5 CCR s 19852

Cal. Admin. Code tit. 5, s 19852

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 1.5. EDUCATION AUDIT APPEALS PANEL
CHAPTER 3. AUDITS OF CALIFORNIA K-12 LOCAL EDUCATION AGENCIES
ARTICLE 4. STATE COMPLIANCE PROCEDURES: CHARTER SCHOOLS
This database is current through 02/09/07, Register 2007, No. 6
s 19852. Additional Nonclassroom-Based Instruction.

(a) Determine whether the Average Daily Attendance reported to the
California Department of Education by the charter school as generated
through classroom-based instruction was generated in compliance with all
of the following conditions:

(1) The charter school's pupils were engaged in educational
activities required of those pupils, and the pupils were under the
immediate supervision and control of an employee of the charter
school who possessed a valid teaching certification in accordance
with the provisions of subdivision (l) of Education Code Section
47605.

(2) At least 80 percent of the instructional time offered at the
charter school was at the schoolsite. The requirement to be "at the
schoolsite" is satisfied if either of the conditions set forth in
subdivision (b) of Section 11963 is met.

(3) The charter school's schoolsite was a facility that was used
principally for classroom instruction as that term is defined in
subdivision (b)(1) of Section 11963.

(4) The charter school required its pupils to be in attendance at
the schoolsite at least 80 percent of the minimum instructional time
required pursuant to the provisions of subdivision (a)(1) of
Education Code Section 47612.5.

(b) If any Average Daily Attendance reported to the California Department
of Education as classroom-based instruction was not generated in
compliance with all of the preceding conditions, it is not eligible for
apportionments unless it was generated in full compliance with the
requirements set forth in Section 19851. If it was not generated in full
compliance with the requirements set forth in Section 19851, include a
statement in the Findings and Recommendations section of the audit report
of the number of units of Average Daily Attendance that were
inappropriately reported for apportionment and an estimate of their dollar
value.

Note: Authority cited: Section 14502.1, Education Code.
Reference: Sections 14502.1, 14503, 41020, 47612.5 and 47634.2,
Education Code.

HISTORY

1. New section filed 5-6-2005 as an emergency; operative 5-6-2005
(Register
2005, No. 18). A Certificate of Compliance must be transmitted to OAL by
9-
6-2005 or emergency language will be repealed by operation of law on the
following day.

2. Certificate of Compliance as to 5-6-2005 order, including amendment of
Note,
transmitted to OAL 8-26-2005 and filed 10-11-2005 (Register 2005, No. 41).

5 CCR s 19852, 5 CA ADC s 19852
1CAC

5 CA ADC s 19852

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