Nonclassroom-Based Determination of Funding

Enacted by Senate Bill 740 (PDF) (Chapter 892, Statutes of 2001, California Education Code [EC] Section 47612.5 ), charter schools are prohibited from receiving any funding for nonclassroom-based instruction unless the State Board of Education determines its eligibility for funding.

Information and Updates

Determination of Funding Requests for the Fiscal Year 2022–23 (Posted 08-Nov-2022)
Information regarding funding determination requests for charter schools providing nonclassroom-based instruction in excess of 20 percent of its total average daily attendance.

Temporary Prohibition on New Nonclassroom-Based Charter Schools
Information regarding the temporary prohibition on new nonclassroom-based charter schools from January 1, 2020, to January 1, 2025, per Assembly Bill 1505 and AB 130 Section 58.

Deadlines to be Heard at the State Board of Education Meeting

Upon receipt of a complete funding determination form, the California Department of Education (CDE) shall review and present the funding determination request to the Advisory Commission on Charter Schools (ACCS) and the California State Board of Education (SBE), pursuant to California Code of Regulations, Title 5 (5 CCR) Section 11963.4(a).

Nonclassroom-Based Charter Schools with an Existing Funding Determination

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 2022–23 must submit a funding determination by February 1, 2023. 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 posted at the CDE Waivers web page.

Classroom-Based Charter Schools without an Existing Funding Determination

Funding determination requests submitted by existing classroom-based charter schools 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). Waivers to submit funding determination requests after the below deadlines will not be required for existing classroom-based charter schools seeking a new funding determination:

Forms and Instructions

1. Nonclassroom-Based Funding Determination Form Instruction Guide - Fiscal Year 2022–23 (PDF)
2. Nonclassroom-Based Funding Determination Form - Fiscal Year 2022–23 (PDF)
   • Users should download and save the PDF prior to entering data into the form. The recommended program for completing the form is Adobe Acrobat Reader DC. Completing the form using the web browser may result in errors.
   • Existing charter schools that do not currently have an active funding determination should use current year budget data to complete the form.

Nonclassroom-Based Funding Determination Requests by Fiscal Year

Nonclassroom-Based Funding Determination Requests (XLSX; Revised 31-May-2023)
A compilation of nonclassroom-based funding determination requests heard by the State Board of Education, or otherwise approved, during fiscal years 2002–03 through 2022–23.

Laws, Regulations, and Guidance

Education Code Statutes

• 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 Average Daily Attendance Letter