BILL NUMBER: AB 1893 CHAPTERED 06/13/08 CHAPTER 30 FILED WITH SECRETARY OF STATE JUNE 13, 2008 APPROVED BY GOVERNOR JUNE 13, 2008 PASSED THE SENATE MAY 29, 2008 PASSED THE ASSEMBLY APRIL 21, 2008 AMENDED IN ASSEMBLY MARCH 28, 2008 INTRODUCED BY Assembly Member Garrick (Principal coauthor: Assembly Member Saldana) (Principal coauthor: Senator Ducheny) (Coauthors: Assembly Members Adams, Anderson, Horton, Huff, Plescia, and Smyth) (Coauthor: Senator Wyland) FEBRUARY 7, 2008 An act to amend Section 52086 of, and to add and repeal Section 52124.1 of, the Education Code, relating to education, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1893, Garrick. Class size reduction. (1) Existing law allows a school district that maintains kindergarten or grades 1 to 3, inclusive, to apply to the Superintendent of Public Instruction for an apportionment to implement a K-3 Class Size Reduction Program. The purpose of the program is to ensure that instruction is received in classrooms where there are not more than 20 pupils. The Controller is required to deduct an amount equal to the amount received by the school district for class size reduction from the district's next principal apportionment or apportionments of state funds if the district does not implement its class size reduction program for all grades and classes for which it received funding. School districts located in specified counties affected by the October 2003 fires may claim funding for the 2003-04 school year based on enrollment counts before the fires, as specified. This bill would allow school districts located in the County of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, or Ventura to claim funding for a K-3 Class Size Reduction Program for the 2007-08 school year based upon enrollment counts before the October 2007 fires if specified criteria are met. School districts in these counties also would be allowed to claim funding for a class size reduction program if the class size exceeds 20 pupils, or the class is housed with another class, and specified criteria are met. These provisions would remain in effect until July 1, 2009, and would be repealed on January 1, 2010. (2) Existing law, the Morgan-Hart Class Size Reduction Act of 1989, allows a school district that maintains grade 9, to apply to the Superintendent of Public Instruction for an apportionment to implement a Program to Reduce Class Size in Two Courses in Grade 9. Existing law requires the Superintendent to make an apportionment to each applicant district if the district certifies an average class size of 20 pupils and no more than 22 pupils in each participating class at each participating school. This bill would allow school districts located in the County of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, or Ventura to claim funding for a Program to Reduce Class Size in Two Courses in Grade 9 for the 2007-08 school year based upon enrollment counts before the October 2007 fires if specified criteria are met. (3) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 52086 of the Education Code is amended to read: 52086. (a) The Superintendent shall apportion to each applicant district an amount equal to one hundred sixty-five dollars ($165) per unit of full-year equivalent enrollment reported pursuant to subdivision (d) of Section 52084 if the district certifies an average class size of 20 pupils and no more than 22 pupils in each participating class at each participating school, adjusted annually commencing with the 2000-01 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1. (b) Funds apportioned pursuant to this section shall not become part of a district's revenue limit, and shall be identified as a separate item of expenditure on any financial reports filed by school districts with the state pursuant to statute or regulation. (c) Notwithstanding any other provision of this chapter, a school district located in the County of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, or Ventura may claim funding pursuant to this chapter for the 2007-08 school year based upon enrollment counts before the October 2007 fires, for classes in which the Program to Reduce Class Size in Two Courses in Grade 9 is implemented if the following criteria are met: (1) The school district submits a "Request for Allowance of Attendance because of Emergency Conditions" to the Superintendent pursuant to Section 46392 and the emergency conditions were caused by the October 2007 fires. (2) The school district certifies that it suffered a loss of enrollment in classes in which the Program to Reduce Class Size in Two Courses in Grade 9 is implemented and this loss of enrollment is due to the October 2007 fires and would result in a decrease in funding that the district receives pursuant to this chapter. SEC. 2. Section 52124.1 is added to the Education Code, to read: 52124.1. (a) Notwithstanding any other provision of this chapter, a school district located in the County of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, or Ventura may claim funding pursuant to this chapter for the 2007-08 school year based on enrollment counts before the October 2007 fires, in classes for which the K-3 Class Size Reduction Program is implemented, if the following criteria are met: (1) The school district submits to the Superintendent a "Request for Allowance of Attendance because of Emergency Conditions" pursuant to Section 46392 and the emergency conditions were caused by the October 2007 fires. (2) The school district certifies that it suffered a loss of enrollment in classes in which the K-3 Class Size Reduction Program is implemented and this loss of enrollment is due to the October 2007 fires and would result in a decrease in funding that the district receives pursuant to this chapter. (b) Notwithstanding any other provision of this chapter, a school district located in the County of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, or Ventura may claim funding pursuant to this chapter for the 2007-08 school year for a class that either exceeds 20 pupils or is housed with another class, if the following conditions are met: (1) The school district certifies that the number of pupils enrolled in the district increased as a direct result of the October 2007 fires and this growth increased the number of pupils enrolled in classes in which the K-3 Class Size Reduction Program is implemented. (2) The school district certifies that it lacked sufficient classroom space or credentialed teachers to accommodate the enrollment increase attributable to the October 2007 fires. (c) This section shall remain in effect only until July 1, 2009, and as of January 1, 2010, is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 3. The Legislature hereby finds and declares that due to unique circumstances relating to the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. SEC. 4. 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 provide timely essential relief to school districts in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura that may experience a loss of state funding as a result of the fire that occurred in California during October of 2007, it is necessary that this bill take effect immediately.