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Senate Bills 98 and 820 FAQs

Answers to frequently asked questions related to Senate Bills 98 and 820.

The below frequently asked questions (FAQs) are intended to provide clarification to charter schools, charter authorizers, and stakeholders of distance learning requirements; requests for determination of funding for fiscal years (FYs) 2020–21 and 2021–22; Senate Bill 98 External link opens in new window or tab. [Chaptered 24, Statues of 2020], which was approved by the Governor on June 29, 2020; and Section 75 of SB 820 External link opens in new window or tab. [Chaptered 110, Statutes of 2020], which was approved by the Governor on September 18, 2020.

For answers to general inquiries regarding distance learning, visit Distance Learning Frequently Asked Questions. For answers to specific inquiries regarding funding and instructional time for FY 2020–21, visit 2020–21 Funding and Instructional Time FAQs.

Distance Learning

1. Do classroom-based charter schools need to request a material revision from their authorizer to offer distance learning?

No. Pursuant to California Education Code Section 43506(a), charter schools that offer distance learning in place of in-person instruction are not required to submit a request to its chartering authority for a material revision to its charter in order to offer distance learning.

Nonclassroom-Based Funding Determination Requests

Classroom-Based Charter Schools

1. Do classroom-based charter schools offering distance learning need to request a determination of funding?

No. Pursuant to California Education Code Section 43506(b), charter schools that were classroom-based in FY 2019–20 and that offer distance learning in FY 2020–21 shall not be required to submit a request for a determination of funding for FY 2020–21.

New Nonclassroom-Based Charter Schools

1. When is the deadline for new nonclassroom-based charter schools to submit a request for a determination of funding?

Pursuant to Education Code Section 47612.7, nonclassroom-based charter schools beginning operations in FY 2020–21 must have been approved by January 1, 2020, and must have indicated in their petition that they will offer a nonclassroom-based program. These charter schools are not required to obtain a funding determination for FY 2020–21.

To receive funding for nonclassroom-based instruction for FY 2021–22, new nonclassroom-based charter schools beginning operations in FY 2020–21 will need to submit a funding determination request by February 1, 2021.

2. What information should new nonclassroom-based charter schools use to request a determination of funding?

New charter schools in their first year of operation in FY 2020–21, including charter schools offering nonclassroom-based instruction, are not required to obtain a funding determination for FY 2020–21.

To receive funding for nonclassroom-based instruction for FY 2021–22, charter schools that are newly operational in FY 2020–21 will need to submit a funding determination request by February 1, 2021. The information presented in the following table should be used to complete the funding determination form (FDF):

FD: funding determination; N/A: not applicable

First Year of FD Term Deadline to Submit FDF Source Data
202021 N/A N/A
202122 2/1/2021 202021 Budget Data

Existing Nonclassroom-Based Charter Schools

1. When is the deadline for existing nonclassroom-based charter schools to submit a renewal request for a determination of funding?

For existing nonclassroom-based charter schools whose determination of funding expires at the close of FY 2020–21 or FY 2021–22, the deadline to submit a request to renew a determination of funding is June 30, 2021, or June 30, 2022, respectively, pursuant to Senate Bill 820 Section 75.

2. What happens if existing nonclassroom-based charter schools fail to submit a renewal request for a determination of funding by June 30, 2021, or June 30, 2022?

Existing nonclassroom-based charter schools that submit a funding determination request after the June 30, 2021, or June 30, 2022, deadline shall qualify for only an 85 percent funding determination pursuant to Senate Bill 820 Section 75. The requirements of Section 75 shall not be waived by the State Board of Education pursuant to California Education Code Section 33050 or any other law.

3. What information should existing nonclassroom-based charter schools use to renew a request for a determination of funding?

Existing nonclassroom-based charter schools requesting a renewal of their determination of funding should use audited financial data from the FY prior to the FY in which the charter school’s funding determination will expire when completing the FDF.

For example, nonclassroom-based charter schools with funding determinations that would expire at the end of FY 2020–21 should use audited financial data from FY 2019–20 when seeking renewal of their determination of funding for FY 2021–22.

The below table details the source data that should be used by nonclassroom-based charter schools when seeking a renewal of their determination of funding:

Final Year of Current FD Term Date Current FD Term Ends First Year of Next FD Term Deadline to Submit a Renewal FD Request
2020–21
6/30/2021
2021–22
6/30/2021
2021–22
6/30/2022
2022–23
6/30/2022
4. What level of funding will charter schools renewing their determination of funding receive for their nonclassroom-based average daily attendance for the next two school years?

Pursuant to Senate Bill 820 Section 75, charter schools with a nonclassroom-based funding determination that expires on June 30, 2021, or June 30, 2022, shall receive their current funding level for two years upon submission of a complete and timely funding determination request to the California Department of Education.

Charter schools that submit a funding determination request after the applicable June deadline shall receive 85 percent funding for two FYs for nonclassroom-based instruction attendance.


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Questions:   Charter Schools Division | charter-sb740@cde.ca.gov | 916-322-6029
Last Reviewed: Monday, September 27, 2021
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