BILL NUMBER: AB 2750 CHAPTERED 09/29/02 CHAPTER 1067 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2002 APPROVED BY GOVERNOR SEPTEMBER 29, 2002 PASSED THE ASSEMBLY AUGUST 28, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 22, 2002 AMENDED IN SENATE JUNE 27, 2002 INTRODUCED BY Assembly Member Wesson FEBRUARY 22, 2002 An act to amend Section 41841.6 of the Education Code, relating to public schools. LEGISLATIVE COUNSEL'S DIGEST AB 2750, Wesson. Adult education: classes in correctional facilities. Existing law limits increases in funding for schools or classes for adults in correctional facilities offered by school districts and county boards of education to 2.5% per fiscal year unless the Legislature approves a greater increase for a fiscal year in the annual Budget Act. This bill would permit increases in the maximum average daily attendance calculations for schools and classes for adults in correctional facilities, as prescribed. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares that jail education contributes to the public safety by providing inmates with the skills and knowledge needed to succeed upon release. The Legislature also finds and declares that the existing method of funding jail education has contributed to the decline in enrollments in jail education programs. The intent of this measure is to establish a funding mechanism that does not result in reduced enrollments due to the attendance fluctuations that are inherent in operating education programs within the jail system. SEC. 2. Section 41841.6 of the Education Code is amended to read: 41841.6. (a) Except as otherwise provided in subdivision (b) of Section 46191, for the 2000-01 fiscal year for purposes of Sections 1909 and 41841.5, in calculating the average daily attendance for schools or classes for adults in correctional facilities, a school district or county board of education may not claim or report any increase in average daily attendance in excess of the average daily attendance claimed and authorized pursuant to this article during the previous fiscal year multiplied by a factor of 1.025 to 1.14, as specified as follows: (1) A school district or county office of education that has not experienced a loss of average daily attendance due to extenuating circumstances may not claim or report an increase in average daily attendance in excess of that authorized pursuant to this article during the previous fiscal year multiplied by 1.025. (2) A school district that experienced a loss of units of average daily attendance due to extenuating circumstances may not claim or report an increase in average daily attendance in excess of that authorized pursuant to this article during the previous fiscal year multiplied by a factor equivalent to the number derived by adding 1.025 to the extenuating circumstances factor, as defined pursuant to paragraph (3). (3) For purposes of this section, "a school district or county office of education that experienced a loss of average daily attendance due to extenuating circumstances" means a school district or county office of education that experienced a loss of average daily attendance as a result of the temporary or permanent closure of jails, a jail, or a unit thereof, that occurred on or after June 30, 1993, at which the district or office provided jail education programs that were subject to reimbursement by the state. (4) For purposes of paragraph (2), "extenuating circumstances factor" means that number derived by dividing the number of units of average daily attendance lost to circumstances defined in paragraph (3) divided by the number of units of average daily attendance claimed in the fiscal year prior to the extenuating circumstances occurring, provided that the factor does not exceed 0.115. (5) Any school district or county office of education claiming additional average daily attendance pursuant to the "extenuating circumstances factor" defined in paragraph (4) shall document the extenuating circumstances and the data involved in calculating their extenuating circumstances factor. This subdivision shall apply only to average daily attendance generated in the 2000-01 fiscal year. (b) Except as otherwise provided in subdivision (b) of Section 46191, commencing with the 2001-02 fiscal year, and for each fiscal year thereafter, for purposes of Sections 1909 and 41841.5, in calculating the average daily attendance for schools or classes for adults in correctional facilities, a school district or county board of education may not claim or report any increase in average daily attendance in excess of the average daily attendance authorized pursuant to this article during the previous fiscal year multiplied by 1.025, unless the Legislature approves a greater increase for that fiscal year in the annual Budget Act. (c) Notwithstanding subdivision (b), for the 2003-04 fiscal year, and each fiscal year thereafter, a school district or county office of education shall calculate the maximum average daily attendance it may claim for schools and classes for adults in correctional facilities for the then-current fiscal year by multiplying the maximum average daily attendance that it would have been authorized to claim for those programs, without regard to actual average daily attendance, for the immediately preceding fiscal year by 1.025, or a greater increase if approved by the Legislature for that fiscal year in the annual Budget Act or other measure. (d) It is the intent of the Legislature to provide, through subsequent measures, additional adjustments to increase allocations for adults in correctional facility educational programs to the extent that funds are available. (e) No state funds shall be allocated to a school district or county board of education for units of average daily attendance for programs set forth in this section unless the allocations are in compliance with this section.