BILL NUMBER: SBX3 2 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 13, 2008
INTRODUCED BY Committee on Budget and Fiscal Review
FEBRUARY 7, 2008
An act relating to the Budget Act of 2007.
An act to add Sections 8483.51 and 14041.1 to the Education Code, to
amend Items 6110-246-0001, and 6110-485 of, and to add Item 6110-488
to, Section 2.00 of, and to repeal Sectio n 9.00 of, the
Budget Act of 2007 (Chapters 171 and 172 of the Statutes of 2007),
relating to education finance, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2007. School finance: apportionment:
deferral.
(1) The After School Education and Safety Program Act of 2002, as
enacted by the initiative measure Proposition 49, continuously
appropriates in each fiscal year up to $550,000,000 from the General
Fund to the State Department of Education for purposes of the After
School Education and Safety Program.
This bill would specify that the funds appropriated for purposes
of the program are available for encumbrance for one year after the
date upon which they first become available for encumbrance, and
thereafter the bill would subject the appropriated funds to certain
statutory provisions regarding disbursements in liquidation of
encumbrances.
(2) Existing law requires the Controller to draw warrants on the
State Treasury in favor of the county treasurer of each county in
each month of each year during the fiscal year from the State School
Fund to the school districts under the jurisdiction of the county
superintendent of schools of the county, to the county school service
fund, and to the county school tuition fund of the county. Warrants
for 6% of specified amounts allowed to the county school service
funds and 6% of specified amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county service fund are
required to be drawn in July.
This bill would require the entire amount of the July warrant for
the county school service fund and a specified percentage of the
amount of the July warrant for school district apportionments, county
school service fund apportionments for classes maintained by the
county superintendent of schools, and county school tuition fund
apportionments to be deferred to the warrants drawn in September.
(3) The Budget Act of 2007 makes various appropriations for
purposes of public education.
This bill would reduce specified appropriations made in that
Budget Act. A reappropriation made in that Budget Act from the
Proposition 98 Reversion Account to the School Facilities Program for
purposes of funding the School Facilities Emergency Repair Account
would be increased by $200,000,000. The amount of that
reappropriation would be in satisfaction of the amounts that would
otherwise be provided in the 2007-08 fiscal year to that account. The
authority of the Director of Finance to reduce the reappropriation
of $250,000,000 to the State Department of Education for the
home-to-school transportation program would be repealed.
(4) The Budget Acts of 2003, 2004, 2005, and 2006 and other
measures make various appropriations for purposes of public
education.
This bill would reappropriate for the current fiscal year
specified amounts or the unexpended balance of specified
appropriations made in those prior Budget Acts to the State
Department of Education for purposes of the Targeted Instructional
Improvement Block Grant.
(5) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and called a special session for this purpose, on
January 10, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on January 10, 2008,
pursuant to the California Constitution.
(6) This bill would declare that it is to take effect immediately
as an urgency statute.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2007.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8483.51 is added to the
Education Code , to read:
8483.51. For purposes of Section 8483.5, the term "continuously
appropriated" shall not be construed to mean "without regard to
fiscal year." The funds appropriated pursuant to subdivision (b) of
Section 8483.5 are available for encumbrance for one year after the
date upon which they first become available for encumbrance and are
subject to Section 16304.1 of the Government Code.
SEC. 2. Section 14041.1 is added to the
Education Code , to read:
14041.1. (a) Except as provided pursuant to subdivision (b),
notwithstanding paragraphs (1) and (2) of subdivision (a) and
subdivision (b) of Section 14041, for the 2008-09 fiscal year only:
(1) Warrants for amounts allowed to the county school service
funds under subdivisions (a) and (b) of Section 14054 shall be for
amounts equal to 0.9 percent in July, 12 percent in August, 15.1
percent in September, and 8 percent in each remaining month of the
fiscal year of the amounts certified by the Superintendent as a part
of the advance apportionment.
(2) Warrants for amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county school tuition funds
shall be for amounts equal to 0.9 percent in July, 12 percent in
August, 13.1 percent in September, and 8 percent in October,
November, December, and January, of the amounts certified by the
Superintendent as a part of the advance apportionment.
(b) Notwithstanding subdivision (a) and subject to the approval of
the Director of Finance, the Controller shall issue warrants
pursuant to Section 14041 that include the full amount of the
apportionment payments for the month of July for a local educational
agency for which the county superintendent of schools certifies to
the Superintendent of Public Instruction and to the Director of
Finance on or before May 15, 2008, that the deferral of warrants
pursuant to subdivision (a) will result in qualifying the local
educational agency for an emergency apportionment pursuant to Article
2 (commencing with Section 41320) of Chapter 3 of Part 24 of
Division 3 of Title 2.
SEC. 3. Item 6110-246-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-246-0001--For local assistance,
Department of Education (Proposition 98),
for transfer by the Controller to Section
A of the State School Fund for allocation
by the Superintendent of Public
Instruction for the unscheduled Targeted
Instructional Improvement Block Grant
pursuant to Article 6 of Chapter 3.2
(commencing with Section 41540) of Par t he
24
of Division 2 of Title 2 of the Education
Code............................. 975,613,000
Code.......................................
680,207,975
Provisions:
1. Of the funds appropriated in
this item, $46,619,000 is for
the purpose of providing a
cost-of-living adjustment at a
rate of 4.53 percent.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.48
percent for a statewide
decline in average daily
attendance.
3. Notwithstanding any other
provision of law, an
additional $100,118,000 in
expenditures for this item has
been deferred until the 2008-
09 fiscal year.
SEC. 4. Item 6110-485 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-485--Reappropriation (Proposition 98), Department
of Education. The sum of $ 4 5
80,674,000 is hereby
reappropriated from the Proposition 98 Reversion
Account, for the following purposes:
0001--General Fund
(1) $ 1 2 00,000,000
to the School
Facilities
Program for the purpose of funding the
School Facilities Emergency Repair
Account as required by Chapter 899 of
the Statutes of 2004.
Notwithstanding
any law, the amount provided in this
schedule shall be in satisfaction of
the amounts that would otherwise be
provided for the 2007-08 fiscal year
for the School Facilities Emergency
Repair Account.
(2) $8,8l0,000 to the State Department of
Education for the purpose of the
Teacher Credentialing Block Grant
pursuant to Article 4 (commencing with
Section 41520) of Chapter 3.2 of Part
24 of Division 2 of Title 2 of the
24 of the Education Code to
fund estimated
estimated participation in
the 2006-07 budget
budget year.
(8) $4,100,000 to the State Department of
Education for the purpose of funding
community day school program
deficiencies from the 2006-07 fiscal
year.
(9) $1,900,000 to the State Department of
Education on a one-time basis for
maintenance of the K-12 High Speed
Network. The program shall provide a
status report to the Department of
Finance, Legislative Analyst's Office,
and budget committees of each house of
the Legislature by March 1, 2008, on
the use of these funds and whether any
unplanned program savings are
anticipated (due to vendor allowances,
base program savings, or other
specified matters).
(11) $385,000 to the Superintendent of
Public Instruction, on a one-time
basis, for allocation to the Fiscal
Crisis and Management Assistance Team
(FCMAT) to conduct comprehensive
assessments pursuant to Section
41327.1 of the Education Code. Of the
amount appropriated in this paragraph,
FCMAT shall use $150,000 for an
assessment of the Oakland Unified
School District, $125,000 for an
assessment of the Vallejo City Unified
School District and $110,000 for an
assessment of the West Fresno
Elementary School District. The FCMAT
shall provide a copy of the written
report to the appropriate fiscal and
policy committees of the Legislature,
the Members of the Legislature
representing those school districts,
any advisory councils of those school
districts, the Superintendent of
Public Instruction, the county
superintendent of schools with
jurisdiction over those school
districts, the Department of Finance,
and the Office of the Secretary for
Education.
(12) $115,479,000 to the State Department
of Education, on a one-time basis, to
backfill the Deferred Maintenance
Program.
(13) Notwithstanding subdivision (b) of
Section 17592.71 of the Education
Code, $250,000,000 shall be
transferred by the Controller from the
School Facilities Emergency Repair
Account to the Proposition 98
Reversion Account no later than 30
days after the enactment of the Budget
Act. By March 31, 2008, the Director
of Finance shall determine whether
there are sufficient funds in the
School Facility Emergency Repair
Account to cover approved grants for
the Schools Emergency Repairs
Grant Program pursuant to Article 1.5
(commencing with Section 17592.70) of
Chapter 5 of Part 10 of the Education
Code. If the Director of Finance
determines that the amount available
in the School Facilities Emergency
Repair Account is insufficient to
cover approved grants, the amount
necessary to fund grants approved by
the State Allocation Board shall be
transferred back from the Proposition
98 Reversion Account to the School
Facilities Emergency Repair Ac
coun t.
(14) $250,000,000 to the State Department
of Education for the home-to-school
transportation program, pursuant to
Article 10 (commencing with Section
41850) of Chapter 5 of Part 24 of
Division 2 of Title 2 of the Education
Code, and Small School District
Transportation, pursuant to Article
4.5 (commencing with Section 42290) of
Chapter 7 of Part 24 of Division 2
of Title 2 of the Education Code.
SEC. 5. Item 6110-488 is added to Section 2.00 of
the Budget Act of 2007, to read:
6110-488--Reappropriation (Proposition 98), Department
of Education. Notwithstanding any other law, the
unobligated balances from the following items are
available for reappropriation for the purpose
specified in Provision 1 of this item.
0001--General Fund
(1) $25,297 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for preschool
education in Schedule (1) of
Item 6110-196-0001 of the
Budget Act of 2003 (Ch.
157, Stats. 2003).
(2) $838,589 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for child care in
Schedule (1.5) of Item 6110-
196-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003).
(3) $20,260 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for preschool
education in Schedule (1) of
Item 6110-196-0001 of the
Budget Act of 2004 (Ch. 208,
Stats. 2004).
(4) $2,260,825 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for child care in
Schedule (1.5) of Item 6110-
196-0001 of the Budget Act of
2004 (Ch. 208, Stats. 2004).
(5) $1,674,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for California's
pupil testing program in
Schedules (2), (3), and (4) of
Item 6110-113-0001 of the
Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(6) $306,810 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for
Specialized Secondary Programs
in Item 6110-122-0001 of the
Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(7) $357,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the High
Priority Schools Grant Program
in Schedule (2) of Item 6110-
123-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(8) $1,040,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the adults in
correctional facilities
program in Item 6110-158-0001
of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(9) $2,093,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for Partnership
Academies in Item 6110-166-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(10) $345,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the National
Board Certification program in
Item 6110-195-0001 of the
Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(11) $12,618,945 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for CalWORKS
Stage 2 child care in Schedule
(1.5) of Item 6110-196-0001 of
the Budget Act of 2005 (Chs.
38 and 39, Stats. 2005).
(12) $7,222,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Cal-SAFE
Program in Schedules (1), (2),
and (3) of Item 6110-198-0001
of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(13) $1,200,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for child
nutrition in Item 6110-203-
0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(14) $25,000,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Program
to Reduce Class Size in Two
Courses in Grade 9 in Item
6110-232-0001 of the Budget
Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(15) $12,000,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Class
Size Reduction Program in Item
6110-234-0001 of the Budget
Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(16) $49,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
alternative certification
program in Schedule (1) of
Item 6360-101-0001 of the
Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(17) $365,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California School
Paraprofessional Teachers
Training Program in Schedule
(2) of Item 6360-101-0001 of
the Budget Act of 2005 (Chs.
38 and 39, Stats. 2005).
(18) $5,383 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California Community Colleges
in Schedule (1), Provision
5.5, of Item 6870-101-0001 of
the Budget Act of 2005 (Chs.
38 and 39, Stats. 2005).
(19) $9,937 or whatever the greater
or lesser amount reflects the
unexpended balance of the
amount appropriated for the
California Community Colleges
in Schedule (4) of Item 6870-
101-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(20) $1,340,266 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California Community Colleges
in Schedule (6) of Item
6870-101-0001 of the Budget
Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(21) $28,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California Community Colleges
in Schedule (7) of Item 6870-
101-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(22) $167,006 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California Community Colleges
in Schedule (8) of Item 6870-
101-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(23) $612,289 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California Community Colleges
in Schedule (15) of Item 6870-
101-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(24) $585,482 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
California Community Colleges
in Schedule (18) of Item 6870-
101-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats.
2005).
(25) $2,218,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for California's
pupil testing program in
Schedules (1) and (2) of Item
6110-113-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(26) $456,500 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for Administrator
Training Programs in Item 6110-
144-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats.
2006).
(27) $2,460,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the National
Board Certification Program in
Item 6110-195-0001 of the
Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(28) $55,000,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for preschool
education in Schedule (1) of
Item 6110-196-0001 of the
Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(29) $34,500,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for child care in
Schedule (1.5) of Item 6110-
196-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats.
2006).
(30) $3,474,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for Cal-SAFE
child care in Schedule (3) of
Item 6110-198-0001 of the
Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(31) $13,704,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Year
Round School Grant Program in
Schedule (1) of Item 6110-224-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(32) $5,000,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Program
to Reduce Class Size in Two
Courses in Grade 9 in Item
6110-232-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(33) $29,000,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Class
Size Reduction Program in Item
6110-234-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(34) $1,563,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the Pupil
Retention Block Grant in Item
6110-243-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(35) $2,101,212 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for county
offices of education for
Williams audits in Item 6110-
266-0001 of the Budget Act of
2006
(Chs. 47 and 48, Stats.
2006).
(36) $656,500 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for the
certificated staff mentoring
program in Item 6110-267-0001
of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(37) $4,100,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to school
districts, charter schools,
and county offices of
education for equipment,
supplies, and professional
development related to the
establishment and operation of
a three-year instructional
school garden program pursuant
to Article 8.5 (commencing
with Section 51795) of Chapter
5 of Part 28 of Division 4 of
Title 2 of the Education Code
in Schedule (19) Item 6110-495
of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(38) $300,000 or whatever the
greater or lesser amount
reflects the unexpended
balance from the amount
appropriated for the
Alternative Certification
Program in Schedule (1) of
Item 6360-101-0001 of the
Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(39) $500,000 or whatever the
greater or lesser amount
reflects the unexpended
balance from the amount
appropriated for the
California School
Paraprofessional Teacher
Training program in Schedule
(2) of Item 6360-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(40) $2,672,480 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount made
available pursuant to
Provision 11.5 from the amount
appropriated to the California
Community Colleges in Schedule
(3) of Item 6870-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(41) $27,970 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to the California
Community Colleges in Schedule
(4) of Item 6870-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(42) $3,193,048 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to the California
Community Colleges in Schedule
(6) of Item 6870-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(43) $448,883 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to the California
Community Colleges in Schedule
(8) of Item 6870-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(44) $954,423 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to the California
Community Colleges in Schedule
(18) of Item 6870-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(45) $500,154 or whatever the
greater or lesser amount
reflects the unexpended
balance from the amount
appropriated to the
California Community Colleges
for career technical education
in Schedule (20) of Item 6870-
101-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats.
2006).
(46) $10,175 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to the California
Community Colleges in Schedule
(23) of Item 6870-101-0001 of
the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).
(47) $104,054 from the amount
appropriated to California
Community Colleges in Schedule
(2) of Item 6870-486 of
Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172,
Stats. 2007).
(48) $2,000,000 from the amount
appropriated to California
Community Colleges in Schedule
(3) of Item 6870-486 of
Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172,
Stats. 2007).
(49) $1,834,537 or whatever greater
or lesser amount reflects the
unexpended balance from
paragraph (2) of subdivision
(a) of Section 23 of Chapter
900 of the Statutes of 2004.
(50) $22,777,000 or whatever the
greater or lesser amount
reflects the unexpended
balance from subparagraph (A)
of paragraph (1) of
subdivision (a) of Section
36 of Chapter 216 of the
Statutes of 2004 as amended by
subparagraph (F) of paragraph
(1) of subdivision (a) of
Section 36 of Chapter 900 of
Statutes of 2004.
(51) $7,285,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated to school
districts and charter schools
for purposes of parental
involvement activities
pursuant to Article 2
(commencing with Section
51120) of Chapter 1.5 of Part
28 of Division 4 of Title 2 of
the Education Code in Schedule
(9) of Section 43 of Chapter
79 of the Statutes of 2006.
(52) $3,400,000 or whatever the
greater or lesser amount
reflects the unexpended
balance of the amount
appropriated for teacher
recruitment and retention in
Schedule (20) of Section 43 of
Chapter 79 of the Statutes of
2006.
(53) $25,000,000 from the amount
appropriated to the Child Care
Facilities Revolving Fund
established pursuant to 8278.3
of the Education Code from
Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172,
Stats. 2007).
Provision:
1. The sum of $295,405,025 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocation by the
Superintendent of Public Instruction
for the unscheduled Targeted
Instructional Improvement Block Grant
pursuant to Article 6 (commencing with
Section 41540) of Chapter 3.2 of Part
24 of Division 3 of Title 2 of the
Education Code. The amount
reappropriated pursuant to this section
is for the use and support of the State
of California for the 2007-08 fiscal
year beginning July 1, 2007, and ending
June 30, 2008.
SEC. 6. Section 9.00 of the Budget Act of 2007 is
repealed.
Sec. 9.00. Notwithstanding any other provision of law, the
Director of Finance may reduce the appropriation in Schedule (14) of
Item 6110-485 in order to ensure adequate funds in the Proposition 98
Reversion Account in the event the transfer from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
described in Schedule (13) of Item 6110-485 is required.
If the Director of Finance reduces the amount in Schedule (14) of
Item 6110-485 to ensure adequate funding in the School Facilities
Emergency Repair Account, the director shall adjust Item
6110-111-0046 upward by an equal amount to ensure that funding for
the Home-to-School transportation program is consistent with the
total amount appropriated for the program by this act.
SEC. 7. Notwithstanding any other law, three
million seven hundred eighty-five thousand dollars ($3,785,000) is
reduced from the amount appropriated to the High Priority Schools
Grant Program in Schedule (2) of Item 6110-123-0001 of Section 2.00
of the Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 8. Notwithstanding any other law, twenty-five
million dollars ($25,000,000) is reduced from the amount
appropriated to the State Department of Education for economic impact
aid in Item 6110-128-0001 of Section 2.00 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
SEC. 9. Notwithstanding any other law, six million
two hundred fifty thousand dollars ($6,250,000) is reduced from the
amount appropriated to the State Department of Education for the
Mathematics and Reading and Professional Development program in
Schedule (3) of Item 6110-137-0001 of Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 10. Notwithstanding any other law, two
million dollars ($2,000,000) is reduced from the amount appropriated
to the State Department of Education for the National Board
Certification program in Item 6110-195-0001 of Section 2.00 of the
Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 11. Notwithstanding any other law, twenty
million dollars ($20,000,000) is reduced from the amount appropriated
to the State Department of Education for preschool education in
Schedule (1) of Item 6110-196-0001 of Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 12. Notwithstanding any other law, twenty
million two hundred fifty thousand dollars ($20,250,000) is reduced
from the amount appropriated to the State Department of Education for
general child care services in Schedule (1.5) (a) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
SEC. 13. Notwithstanding any other law, two
million dollars ($2,000,000) is reduced from the amount appropriated
to the State Department of Education for the Cal-SAFE Program in
Schedule (3) of Item 6110-198-0001 of Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 14. Notwithstanding any other law, five
million dollars ($5,000,000) is reduced from the amount appropriated
to the State Department of Education for class size reduction in
grade 9 in Item 6110-232-0001 of Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats. 2007).
SEC. 15. Notwithstanding any other law, thirty-two
million dollars ($32,000,000) is reduced from the amount
appropriated to the State Department of Education for class size
reduction in kindergarten and grades 1 to 3, inclusive, of Item
6110-234-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
SEC. 16. Notwithstanding any other law, one
million dollars ($1,000,000) is reduced from the amount appropriated
to the State Department of Education for the pupil retention block
grant program in Item 6110-243-0001 of Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 17. Notwithstanding any other law, eighteen
million fifty thousand dollars ($18,050,000) is reduced from the
amount appropriated to the State Department of Education for school
safety consolidated competitive block grants in Item 6110-248-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
SEC. 18. Notwithstanding any other law, forty-one
million eight hundred twelve thousand dollars ($41,812,000) is
reduced from the amount appropriated to the State Department of
Education for physical education teacher incentive grants in Item
6110-260-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
SEC. 19. Notwithstanding any other law, three
million dollars ($3,000,000) is reduced from the amount appropriated
to the Commission on Teacher Credentialing for the alternative
certification program in Schedule (1) of Item 6360-101-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
SEC. 20. Notwithstanding any other law, one
million eight hundred thousand dollars ($1,800,000) is reduced from
the amount appropriated to the Commission on Teacher Credentialing
for the paraprofessional teacher training program in Schedule (2) of
Item 6360-101-0001 of Section 2.00 of the Budget Act of 2007 (Chs.
171 and 172, Stats. 2007).
SEC. 21. Notwithstanding any other law, one
million one hundred fifty-eight thousand nine hundred forty-six
dollars ($1,158,946) is reduced from the amount made available in
Provision 10 from the amount appropriated to the California Community
Colleges for pupils who have failed the California High School Exit
Exam in Schedule (3) of Item 6870-101-0001 of Section 2.00 of the
Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 22. Notwithstanding any other law, twelve
thousand one hundred sixty-three dollars ($12,163) is reduced from
the amount appropriated to the California Community Colleges for
foster care education programs in Schedule (7) of Item 6870-101-0001
of Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
SEC. 23. Notwithstanding any other law, six
million one hundred thousand dollars ($6,100,000) is reduced from the
amount appropriated to the California Community Colleges for
economic development in Schedule (15) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
SEC. 24. Notwithstanding any other law, ten
million dollars ($10,000,000) is reduced from the amount appropriated
to the California Community Colleges for career technical education
in Schedule (20) of Item 6870-101-0001 of Section 2.00 of the Budget
Act of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 25. Notwithstanding any other law, one
million one hundred forty-two thousand eight hundred eighty-five
dollars ($1,142,885) is reduced from the amount appropriated to the
California Community Colleges in subdivision (b) of Provision (27) of
Item 6870-101-0001 of Schedule 23 of Section 2.00 of the Budget Act
of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 26. Notwithstanding any other law, eleven
million dollars ($11,000,000) is reduced from the amount appropriated
to the State Department of Education for home-to-school
transportation in Section 37 of Chapter 79 of the Statutes of 2006,
as amended by Section 31 of Chapter 174 of the Statutes of 2007.
SEC. 27. This act addresses the fiscal emergency
declared by the Governor by proclamation on January 10, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.
SEC. 28. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to preserve the solvency of the General Fund in the
2007-08 fiscal year, by reducing appropriations made for purposes of
public education and reappropriating other available funds, it is
necessary that this act take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2007.