions of law.
Does a charter school have a minimum day requirement? If so, what are the minimum number of days and annual instructional minutes?
Charter schools are required to operate 175 days to receive a full apportionment, but there is no required minimum number of instructional minutes per school day. A charter must offer the minimum number of minutes by grade level annually as required by Education Code sections 47612.5 (Outside Source) and 46201(a)(3) (Outside Source).
These annual instructional minute requirements are as follows:
| Grade Level | Annual Instructional Minutes |
|---|---|
Kindergarten |
36,000 minutes |
Grades 1-3 |
50,400 minutes |
Grades 4-8 |
54,000 minutes |
Grades 9-12 |
64,800 minutes |
Can charter schools receive funding for supplemental instruction?
Yes, supplemental instruction can be offered before school, after school, or on weekends. Nonclassroom-based charter schools, however, cannot offer supplemental instruction on a school day, because, unlike regular schools, charter schools that operate through nonclassroom-based instruction do not operate a day of classroom instruction of fixed time. There is, therefore, no way to determine what part of the “day” is the regular school day. Nonclassroom-based programs can receive funding for supplemental instruction only on non-school days. Supplemental instruction may not be used for making up absences.
Can a charter school provide make-up classes on Saturday, but not include that day in the divisor of the charter a.d.a. calculation?
No. While a charter school may operate on Saturdays, they are not “make-up” days. According to California Code of Regulations, Title 5 Section 11960, (Outside Source) a.d.a. must be calculated based on each day school is in session. Therefore, a charter school must include that day in the divisor of its a.d.a. calculation. In other words, a charter school can make Saturday part of its regular calendar, but not as a “make-up day” that would be excluded from the divisor in its a.d.a. calculation.
Can charters run pre-kindergarten summer school programs and be funded for them?
Charter schools may offer a summer school pre-kindergarten program and receive funds for the program. Education Code Section 48000 (Outside Sources) defines who is eligible to be served by the pre-kindergarten program. Education Code Section 37252 (Outside Source) allows school districts and charter schools to receive funding when offering supplemental instructional programs. These two sections allow a charter to operate a summer school pre-kindergarten program.
