Charter School FAQ Section 8

Responses to these frequently asked questions are advisory only. Charter schools and authorizers are encouraged to review the actual laws and regulations that provide the basis for these responses and consult with their own legal counsel regarding the application of any of these issues to a specific situation.

Nonclassroom-Based Instruction

1. What is nonclassroom-based instruction?

   Pursuant to California Education Code Section 47612.5 nonclassroom-based (NCB) instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. For the purposes of funding, a charter school is considered NCB if less than 80 percent of its average daily attendance (ADA) is classroom-based, as defined by California Code of Regulations, Title 5 Section 11963(a). A charter school must obtain an NCB determination of funding to receive apportionment funding for its NCB ADA. Without an approved funding determination, the school cannot receive funding for its NCB ADA.

2. Are there geographic restrictions on the operation of nonclassroom-based charter schools?

   Yes. Pursuant to California Education Code Section 47605.1(c) a charter school may establish one resource center, meeting space, or other satellite facility within the jurisdiction of the school district where the charter school is physically located if the following conditions are met:
   

   • The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school.
     
   • The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the charter school is authorized.

   
   A charter school may establish additional resource centers, meetings spaces, or other satellite facilities within the jurisdiction of the charter school’s chartering authority only if both of the following are met:
   

   • The charter school is physically located within the boundaries of the charter school’s chartering authority.
     
   • The charter school has obtained written approval from the charter school’s chartering authority for each additional resource center, meeting space, or other satellite facility.
     

   
   A charter school that submits its petition directly to a county board of education, as authorized by California Education Code Section 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of education has jurisdiction.

3. What are the pupil-teacher ratio requirements for offering nonclassroom-based instruction in a charter school?

   Pursuant to California Code of Regulations, Title 5 Section 11704, the ratio of average daily attendance for independent study shall not exceed a pupil-teacher ratio of 25:1 or the ratio of pupils to full-time equivalent certificated employees for all other educational programs operated by the largest unified school district, as measured by average daily attendance, as reported at the second principal apportionment in the prior year, in the county or counties in which the charter school operates.

   Additional information regarding the method for calculating pupil-teacher ratio for nonclassroom based charter schools is available at Independent Study Ratio Calculations.

4. If an existing classroom-based charter school added an independent study component, would the school be considered a new or existing nonclassroom-based charter school?

   The charter school would be considered an existing charter school for the purposes of funding.

5. If a non-charter public school converts to a charter school, is it required to obtain a nonclassroom-based funding determination if it intends to provide nonclassroom-based instruction?

   Yes, it would be required to obtain a nonclassroom-based funding determination to receive funding for its nonclassroom-based average daily attendance.

6. If a non-charter public school converts to a charter school and provides nonclassroom-based instruction, would it be considered a new or existing nonclassroom-based charter school?

   It would be considered a new nonclassroom-based charter school for the purposes of funding.

Nonclassroom-Based Funding Determination Requests

1. How does a charter school obtain a nonclassroom-based determination of funding?

   Information regarding determination of funding requests is available at Nonclassroom-Based Determination of Funding.

2. If a charter school offers both classroom-based instruction and nonclassroom-based instruction, is it required to obtain a funding determination?

   The charter school may obtain a nonclassroom-based (NCB) funding determination if the charter school’s classroom-based average daily attendance (ADA) is less than 80 percent of its total ADA. A charter school may obtain an NCB funding determination if it is close to the 80 percent threshold in the event that the charter school’s classroom-based ADA declines unexpectedly in relation to its NCB ADA.

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