BILL NUMBER: AB 788	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 26, 2009

   An act to add Section 41321.3 to the Education Code, relating to
education finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 788, as amended, Swanson. Education finance: prohibition of
transfer of funds to a charter  school.   school
located within the territorial jurisdiction of the Oakland Unified
School District. 
   Existing law provides for the allocation of emergency
apportionments to school districts that are subject to specified
conditions that include the appointment by the Superintendent of
Public Instruction of an administrator to exercise the powers and
responsibilities of the governing board of the school district, or
the appointment of a trustee to monitor and review the financial
condition of the district.
   Existing law specifically provides for the assumption by the
Superintendent of Public Instruction of an administrator of all of
the rights, duties, and powers of the governing board of the Oakland
Unified School District and for the appointment of an administrator
to act on behalf of the Superintendent in this regard.
   This bill would prohibit the Superintendent  or his or her
appointed   administrator or trustee  from transferring
or allocating to a charter school  located within the
territorial jurisdiction of the Oakland Unified School District 
any funds appropriated or allocated to  a school district
for which a state administrator or trustee has been appointed under
the provisions referenced above   that school district
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 41321.3 is added to the Education Code, to
read:
   41321.3.  Notwithstanding any other provision of law, the
Superintendent  or his or her appointed administrator or trustee
 is prohibited from transferring or allocating to a charter
school  any funds appropriated or allocated to a school
district for which a state administrator or trustee has been
appointed under this chapter or pursuant to Chapter 14 of the
Statutes of 2003.   located within the territorial
jurisdiction of the Oakland Unified School District any funds
appropriated or allocated to that school district.