Charter schools: charter renewal.

(1) Existing law establishes the California School Finance Authority, and authorizes the authority to issue revenue bonds to finance a single or series of projects or financing of working capital for a single or several participating parties, defined as a school district, charter school, county office of education, or community college district that undertakes the financing or refinancing of a project or of working capital, or a joint venture school facility construction project. This bill would authorize the authority to issue revenue bonds to refinance those projects. (2) The Charter Schools Act of 1992 (Charter Schools Act) specifies the procedures for the submission, review, and approval or denial of a petition to establish a charter school. The Charter Schools Act limits the duration of charters to a period not to exceed 5 years and authorizes the chartering authority to grant one or more subsequent renewals for an additional period of 5 years. The Charter Schools Act prescribes the requirements a charter school must meet in order to have its charter renewed, including a requirement that a charter school that has been in operation for 4 years satisfy at least one of several specified criteria regarding academic performance. This bill would change the criteria a charter school is required to meet in order to have its charter renewed. The bill would authorize a charter school not meeting the renewal criteria to apply to the State Board of Education for a determination of academic eligibility for the renewal of its charter by submitting supporting evidence to the state board and the Superintendent of Public Instruction. The bill would require the charter school to submit a copy of the application and supporting evidence to its charter authorizer. The bill would require the Superintendent and authorize the charter authorizer to make a recommendation to the state board on the application. The bill would require the state board to issue a positive determination of academic eligibility if the state board finds that the charter school clearly demonstrates that the academic performance of the school's pupils builds an expectation that the pupils will continue to improve academically and have the opportunity to be successful in college or career. A charter renewal based on a determination of academic eligibility would be granted for only 3 years. The bill also would make a conforming change. (3) Existing law establishes the Charter School Facility Grant Program to provide assistance with facility rent and lease costs for pupils in charter schools, and states the intent of the Legislature that not less than $18,000,000 annually be appropriated for purposes of the program. Eligibility for a grant is based on the percentage of pupils who are eligible for free and reduced-price meals and are enrolled in the charter school or reside in the attendance area of, or are enrolled in, the public elementary school where the charter school is physically located. Eligible schools receive up to $750 per unit of average daily attendance for a maximum of 75% of the annual facilities rent and lease costs for the charter school. Funds appropriated for purposes of the program are prohibited from being apportioned for units of average daily attendance generated through nonclassroom-based instruction, as defined, or for a school that does not comply with conditions or limitations set forth in regulations adopted by the state board. This bill would increase the amount eligible schools receive to $800 per unit of average daily attendance. The bill would require eligibility for this grant program to be expanded if funds remain after charter schools that meet the existing free and reduced-price meals threshold are funded. The bill would remove the prohibition against funding for units of average daily attendance that do not comply with conditions or limitations set forth in regulations, and would allow eligibility to be expanded, as specified, for charter schools that generate units of average daily attendance through nonclassroom-based instruction if the school operates facilities that provide direct instruction and support to enrolled pupils. The bill would require a charter school offering nonclassroom-based instruction and applying for funding to identify in apportionment reports the proportion of time pupils in the school are scheduled to receive classroom-based instruction.