Nonclassroom-Based Determination of Funding

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• General Information
• Communications and Updates
• Funding Determination Form and Submission Instructions
• Filing Deadlines
• Nonclassroom-Based Funding Determination Requests by Fiscal Year
• Laws, Regulations, and Guidance
  

General Information

Pursuant to California Education Code (EC) Section 47612.5 , charter schools are prohibited from receiving any funding for nonclassroom-based instruction unless the California State Board of Education (SBE) determines its eligibility for funding.

To be eligible for funding for its nonclassroom-based average daily attendance (ADA), a charter school must submit a determination of funding request to the California Department of Education (CDE). The request is made by completing the Nonclassroom-Based Funding Determination Form. Upon receipt of a complete determination of funding request, the CDE shall review the request and present it to the Advisory Commission on Charter Schools (ACCS) pursuant to California Code of Regulations, Title 5 (5 CCR) Section 11963.4(a). The ACCS shall develop a recommendation for the request, which the CDE shall present to the SBE.

Before presenting the request to the ACCS and SBE, the CDE may ask for clarifying and/or additional information pursuant to 5 CCR Section 11963.4(b), which the school must respond to pursuant to EC Section 47604.3 .

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Communications and Updates

Determination of Funding Requests for the Fiscal Year 2023–24 (Posted 06-Dec-2023)
Information regarding funding determination requests for charter schools providing nonclassroom-based instruction in excess of 20 percent of its total ADA.

Temporary Prohibition on New Nonclassroom-Based Charter Schools
Information regarding the temporary prohibition on new nonclassroom-based charter schools.

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Funding Determination Form and Submission Instructions

New! The CDE is excited to announce that the Funding Determination Form is now entirely web-based. Portable Document Format (PDF) versions of the form will not be accepted. To access the new Funding Determination Form, select the first link provided below. Instructions for navigating and completing the Funding Determination Form are provided at the second link below.

1. Nonclassroom-Based Funding Determination Form - Fiscal Year 2023–24
2. Nonclassroom-Based Funding Determination Form Instruction Guide - Fiscal Year 2023–24 (DOCX)

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Filing Deadlines

Charter Schools with a Funding Determination in the Prior Year

Pursuant to 5 CCR Section 11963.6(c), nonclassroom-based charter schools that had a funding determination in the prior year must submit a funding determination by February 1 of the fiscal year prior to the year the funding determination will be effective; nonclassroom-based charter schools whose funding determination expires at the end of fiscal year 2023–24 must submit a funding determination by February 1, 2024.

For charter schools that had a funding determination in the prior year, determination of funding requests submitted after the applicable due date will not be accepted. These charter schools will need to obtain a waiver approved by the SBE so that an untimely determination of funding request may be heard. Information and timelines for filing a waiver are available at Waivers.

Charter Schools Without a Funding Determination in the Prior Year

Funding determination requests submitted by existing classroom-based charter schools that did not have a funding determination in the prior year will be agendized according to the table below. The deadlines below provide CDE staff adequate time to review all funding determination forms received as well as allow the requests to be heard first at the ACCS meeting occurring the month before each SBE meeting. These deadlines do not override the deadlines outlined in 5 CCR Section 11963.6(a) and (c).

Nonclassroom-Based Funding Determination Requests by Fiscal Year

Nonclassroom-Based Funding Determination Requests (XLSX; Revised 19-Jan-2024)
A compilation of nonclassroom-based funding determination requests heard by the SBE, or otherwise approved, during fiscal year 2002–03 to present.

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Laws, Regulations, and Guidance

California Education Code

• EC Section 47612.5
• EC Section 47634.2
• EC Section 51747.3(c)

California Code of Regulations, Title 5

Regulations for nonclassroom-based instruction funding determinations may be found at Thomson Reuters WESTLAW California Code of Regulations . Individual codes may be accessed by browsing the code via the drop down menu system or by entering search criteria (i.e., code, title) on the search page.

• 5 CCR Section 11704 Pupil - Teacher Ratio
• 5 CCR Section 11963 Definitions of Classroom Based Instruction
• 5 CCR Section 11963.1 Nonclassroom-Based Instruction in Charter Schools
• 5 CCR Section 11963.2 Average Daily Attendance for Nonclassroom-Based Instruction in Charter Schools
• 5 CCR Section 11963.3 Determination of Funding Request Forms and Calculations
• 5 CCR Section 11963.4 Evaluation of Determination of Funding Requests Regarding Nonclassroom-Based Instruction
• 5 CCR Section 11963.5 Determination of Funding Requests for Nonclassroom-based Virtual or Online Charter Schools
• 5 CCR Section 11963.6 Submission & Action on Determination of Funding Requests Regarding Nonclassroom-Based Instruction
• 5 CCR Section 11963.7 Termination of a Determination of Funding Requests Regarding Nonclassroom-Based Instruction

Nonregulatory Guidance for Nonclassroom-Based Instruction

• December 2004 Nonclassroom-Based Independent Study ADA Letter

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