The Legislature recognized that smaller school districts (including county offices of education)* may have difficulty operating community day schools (CDSs) with the statutory funding formulas. To address this concern, California Education Code (EC) Section 48664(d) provides that any school district with fewer than 2,501 units of average daily attendance may request a Superintendent's Waiver of the statutory funding limitations for CDSs (as provided in EC Section 48664[a]). Under the waiver, the district is eligible for special small district funding to permit the operation of a CDS of reasonably comparable quality to those offered in larger districts.
A district granted a waiver of the funding formula for a CDS pursuant to EC Section 48664(d) will, for the school year for which the waiver is granted, be allocated an amount not to exceed the amount provided for one teacher pursuant to EC Section 42284, except that the California Department of Education (CDE) will proportionally reduce the amount by 1/180 for each day fewer than 180 that the school is in session during the year as a whole.
For the 2007-08 school year, the maximum waiver amount is $102,085. The actual amount of each waiver is the amount needed to make up the difference between earned base revenue funding and the $102,085 target amount. In addition to the waiver amount, districts operating a CDS under a funding waiver receive fifth and sixth hour supplemental funding, subject to the funding cap, (EC Section 48664[a]), as well as funding for additional seventh and eighth hour supervised attendance following the student's completion of the full six-hour instructional day (EC Section 48664[c]).
Applying for a Small District Funding Waiver
In order to apply for a small district funding waiver, districts must submit the following documents:
- Completed Request for Superintendent's Small District Funding Waiver for Community Day Schools (DOC; Revised 24-Mar-2010)
- Letter from the County Superintendent of Schools stating that the operation of the community day school is consistent with the county-district collaborative plan for serving expelled pupils, and that, for this reason, the County Superintendent recommends approval of the requested waiver. (The school districts may have the County Office of Education [COE] send this letter, with an original signature, directly to Daniel Sackheim, Education Programs Consultant, Educational Options, Student Support and American Indian Education Office, California Department of Education, 1430 N Street, Suite 6408, Sacramento, CA 95814-5901.)
- Description of the CDS program, as provided in Core Elements for Describing a Community Day School. Also provide an electronic copy of the CDS program description to Daniel Sackheim, Education Programs Consultant, Educational Options, Student Support and American Indian Education Office, at email@example.com.
- Consistent with EC Section 48926, which provides for countywide plans for providing services for expelled students, the district should provide copies of the CDS program description and the School Accountability Report Card to the COE, as part of the district's request for this waiver.
According to EC Section 48664(d), small district funding waivers are for "any fiscal year." Therefore, the period of request should be July 1 to June 30 of the year for which the funding waiver is requested. These waivers are subject to annual renewal.
Applying for Renewal of Superintendent's Small District Funding Waivers
A small district funding waiver is granted for one fiscal year only. To renew a small district funding waiver, the district or COE must submit a waiver renewal request that includes:
- A completed Request for Superintendent's Small District Funding Waiver for Community Day Schools (DOC; Revised 24-Mar-2010) for each CDS. The period of request must be July 1 to June 30 of the year for which the funding waiver is requested.
- A letter from the County Superintendent of Schools stating that the operation of the CDS is consistent with the county-district collaborative plan for serving expelled pupils and, for this reason, the County Superintendent recommends approval of the requested waiver.
- For a CDS that has been in operation for three years or less or will have a substantial change from the previous year:
A current updated description of the CDS program responding to all of the items in Core Elements for Describing a Community Day School.
- For a CDS that has been in operation for more than three years and operations remain substantially unchanged from the previous year:
A current updated description of the CDS program responding to all of the items in Core Elements for Describing a Community Day School, every other year according to the following schedule:
- Districts in odd-numbered counties (e.g., Alameda-01, Amador-03) submit in 2007-08, 2009-10, 2011-12, etc.
- Districts in even-numbered counties (e.g., Alpine-02, Butte-04) submit in 2006-07, 2008-09, 2010-11, etc.
Attention: The CDE must receive the complete waiver renewal request, including all required documents and information, by the last business day in May of the preceding school year to be eligible to receive a funding waiver. (For example, 2008-09 waiver renewals must be received by May 30, 2008.)
* EC Section 48667(a) states that, for the purposes of Article 3. Community Day Schools, each COE shall be deemed to be a school district.