BILL NUMBER: SBX3 4 CHAPTERED
BILL TEXT
CHAPTER 12
FILED WITH SECRETARY OF STATE FEBRUARY 20, 2009
APPROVED BY GOVERNOR FEBRUARY 20, 2009
PASSED THE SENATE FEBRUARY 19, 2009
PASSED THE ASSEMBLY FEBRUARY 14, 2009
AMENDED IN ASSEMBLY FEBRUARY 14, 2009
AMENDED IN ASSEMBLY JANUARY 13, 2009
INTRODUCED BY Senator Ducheny
JANUARY 5, 2009
An act to amend Sections 2558.46, 14041.5, 17592.71, 41203.1,
42238, 42238.146, 52124, and 60119 of, to amend, repeal, and add
Section 17584.1 of, to add Sections 14041.6, 17070.766, 17592.74,
41207.3, 42238.49, 42605, 52124.3, and 92612.5 to, and to add and
repeal Sections 1240.3 and 60422.1 of, the Education Code, to amend
Items 6110-196-0001, 6110-234-0001, 6110-488, 6870-101-0001, and
6870-295-0001 of, to add Items 6110-111-0046 and 6110-111-3116 to,
and to repeal Item 6110-111-0001 of, Section 2.00 of, and to add
Section 12.42 to, and to repeal Sections 12.40 and 35.80 of, the
Budget Act of 2008 (Chapters 268 and 269 of the Statutes of 2008),
and to amend Sections 34, 35, and 37 of, and to repeal Section 33 of,
Chapter 757 of the Statutes of 2008, relating to education finance,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, Ducheny. Education finance.
(1) Existing law requires the county superintendent of schools of
each county, among other specified duties, to make annual visits to
each school in his or her county at reasonable intervals to observe
its operation and to learn of its problems. Existing law requires
that the priority objective of those visits be the determination of
whether each school has sufficient textbooks, as defined.
This bill would revise the definition of sufficient textbooks for
the 2008-09 and 2009-10 fiscal years and, during those fiscal years,
would require a county superintendent of schools to use that revised
definition to determine whether a school has sufficient textbooks.
The bill would make these provisions inoperative on July 1, 2010, and
repeal them on January 1, 2011.
(2) Existing law requires a revenue limit to be calculated for
each county superintendent of schools, adjusted for various factors,
and reduced, as specified. Existing law reduces the revenue limit for
each county superintendent of schools for the 2008-09 fiscal year by
a deficit factor of 4.396%.
This bill would instead reduce the revenue limit for each county
superintendent of schools for the 2008-09 fiscal year by a deficit
factor of 7.839%, and for the 2009-10 fiscal year by a deficit factor
of 13.360%.
(3) Existing law specifies that the amount apportioned for revenue
limits for a school year that are be deemed to attributed to the
minimum funding obligation for school districts and community college
districts for the following fiscal year shall be $715,118,000.
This bill would change that amount and set the amount at
$1,101,655,000 for the 2008-09 and each school year thereafter.
(4) 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 in prescribed amounts and in a prescribed
manner.
This bill, commencing with the 2008-09 fiscal year, would require
the warrants for the principal apportionments for the month of
February in the amount of $2,000,000,000 to be drawn in July of the
same calendar year and would require those warrants to be applied
toward the minimum funding requirements for school districts and
community college districts imposed by Section 8 of Article XVI of
the California Constitution for the year in which they are drawn.
(5) The Leroy F. Greene School Facilities Act of 1998 requires the
State Allocation Board to require school districts applying for
funds under that act to deposit, into a specified account for ongoing
and major maintenance of school buildings, an amount equal to or
greater than 3% of the total general fund expenditures of the
applicant school district.
This bill, for the 2008-09 to the 2012-13 fiscal years, inclusive,
would reduce that deposit requirement to an amount equal to or
greater than 1% of the total general fund expenditures of the
applicant school district.
(6) Existing law requires a governing board of a school district
to discuss proposals and plans for expenditure of funds for the
deferred maintenance of school district facilities at a regularly
scheduled public hearing. Existing law requires the governing board
to make a report on the district's spending priorities for the
current fiscal year to the Legislature, with copies to the
Superintendent of Public Instruction, the State Board of Education,
the Department of Finance, and the State Allocation Board, by March 1
of any year that the school district does not set aside prescribed
funds for the deferred maintenance of its facilities.
This bill would make this report requirement inoperative for the
2008-09 to 2012-13 fiscal years, inclusive.
(7) Existing law directs that an amount of moneys be transferred
in the annual Budget Act from the Proposition 98 Reversion Account to
the School Facilities Emergency Repair Account. The amount to be
transferred is required to equal 50% of the unappropriated balance of
the Proposition 98 Reversion Account or $100,000,000, whichever
amount is greater. The moneys transferred are required to be used for
the purpose of addressing emergency facilities needs.
This bill, for the 2009-10 fiscal year, would reduce the amount
required to be transferred pursuant to the requirement above to zero.
The bill would prohibit funds provided to school districts from
the School Facilities Emergency Repair Account for the purpose of
emergency repair grants from being used either to supplant funds
provided to local educational agencies for the deferred maintenance
of school facilities pursuant to specified statutes or for deposit
into a school district deferred maintenance fund for expenditure for
specified purposes.
(8) Existing law requires, for the 1990-91 fiscal year and each
fiscal year thereafter, that moneys to be applied by the state for
the support of school districts, community college districts, and
direct elementary and secondary level instructional services provided
by the state be distributed in accordance with certain calculations
governing the proration of those moneys among the 3 segments of
public education. Existing law makes that provision inapplicable to
the fiscal years between the 1992-93 and 2008-09, inclusive.
This bill would make that provision inapplicable to the 2009-10
fiscal year.
(9) The California Constitution requires the state to apply a
minimum amount of funding for each fiscal year for the support of
school districts and community college districts. The Superintendent
of Public Instruction and the Director of Finance, by January 1,
2006, are required to jointly determine the outstanding balance of
the minimum funding obligation to school districts and community
college districts pursuant to the California Constitution for the
1995-96 to 2003-04 fiscal years, inclusive. Existing law, commencing
with the 2006-07 fiscal year, annually appropriates $150,000,000 from
the General Fund to the Controller for allocation to school
districts and community college districts for the purpose of
discharging in full the outstanding balance of the minimum funding
obligation to school districts and community college districts
pursuant to the California Constitution. Existing law cancels that
annual appropriation for the 2008-09 fiscal year.
This bill, in addition, would provide that, if the Superintendent
and the Director of Finance jointly determine that, for the 2008-09
fiscal year, the state has applied moneys for the support of school
districts and community college districts in an amount that exceeds
the minimum amount required for that fiscal year pursuant to the
California Constitution, the bill would deem $1,100,590,000, as of
June 30 of that fiscal year, as a payment in satisfaction of the
outstanding balance, as defined, of the minimum funding obligation
under that section for the 2002-03 and 2003-04 fiscal years, as
specified.
(10) Existing law requires a revenue limit to be calculated for
each school district and each county superintendent of schools and
requires the amount of the revenue limit to be adjusted for various
factors.
This bill would, for the 2011-12 fiscal year, require the
Superintendent to compute an equalization adjustment for each school
district so that the prior year base revenue limit per unit of
average daily attendance of a school district is not less than the
prior year base revenue limit per unit of average daily attendance
above which fall not more than 10% of the total statewide units of
average daily attendance for the appropriate size and type of school
district.
(11) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county,
and requires the amount of the revenue limit to be adjusted for
various factors. Existing law reduces the revenue limit for each
school district for the 2008-09 fiscal year by a deficit factor of
4.713%.
This bill would instead reduce the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 7.844%,
and for the 2009-10 fiscal year by a deficit factor of 13.094%.
(12) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. That act authorizes local educational agencies to
expend up to 10% of the amount apportioned under specified
categorical education programs for the purposes of any other program
for which the recipient is eligible for funding, as specified.
This bill would instead reduce by a percentage, calculated as
specified, the appropriations made in the Budget Act of 2008 to
school districts and county offices of education in enumerated items
that fund specified categorical education programs. The bill would
authorize school districts, for the 2008-09 to 2012-13 fiscal years,
inclusive, to use the funds received pursuant to any of those budget
items, with specified exceptions, for any educational purpose, to the
extent permitted by federal law. The school districts and county
offices of education would be required, at a regularly scheduled,
open, public hearing, to take testimony from the public, discuss, and
approve or disapprove the proposed use of funding, and to report to
the State Department of Education, in the existing annual
Standardized Accounting System reporting process, the purposes for
which the funds were used and the amounts used for each of those
purposes. The department would be required to collect and provide
this information to the appropriate legislative policy and budget
committees and the Department of Finance by February 28, 2010.
(13) Existing law establishes the Class Size Reduction Program
under which a participating school district or county office of
education reduces class size to 20 pupils per class in kindergarten
and grades 1 to 3, inclusive. If a school district or county office
of education receives funding for a class but fails to reduce the
size of that class to 20 pupils, the school district or county office
of education suffers a reduction in its next principal apportionment
of state funds.
This bill would reduce the amount of this penalty for the 2008-09,
2009-10, 2010-11 and 2011-12 fiscal years, as specified.
(14) The Pupil Textbook and Instructional Materials Incentive
Program Act requires the governing board of a school district to hold
a public hearing and make a determination as to whether each pupil
in each school in the district has sufficient textbooks or
instructional materials in the subjects of mathematics, science,
history-social science, and English/language arts that are aligned to
the adopted content standards and that are consistent with the
content and cycles of the curriculum framework adopted by the State
Board of Education. Existing law subjects school districts that
receive funds from any state source to this and specified
requirements only in a fiscal year in which the Superintendent of
Public Instruction determines that the base revenue limit for each
school district will increase by at least 1% per unit of average
daily attendance from the prior fiscal year.
This bill would delete the condition related to the increase in
revenue limit funding so that school districts would be subject to
the requirements when they receive funds for instructional materials
from any state source.
(15) Existing law establishes the Instructional Materials Funding
Realignment Program that requires the State Department of Education
to apportion funds to school districts and requires the governing
board of a school district to use that funding to ensure that each
pupil is provided with a standards-aligned textbook or basic
instructional materials by the beginning of the first school term
that commences no later than 24 months after those materials were
adopted by the State Board of Education, except as specified.
This bill, until July 1, 2010, would exempt school districts from
that requirement.
(16) Existing law establishes a statewide system of public
postsecondary education that includes, among other segments, the
various campuses of the University of California, which is
administered by the Regents of the University of California.
This bill would state the intent of the Legislature that no new
General Fund augmentation be made available for contributions to the
University of California Retirement Plan.
(17) Existing law appropriates $39,780,000 from the General Fund
to the Board of Governors of the California Community Colleges, in
augmentation of an amount appropriated pursuant to a specified item
in the Budget Act of 2008, to provide a 0.68% cost-of-living
adjustment to apportionments to community college districts for
expenditure during the 2008-09 fiscal year.
This bill would repeal this provision.
(18) Existing law appropriates $388,283,000 from the General Fund
to the State Department of Education for 10 specified programs
according to a specified schedule, and requires the department to
encumber these funds by July 1, 2009. This appropriation reflects the
June 2009 principal apportionment that is deferred to July 2009.
Included in this appropriation is $52,583,000 for home-to-school
transportation.
This bill would eliminate that appropriation for home-to-school
transportation and instead would appropriate $570,000,000 for class
size reduction in kindergarten and grades 1 to 3, inclusive. The bill
would increase the total appropriation from $388,283,000 to
$905,700,000 to reflect the February 2009 principal apportionment and
the 2009 payment for class size reduction in kindergarten and grades
1 to 3, inclusive. The funds appropriated would be applied toward
the minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution for the 2009-10 fiscal year.
(19) The Budget Act of 2008 appropriates $200,000,000 from the
General Fund to the Board of Governors of the California Community
Colleges for expenditure during the 2009-10 fiscal year.
This bill would increase that appropriation to a total of
$540,000,000, and would defer the disbursal of those funds until July
2010. The amount appropriated would represent $115,000,000 of the
January apportionment to community college districts, $115,000,000 of
the February apportionment to those districts, $55,000,000 of the
March apportionment and $55,000,000 of the April apportionment, and
$200,000,000 of the June apportionment of those districts. The funds
appropriated would be applied toward the minimum funding requirements
for school districts and community college districts imposed by
Section 8 of Article XVI of the California constitution for the
2009-10 fiscal year.
(20) Existing law provides no cost-of-living adjustment for
specified education programs for the 2008-09 fiscal year.
This bill would add the categorical block grant for charter
schools to the list of programs not receiving a cost-of-living
adjustment for the 2008-09 fiscal year.
(21) The Budget Act of 2008 makes various appropriations for
purposes of public education.
This bill would reduce or eliminate specified appropriations made
in that Budget Act.
(22) This bill would appropriate $198,446,000 from the Public
Transportation Account in the State Transportation Fund to the State
Department of Education for purposes of home-to-school
transportation, to be allocated as specified.
(23) This bill would appropriate $420,268,000 from the Mass
Transportation Fund to the State Department of Education for purposes
of home-to-school transportation, to be allocated as specified.
(24) The Budget Act of 2008 makes various appropriations for
purposes of child care and development programs.
This bill would reduce specified General Fund appropriations made
in that Budget Act for those purposes. The bill also would
reappropriate the unobligated balances from other specified
appropriations to the State Department of Education for CalWORKs
Stage 2 Child Care services, as specified.
(25) This bill would reappropriate for the 2008-09 fiscal year
prescribed amounts or the unexpended balance of specified
appropriations made in specified prior Budget Acts to the State
Department of Education for allocation to the Class Size Reduction
Program in kindergarten and grades 1 to 3, inclusive.
(26) This bill would appropriate $958,283,000 from the General
Fund to the State Department of Education for 11 specified programs
according to a specified schedule and would require the department to
encumber these funds by July 31, 2010. The bill would provide that,
for purposes of satisfying the minimum annual funding obligation for
school districts required by the California Constitution, the
appropriated funds are General Fund revenues appropriated for school
districts and community college districts for the 2010-11 fiscal
year.
(27) Existing law requires the Board of Governors of the
California Community Colleges to adopt regulations providing for the
payment of apportionments to community college districts on a
schedule to include an advance apportionment on or before July 15 of
each year, and a first and 2nd principal apportionment on or before
February 20 and June 25 of each year, respectively.
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. For the 2008-09 fiscal year only 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 are deferred
to the warrants drawn in September.
This bill would defer $200,000,000 of the July 2009 community
college advance apportionment to October 2009. The bill also would
defer $1,000,000,000 of the July 2009 and $1,500,000,000 of the
August 2009 apportionments for local educational agencies that
maintain kindergarten or any of grades 1 to 12, inclusive, to October
2009.
(28) This bill would appropriate $540,000,000 from the General
Fund to the Board of Governors of the California Community Colleges
for expenditure during the 2010-11 fiscal year according to a
specified item in the Budget Act of 2009. The bill would defer until
July 2011 the disbursal of those funds. The amount appropriated would
represent $115,000,000 of the January apportionment to community
college districts, $115,000,000 of the February apportionment to
those districts, $55,000,000 of the March apportionment and
$55,000,000 of the April apportionment, and $200,000,000 of the June
apportionment to those districts. The bill would provide that, for
purposes of satisfying the minimum annual funding obligation for
community college districts required by the California Constitution,
those funds are General Fund revenues appropriated for community
college districts for the 2010-11 fiscal year.
(29) Existing law requires the Superintendent of Public
Instruction, the Controller, and the Director of Finance to develop
standards and criteria to be reviewed by the State Board of Education
and to be used by local educational agencies in the development of
annual budgets and the management of subsequent expenditures from
those budgets.
This bill, for the 2008-09 fiscal year only, would authorize the
governing board of a school district or county office of education to
use up to 100% of the balances, as of June 30, 2008, of restricted
accounts in its general fund or cafeteria fund, excluding restricted
reserves committed for capital outlay, bond funds, sinking funds,
federal funds, and balances in designated programs.
(30) This bill would require the Superintendent of Public
Instruction to reduce the principal apportionment for school
districts and county offices of education for the 2008-09 fiscal
year, as necessary, if, during that fiscal year, the Controller has
disbursed funds from the appropriations reduced by the bill in
amounts greater than the amounts remaining in those appropriations
following the reductions and the Superintendent determines there is
no other way to recover the funds that have been disbursed during the
2008-09 fiscal year.
(31) This bill would set the cost-of-living adjustment for
community day schools, for specified items in the Budget Act of 2009,
and for specified items in the Budget Act of 2008 for the 2009-10
fiscal year at 0% notwithstanding the cost-of-living adjustment
specified in existing statutes.
(32) This bill would require funds appropriated pursuant to
specified items in the Budget Act of 2009 to be encumbered by July
31, 2010.
(33) 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 calling a special session for this
purpose, on December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
(34) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1240.3 is added to the Education Code, to read:
1240.3. (a) For the purposes of Section 1240, for the 2008-09 and
2009-10 fiscal years, sufficient textbooks or instructional
materials include standards-aligned textbooks or instructional
materials, or both, that were adopted prior to July 1, 2008, by the
state board or local educational agency pursuant to statute, unless
those local educational agencies purchased or arranged to purchase
textbooks or instructional materials adopted by the state board after
that date. It is the intent of the Legislature that each local
educational agency provide each pupil with the same state-adopted,
standards-aligned textbook or instructional material as is provided
to every other pupil enrolled in the same grade and same course
offered by the local educational agency.
(b) Notwithstanding Section 1240 or any other law, for the 2008-09
and 2009-10 fiscal years, a county superintendent of schools, in
making visits to schools as specified in Section 1240, shall
determine the status of sufficient textbooks as defined in
subdivision (a).
(c) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 2558.46 of the Education Code is amended to read:
2558.46. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced by a 1.195 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced further by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced further by a 0.898 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 7.839 percent deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 13.360 percent deficit factor.
(b) In computing the revenue limit for each county superintendent
of schools for the 2006-07 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2003-04,
2004-05, and 2005-06 fiscal years without being reduced by the
deficit factors specified in subdivision (a).
(c) In computing the revenue limit for each county superintendent
of schools for the 2010-11 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2009-10
fiscal year without being reduced by the deficit factors specified in
subdivision (a).
SEC. 3. Section 14041.5 of the Education Code is amended to read:
14041.5. (a) Notwithstanding subdivision (a) of Section 14041,
commencing with the 2002-03 fiscal year, warrants for the principal
apportionments for the month of June instead shall be drawn in July
of the same calendar year pursuant to the certification made pursuant
to Section 41335.
(b) Except as provided in subdivisions (c) and (d), for purposes
of making the computations required by Section 8 of Article XVI of
the California Constitution, the warrants drawn pursuant to
subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 for the fiscal year in which the warrants are drawn and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
(c) For the 2003-04 school year, the amount of apportionments for
revenue limits computed pursuant to Section 42238 from any of the
apportionments made pursuant to Section 14041 that are deemed
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 for the following fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the 2004-05 fiscal year shall be seven
hundred twenty-six million two hundred seventy thousand dollars
($726,270,000). Any amount in excess of seven hundred twenty-six
million two hundred seventy thousand dollars ($726,270,000) that is
apportioned in July of 2004 is deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the 2003-04 fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the 2003-04 fiscal year.
(d) For the 2004-05 school year to the 2007-08 school year,
inclusive, the amount of apportionments for revenue limits computed
pursuant to Section 42238 from any of the apportionments made
pursuant to Section 14041 that are deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the following fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the following fiscal year shall be seven hundred fifteen million
one hundred eighteen thousand dollars ($715,118,000). Any amount in
excess of seven hundred fifteen million one hundred eighteen thousand
dollars ($715,118,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.
(e) For the 2008-09 school year, and each school year thereafter,
the amount of apportionments for revenue limits computed pursuant to
Section 42238 from any of the apportionments made pursuant to Section
14041 that are deemed "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 for the
following fiscal year and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B" as defined
in subdivision (e) of Section 41202, for the following fiscal year
shall be one billion one hundred one million six hundred fifty-five
thousand dollars ($1,101,655,000). Any amount in excess of one
billion one hundred one million six hundred fifty-five thousand
dollars ($1,101,655,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.
SEC. 4. Section 14041.6 is added to the Education Code, to read:
14041.6. (a) Notwithstanding subdivision (a) of Section 14041, or
any other law, commencing with the 2008-09 fiscal year, warrants for
the principal apportionments for the month of February in the amount
of two billion dollars ($2,000,000,000) instead shall be drawn in
July of the same calendar year pursuant to the certification made
pursuant to Section 41339.
(b) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in subdivision
(c) of Section 41202, for the fiscal year in which the warrants are
drawn and included within the "total allocations to school districts
and community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
SEC. 5. Section 17070.766 is added to the Education Code, to read:
17070.766. Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, the board shall require a school district to
deposit into the account established pursuant to paragraph (1) of
subdivision (b) of Section 17070.75 only an amount equal to 1 percent
of the total expenditures by a district from its general fund in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years
respectively. A school district may elect to deposit into the account
an amount that is greater than the amount required by the board
pursuant to this section.
SEC. 6. Section 17584.1 of the Education Code is amended to read:
17584.1. (a) The governing board of a school district shall
discuss proposals and plans for expenditure of funds for the deferred
maintenance of school district facilities at a regularly scheduled
public hearing.
(b) The purposes of this section are to inform the public
regarding the local decisionmaking process relating to the deferred
maintenance of school facilities and to provide a foundation for
local accountability in that regard.
(c) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 17584.1 is added to the Education Code, to read:
17584.1. (a) The governing board of a school district shall
discuss proposals and plans for expenditure of funds for the deferred
maintenance of school district facilities at a regularly scheduled
public hearing.
(b) In any fiscal year that the school district does not set aside
0.5 percent of its current-year revenue limit average daily
attendance for deferred maintenance, the governing board of a school
district shall submit a report to the Legislature by March 1 of that
year, with copies to the Superintendent, the state board, the
Department of Finance, and the State Allocation Board.
(c) The report required pursuant to subdivision (b) shall include
all of the following:
(1) A schedule of the complete school facilities deferred
maintenance needs of the school district for the current fiscal year,
including a schedule of costs per schoolsite and total costs.
(2) A detailed description of the school district's spending
priorities for the current fiscal year and an explanation of why
those priorities, or any other considerations, have prevented the
school district from setting aside sufficient local funds so as to
permit it to fully fund its deferred maintenance program and, if
eligible, to participate in the state deferred maintenance funding
program as set forth in Section 17584.
(3) An explanation of the manner in which the governing board of a
school district plans to meet its current-year facilities deferred
maintenance needs without setting aside the funds set forth in
Section 17584.
(d) Copies of the report shall be made available at each
schoolsite within the school district, and shall be provided to the
public upon request.
(e) The purposes of this section are to inform the public
regarding the local decisionmaking process relating to the deferred
maintenance of school facilities and to provide a foundation for
local accountability in that regard.
(f) This section shall become operative on July 1, 2013.
SEC. 8. Section 17592.71 of the Education Code is amended to read:
17592.71. (a) There is hereby established in the State Treasury
the School Facilities Emergency Repair Account. The State Allocation
Board shall administer the account.
(b) (1) Commencing with the 2005-06 fiscal year, an amount of
moneys shall be transferred in the annual Budget Act from the
Proposition 98 Reversion Account to the School Facilities Emergency
Repair Account, equaling 50 percent of the unappropriated balance of
the Proposition 98 Reversion Account or one hundred million dollars
($100,000,000), whichever amount is greater. Moneys transferred
pursuant to this subdivision shall be used for the purpose of
addressing emergency facilities needs pursuant to Section 17592.72.
(2) Notwithstanding paragraph (1), for the 2008-09 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall not exceed one hundred one million
dollars ($101,000,000).
(3) Notwithstanding paragraph (1), for the 2009-10 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall be zero.
(c) The Legislature may transfer to the School Facilities
Emergency Repair Account other one-time Proposition 98 funds, except
funds specified pursuant to Section 41207. Donations by private
entities shall be deposited in the account and, for tax purposes, be
treated as otherwise provided by law.
(d) Funds shall be transferred pursuant to this section until a
total of eight hundred million dollars ($800,000,000) has been
disbursed from the School Facilities Emergency Repair Account.
SEC. 9. Section 17592.74 is added to the Education Code, to read:
17592.74. Notwithstanding any other law, the funds provided to
school districts from the School Facilities Emergency Repair Account
pursuant to this article for the purpose of emergency repair grants
shall not be used to do either of the following:
(a) Supplant funds provided to local educational agencies for the
deferred maintenance of school facilities pursuant to Sections 17584
and 17587.
(b) Be deposited into a school district deferred maintenance fund
for the purposes established pursuant to Section 17582.
SEC. 10. Section 41203.1 of the Education Code is amended to read:
41203.1. (a) For the 1990-91 fiscal year and each fiscal year
thereafter, allocations calculated pursuant to Section 41203 shall be
distributed in accordance with calculations provided in this
section. Notwithstanding Section 41203, and for the purposes of this
section, school districts, community college districts, and direct
elementary and secondary level instructional services provided by the
State of California shall be regarded as separate segments of public
education, and each of these three segments of public education
shall be entitled to receive respective shares of the amount
calculated pursuant to Section 41203 as though the calculation made
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution were to be applied separately to each segment
and the base year for the purposes of this calculation under
paragraph (1) of subdivision (b) of Section 8 of Article XVI of the
California Constitution were based on the 1989-90 fiscal year.
Calculations made pursuant to this subdivision shall be made so that
each segment of public education is entitled to the greater of the
amounts calculated for that segment pursuant to paragraph (1) or (2)
of subdivision (b) of Section 8 of Article XVI of the California
Constitution.
(b) If the single calculation made pursuant to Section 41203
yields a guaranteed amount of funding that is less than the sum of
the amounts calculated pursuant to subdivision (a), the amount
calculated pursuant to Section 41203 shall be prorated for the three
segments of public education.
(c) Notwithstanding any other law, this section does not apply to
the 1992-93 to 2009-10 fiscal years, inclusive.
SEC. 11. Section 41207.3 is added to the Education Code, to read:
41207.3. (a) If the Superintendent and the Director of Finance
jointly determine that, for the 2008-09 fiscal year, the state has
applied moneys for the support of school districts and community
college districts in an amount that exceeds the minimum amount
required for that fiscal year pursuant to Section 8 of Article XVI of
the California Constitution, the excess, up to one billion one
hundred million five hundred ninety thousand dollars
($1,100,590,000), shall be deemed, as of June 30 of that fiscal year,
a payment in satisfaction of the outstanding balance of the minimum
funding obligation under that section for the 2002-03 and 2003-04
fiscal years in accordance with the following:
(1) The first four hundred eighty-three million sixteen thousand
dollars ($483,016,000) in payment of the outstanding balance of the
minimum funding obligation for the 2002-03 fiscal year.
(2) The next six hundred seventeen million five hundred
seventy-four thousand dollars ($617,574,000) in payment of the
outstanding balance of the minimum funding obligation for the 2003-04
fiscal year.
(b) For purposes of this section, the outstanding balance of the
minimum funding obligation to school districts and community college
districts pursuant to Section 8 of Article XVI of the California
Constitution for a fiscal year is the amount, if any, by which the
amount required to be applied by the state for the support of school
districts and community college districts pursuant to Section 8 of
Article XVI of the California Constitution, including any maintenance
factor that should have been allocated in that fiscal year pursuant
to subdivision (e) of Section 8 of Article XVI, exceeds the amount
applied by the state for the support of school districts and
community college districts for that fiscal year.
(c) The amounts allocated pursuant to this section shall be
deemed, for purposes of Section 8 of Article XVI of the California
Constitution, to be appropriations made and allocated in the fiscal
year in which the deficiencies resulting in the outstanding balance
were incurred. When the amount determined to be owed for each such
fiscal year is fully allocated pursuant to this subdivision, the data
used in the computations made under this section with regard to the
total amount owed by the state for the support of school districts
and community college districts pursuant to Section 8 of Article XVI
of the California Constitution for that fiscal year, including as
much of the maintenance factor for that fiscal year determined
pursuant to subdivision (d) of Section 8 of Article XVI as has been
allocated as required by subdivision (e) of Section 8 of Article XVI
by virtue of the allocations made under this section, shall be deemed
certified for purposes of Section 41206.
(d) The amount described in subdivision (a) shall be deemed a
payment in full satisfaction of the amounts owed pursuant to Section
41207.
SEC. 12. Section 42238 of the Education Code is amended to read:
42238. (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for a fiscal year shall be determined
by adding to the base revenue limit for the prior fiscal year the
following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount received per unit of
average daily attendance in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(6) For the 2004-05 fiscal year, the equalization adjustment
specified in Section 42238.44.
(7) For the 2006-07 fiscal year, the equalization adjustment
specified in Section 42238.48.
(8) For the 2011-12 fiscal year, the equalization adjustment
specified in Section 42238.49.
(c) Except for districts subject to subdivision (d), the base
revenue limit computed pursuant to subdivision (b) shall be
multiplied by the district average daily attendance computed pursuant
to Section 42238.5.
(d) (1) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is greater
for the current fiscal year than for the 1982-83 fiscal year, compute
the following amount, in lieu of the amount computed pursuant to
subdivision (c):
(A) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed pursuant to
Section 42238.5 for the 1982-83 fiscal year.
(B) Multiply the lesser of the amount in subdivision (c) or 1.05
times the statewide average base revenue limit per unit of average
daily attendance for districts of similar type for the current fiscal
year by the difference between the average daily attendance computed
pursuant to Section 42238.5 for the current and 1982-83 fiscal
years.
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (2) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(f) For the 1984-85 fiscal year only, the county superintendent
shall reduce the total revenue limit computed in this section by the
amount of the decreased employer contributions to the Public
Employees' Retirement System resulting from enactment of Chapter 330
of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
(g) The reduction required by subdivision (f) shall be calculated
as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately prior to the enactment of Chapter 330 of the Statutes of
1982 was in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 was in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for either of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by any single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent with the approval of the Director
of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent.
(h) The Superintendent shall apportion to each school district the
amount determined in this section less the sum of:
(1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of the Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), except for any amount received
pursuant to Section 33401 or 33676 of the Health and Safety Code that
is used for land acquisition, facility construction, reconstruction,
or remodeling, or deferred maintenance, except for any amount
received pursuant to Section 33492.15, paragraph (4) of subdivision
(a) of Section 33607.5, or Section 33607.7 of the Health and Safety
Code that is allocated exclusively for educational facilities.
(7) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the department pursuant to Section 47633, multiplied by the
average daily attendance, in corresponding grade level ranges, of any
pupils who attend charter schools funded pursuant to Chapter 6
(commencing with Section 47630) of Part 26.8 for which the district
is the sponsoring local educational agency, as defined in Section
47632, and who reside in and would otherwise have been eligible to
attend a noncharter school of the district.
(i) A transfer of seventh and eighth grade pupils
between an elementary school district and a high school district
shall not result in the receiving district receiving a revenue limit
apportionment for those pupils that exceeds 105 percent of the
statewide average revenue limit for the type and size of the
receiving school district.
SEC. 13. Section 42238.49 is added to the Education Code, to
immediately follow Section 42238.48, to read:
42238.49. (a) (1) For the 2011-12 fiscal year, the Superintendent
shall compute an equalization adjustment for each school district,
so that the 2010-11 base revenue limit per unit of average daily
attendance of a school district is not less than the 2010-11 base
revenue limit per unit of average daily attendance above which fall
not more than 10 percent of the total statewide units of average
daily attendance for each category of school district set forth in
subdivision (b).
(2) For purposes of this section, the base revenue limit shall not
include any amounts attributable to Section 45023.4, 46200, or
46201.
(b) Subdivision (a) shall apply to the following school districts,
which shall be grouped according to size and type as follows:
District ADA
Elementary ..................... less than 101
Elementary ..................... more than 100
High School .................... less than 301
High School .................... more than
300
Unified ........................ less than 1,501
Unified ........................ more than 1,500
(c) The Superintendent shall compute a revenue limit equalization
adjustment for each school district's base revenue limit per unit of
average daily attendance as follows:
(1) Multiply the amount computed for each school district pursuant
to subdivision (a) by the average daily attendance used to calculate
the revenue limit for the 2011-12 fiscal year of a school district.
(2) Divide the amount appropriated from the Supplemental Education
Payment Account for purposes of this section for the 2011-12 fiscal
year by the statewide sum of the amounts computed pursuant to
paragraph (1).
(3) Multiply the amount computed for the school district pursuant
to paragraph (1) of subdivision (a) by the amount computed pursuant
to paragraph (2).
(d) (1) For the purposes of this section, the 2010-11 statewide
90th percentile base revenue limit determined pursuant to paragraph
(1) of subdivision (a), and the fraction computed pursuant to
paragraph (2) of subdivision (c) for the 2010-11 second principal
apportionment, shall be final, and shall not be recalculated at
subsequent apportionments. The fraction computed pursuant to
paragraph (2) of subdivision (c) shall not exceed 1.00. For purposes
of determining the size of a school district pursuant to subdivision
(b), county superintendents of schools, in conjunction with the
Superintendent, shall use school district revenue limit average daily
attendance for the 2010-11 fiscal year as determined pursuant to
Section 42238.5 and Article 4 (commencing with Section 42280).
(2) For the purposes of calculating the size of a school district
pursuant to subdivision (b), the Superintendent shall include units
of average daily attendance of any charter school for which the
school district is the sponsoring local educational agency.
(3) For the purposes of computing the target amounts pursuant to
subdivision (a), the Superintendent shall count all charter school
average daily attendance toward the average daily attendance of the
school district that is the sponsoring local educational agency.
SEC. 14. Section 42238.146 of the Education Code is amended to
read:
42238.146. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each school district determined pursuant to this article shall
be reduced by a 1.198 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each school district determined pursuant to this article shall be
further reduced by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.892 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
7.844 percent deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
13.094 percent deficit factor.
(b) In computing the revenue limit for each school district for
the 2006-07 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2003-04, 2004-05, and 2005-06 fiscal
years without being reduced by the deficit factors specified in
subdivision (a).
(c) In computing the revenue limit for each school district for
the 2010-11 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2009-10 fiscal year without being reduced
by the deficit factors specified in subdivision (a).
SEC. 15. Section 42605 is added to the Education Code, to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, school districts, charter
schools, and county offices of education may use funding received,
pursuant to subdivision (b), from any of these items listed in
paragraph (2) that are contained in an annual Budget Act, for any
educational purpose:
(2) 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001,
6110-123-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001.
(b) For the 2009-10 fiscal year to the 2012-13 fiscal year,
inclusive, the Superintendent shall apportion from the amounts
provided in the annual Budget Act for the items enumerated in
paragraph (2) of subdivision (a), an amount to a school district,
charter school, and county office of education based on the same
relative proportion that the local education agency received in the
2008-09 fiscal year for the programs funded through the items
enumerated in paragraph (2) of subdivision (a). A school district
that receives funding on behalf of a charter school pursuant to
Sections 47634.1 and 47651 shall continue to distribute the funds to
those charter schools based on the amounts distributed in the 2008-09
fiscal year, and shall adjust those amounts as specified in this
section. The amounts allocated shall be adjusted for any greater or
lesser amount appropriated for the items enumerated in paragraph (2)
of subdivision (a).
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds the governing board of the
school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall take
testimony from the public, discuss, and approve or disapprove the
proposed use of funding.
(d) For the 2008-09 fiscal year to the 2012-13 fiscal year,
inclusive, local education agencies that use the flexibility
provision of the section shall be deemed to be in compliance with the
program and funding requirements contained in statutory, regulatory,
and provisional language, associated with the items enumerated in
subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001, the amount
authorized for flexibility shall exclude the funding provided for
instruction of CalWORKs eligible students pursuant to schedules (2)
and (3), and provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local education
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119, and that all pupils
within the local education agency who are enrolled in the same course
shall have identical textbooks and instructional materials.
(3) For Item 6110-195-0001, the item shall exclude monies that are
required to fund awards for teachers that have previously met the
requirements necessary to obtain these awards, until the award is
paid in full.
(4) As a condition of exercising the authority conferred on local
educational agencies to transfer funds to their general funds
pursuant to subdivision (a), both of the following requirements shall
be met:
(A) The governing board of the school district, or the county
board of education, as appropriate, at a regularly scheduled open
public hearing, shall take testimony from the public, discuss, and
approve each transfer and the proposed use of funding.
(B) In the existing Standardized Account Code Structure (SACS)
reporting process, a local educational agency shall report the
amounts transferred pursuant to this section by using the appropriate
program code for which these funds were expended. The State
Department of Education shall collect and provide this information to
the Department of Finance and to the appropriate policy and budget
committees of the Legislature by February 28, 2010.
(5) For Item 6110-266-0001, a county office of education shall
conduct at least one site visit to each of the required schoolsites
pursuant to Section 1240.
SEC. 16. Section 52124 of the Education Code, as amended by
Section 1 of Chapter 515 of the Statutes of 2008, is amended to read:
52124. (a) A school district that implements a class size
reduction program pursuant to this chapter is subject to this
section.
(b) A school district may establish a program to reduce class size
in kindergarten and grades 1 to 3, inclusive, and that program shall
be implemented at each schoolsite according to the following
priorities:
(1) If only one grade level is reduced at a schoolsite, the grade
level shall be grade 1.
(2) If only two grade levels are reduced at a schoolsite, the
grade levels shall be grades 1 and 2.
(3) If three grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 and 2 or grades 1 to
3, inclusive. Priority shall be given to the reduction of class sizes
in grades 1 and 2 before the class sizes of kindergarten or grade 3
are reduced.
(4) If four grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 to 3, inclusive.
First priority shall be given to the reduction of class sizes in
grades 1 and 2, and second priority shall be given to the reduction
of class size in kindergarten and grade 3. This paragraph shall be
operative only in those fiscal years for which funds are appropriated
expressly for the purposes of this paragraph.
(c) It is the intent of the Legislature to continue to permit the
use of combination classes of more than one grade level to the extent
that school districts are otherwise permitted to use that
instructional strategy. However, a school district that uses a
combination class in a class for which funding is received pursuant
to this chapter shall not claim funding pursuant to this chapter if
the total number of pupils in the combination class, regardless of
grade level, exceeds 20 pupils per certificated teacher assigned to
provide direct instructional services.
(d) The governing board of a school district shall certify to the
Superintendent that it has met the requirements of this section in
implementing its class size reduction program. If a school district
receives funding pursuant to this chapter but has not implemented its
class size reduction program for all grades and classes for which it
received funding pursuant to this chapter, the Superintendent shall
notify the Controller and the school district in writing and the
Controller shall deduct an amount equal to the amount received by the
school district under this chapter for each class that the school
district failed to reduce to a class size of 20 or fewer pupils from
the next principal apportionment or apportionments of state funds to
the district, other than basic aid apportionments required by Section
6 of Article IX of the California Constitution.
(e) Except for a school district participating pursuant to
subdivision (h) of Section 52122, and except as set forth in Section
52124.3, the amount deducted pursuant to subdivision (d) shall be
adjusted as follows:
(1) Twenty percent of the amount to which the district would
otherwise be eligible for each class for which the annual enrollment
determined pursuant to Section 52124.5 is greater than or equal to
20.5 but less than 21.0.
(2) Forty percent of the amount to which the district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.0 but less than 21.5.
(3) Eighty percent of the amount to which the district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 21.9.
(4) The amount deducted pursuant to subdivision (d) for each class
for which the annual average enrollment determined pursuant to
Section 52124.5 is greater than or equal to 21.9 shall be the amount
of funding the district received for the class pursuant to this
chapter.
(f) Notwithstanding any other provision of this chapter, a school
district located in the County of Los Angeles, Riverside, San
Bernardino, San Diego, or Ventura may claim funding pursuant to this
chapter for the 2003-04 school year based on enrollment counts before
the October 2003 fires, in classes for which the 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 2003 fires.
(2) The school district certifies that it suffered a loss of
enrollment in classes in which the class size reduction program is
implemented and this loss of enrollment is due to the October 2003
fires and would result in a decrease in funding that the district
receives pursuant to this chapter.
(g) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed, unless a later enacted statute that
is enacted before January 1, 2015, deletes or extends the dates on
which it becomes inoperative or is repealed.
SEC. 17. Section 52124.3 is added to the Education Code, to read:
52124.3. (a) For the 2008-09, 2009-10, 2010-11, and 2011-12
fiscal years only, the amounts deducted pursuant to subdivision (d)
of Section 52124 shall be as follows:
(1) Five percent of the amount to which the school district would
otherwise be eligible for each class for which the annual enrollment
determined pursuant to Section 52124.5 is greater than or equal to
20.5 but less than 21.5.
(2) Ten percent of the amount to which the school district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 22.5.
(3) Fifteen percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 22.5 but less than 23.0.
(4) Twenty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 23.0 but less than 25.0.
(5) Thirty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 25.0.
(b) A local educational agency is eligible to receive funding
pursuant to this section only if it was participating in the K-3
Class Size Reduction Program as of December 10, 2008. An eligible
local educational agency may only receive funding for the grade level
or levels for which it had applied to receive funding as of December
10, 2008.
SEC. 18. Section 60119 of the Education Code is amended to read:
60119. (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
(1) (A) The governing board shall hold a public hearing or
hearings at which the governing board shall encourage participation
by parents, teachers, members of the community interested in the
affairs of the school district, and bargaining unit leaders, and
shall make a determination, through a resolution, as to whether each
pupil in each school in the district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 in each of the following
subjects, as appropriate, that are consistent with the content and
cycles of the curriculum framework adopted by the state board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English/language arts, including the English language
development component of an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board also shall make a written determination as to whether
each pupil enrolled in a foreign language or health course has
sufficient textbooks or instructional materials that are consistent
with the content and cycles of the curriculum frameworks adopted by
the state board for those subjects. The governing board also shall
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
(2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth, in the resolution, for each school in
which an insufficiency exists, the percentage of pupils who lack
sufficient standards-aligned textbooks or instructional materials in
each subject area and the reasons that each pupil does not have
sufficient textbooks or instructional materials, or both, and take
any action, except an action that would require reimbursement by the
Commission on State Mandates, to ensure that each pupil has
sufficient textbooks or instructional materials, or both, within two
months of the beginning of the school year in which the determination
is made.
(B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
(iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
(b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a). The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places in the school district. The hearing
shall be held at a time that will encourage the attendance of
teachers and parents and guardians of pupils who attend the schools
in the district and shall not take place during or immediately
following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.
SEC. 19. Section 60422.1 is added to the Education Code, to read:
60422.1. (a) Notwithstanding subdivision (i) of Section 60200,
Section 60422, or any other provision of law, for the 2008-09 and
2009-10 fiscal years, the governing board of a school district is not
required to provide pupils with instructional materials by a
specified period of time following adoption of those materials by the
state board.
(b) Notwithstanding subdivision (a), this section does not relieve
school districts of their obligations under the law to provide every
pupil with standards-aligned textbooks or instructional materials,
as provided in Section 60119.
(c) This section does not relieve school districts of the
obligation to hold a public hearing or hearings pursuant to
subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
Section 60119.
(d) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 20. Section 92612.5 is added to the Education Code, to read:
92612.5. It is the intent of the Legislature that no new General
Fund augmentation be made available for contributions to the
University of California Retirement Plan.
SEC. 21. Section 33 of Chapter 757 of the Statutes of 2008 is
repealed.
SEC. 22. Section 34 of Chapter 757 of the Statutes of 2008 is
amended to read:
Sec. 34. (a) The sum of nine hundred five million seven hundred
thousand dollars ($905,700,000) is hereby appropriated from the
General Fund to the State Department of Education. This appropriation
reflects the portions of the February 2009 principal apportionment
and the 2009 payment for the class size reduction, as set forth in
Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4
of the Education Code, for kindergarten and grades 1 to 3,
inclusive, and the June 2009 principal apportionment that are to be
deferred until July 2009 and attributed to the 2009-10 fiscal year.
Notwithstanding any other law, the department shall encumber the
funds appropriated in this section by July 31, 2009. It is the intent
of the Legislature that, by extending the encumbrance authority for
the funds appropriated in this section to July 31, 2009, the funds
will be treated in a manner consistent with Section 1.80 of the
Budget Act of 2008. The appropriation is made in accordance with the
following schedule:
(1) Six million two hundred twenty-seven thousand dollars
($6,227,000) for apprenticeship programs to be expended consistent
with the requirements specified in Item 6110-103-0001 of Section 2.00
of the Budget Act of 2008.
(2) Ninety million one hundred seventeen thousand dollars
($90,117,000) for supplemental instruction to be expended consistent
with the requirements specified in Item 6110-104-0001 of Section 2.00
of the Budget Act of 2008. Of the amount appropriated by this
paragraph, fifty-one million sixty-one thousand dollars ($51,061,000)
shall be expended consistent with Schedule (1) of Item 6110-104-0001
of Section 2.00 of the Budget Act of 2008, twelve million three
hundred thirty thousand dollars ($12,330,000) shall be expended
consistent with Schedule (2) of that item, four million six hundred
ninety thousand dollars ($4,690,000) shall be expended consistent
with Schedule (3) of that item, and twenty-two million thirty-six
thousand dollars ($22,036,000) shall be expended consistent with
Schedule (4) of that item.
(3) Thirty-nine million six hundred thirty thousand dollars
($39,630,000) for regional occupational centers and programs to be
expended consistent with the requirements specified in Schedule (1)
of Item 6110-105-0001 of Section 2.00 of the Budget Act of 2008.
(4) Four million two hundred ninety-four thousand dollars
($4,294,000) for the Gifted and Talented Pupil Program to be expended
consistent with the requirements specified in Item 6110-124-0001 of
Section 2.00 of the Budget Act
of 2008.
(5) Forty-five million eight hundred ninety-six thousand dollars
($45,896,000) for adult education to be expended consistent with the
requirements specified in Schedule (1) of Item 6110-156-0001 of
Section 2.00 of the Budget Act of 2008.
(6) Four million seven hundred fifty-one thousand dollars
($4,751,000) for community day schools to be expended consistent with
the requirements specified in Item 6110-190-0001 of Section 2.00 of
the Budget Act of 2008.
(7) Five million nine hundred forty-seven thousand dollars
($5,947,000) for categorical block grants for charter schools to be
expended consistent with the requirements specified in Item
6110-211-0001 of Section 2.00 of the Budget Act of 2008.
(8) Thirty-eight million seven hundred twenty thousand dollars
($38,720,000) for the School Safety Block Grant to be expended
consistent with the requirements specified in Schedule (1) of Item
6110-228-0001 of Section 2.00 of the Budget Act of 2008.
(9) Five hundred seventy million dollars ($570,000,000) for class
size reduction in kindergarten and grades 1 to 3, inclusive, to be
expended consistent with the requirements specified in Item
6110-234-0001 of Section 2.00 of the Budget Act of 2008.
(10) One hundred million one hundred eighteen thousand dollars
($100,118,000) for the Targeted Instructional Improvement Grant
Program to be expended consistent with the requirements specified in
Item 6110-246-0001 of Section 2.00 of the Budget Act of 2008.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2009-10 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2009-10 fiscal year.
SEC. 23. Section 35 of Chapter 757 of the Statutes of 2008 is
amended to read:
Sec. 35. (a) The sum of five hundred forty million dollars
($540,000,000) is hereby appropriated from the General Fund to the
Board of Governors of the California Community Colleges for
apportionments to community college districts, for expenditure during
the 2009-10 fiscal year, to be expended in accordance with Schedule
(1) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2008.
(b) The disbursal of funds appropriated in subdivision (a) shall
be deferred until July of the 2009-10 fiscal year. This appropriation
and deferment represent one hundred fifteen million dollars
($115,000,000) of the January apportionment to community college
districts, one hundred fifteen million dollars ($115,000,000) of the
February apportionment to community college districts, fifty-five
million dollars ($55,000,000) of the March apportionment to community
college districts and fifty-five million dollars ($55,000,000) of
the April apportionment to community college districts, and two
hundred million dollars ($200,000,000) of the June apportionment to
community college districts.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2009-10 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2009-10 fiscal year.
SEC. 24. Section 37 of Chapter 757 of the Statutes of 2008 is
amended to read:
Sec. 37. (a) Notwithstanding Sections 42238.1 and 42238.15 of the
Education Code or any other provision of law, the cost-of-living
adjustment for Items 6110-104-0001, 6110-105-0001, 6110-119-0001,
6110-122-0001, 6110-124-0001, 6110-128-0001, 6110-150-0001,
6110-156-0001, 6110-158-0001, 6110-161-0001, 6110-167-0001,
6110-181-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-196-0001, 6110-203-0001, 6110-209,0001, 6110-211-0001,
6110-224-0001, 6110-232-0001, 6110-234-0001, 6110-244-0001, and
6110-246-0001 of the Budget Act of 2008 (Chapters 268 and 269 of the
Statutes of 2008) is zero percent for the 2008-09 fiscal year. All
funds appropriated in the Budget Act of 2008 in the items identified
in this section are in lieu of the amounts that would otherwise be
appropriated pursuant to any other provision of law.
(b) Notwithstanding Section 42238.1 of the Education Code or any
other provision of law, for purposes of Section 48664 of the
Education Code the cost-of-living adjustment is zero percent for the
2008-09 fiscal year.
SEC. 25. Item 6110-111-0001 of Section 2.00 of the Budget Act of
2008 is repealed.
SEC. 26. Item 6110-111-0046 is added to Section 2.00 of the Budget
Act of 2008, to read:
6110-111-0046--For local assistance,
Department of Education (from the Public
Transportation Account, State Transportation
Fund) Program 10-Instruction, for transfer
to Section A of the State School Fund, Home
to School Transportation, pursuant to
Article 10 (commencing with Section 41850)
of Chapter 5 of Part 24 of Division 3 of 198,446,0
Title 2 of the Education Code................ 00
Provisions:
1. Notwithstanding any other
provision of law, these funds
shall be used to provide mass
transportation services for
pupils enrolled in school
districts that receive these
funds.
SEC. 27. Item 6110-111-3116 is added to Section 2.00 of the Budget
Act of 2008, to read:
6110-111-3116--For local assistance,
Department of Education (from the Mass
Transportation Fund) Program 10-
Instruction, for transfer to Section A of
the State School Fund, Home to School
Transportation, pursuant to Article 10
(commencing with Section 41850) of
Chapter 5 of Part 24 of Division 3 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 3 of Title 2 of the Education
Code...................................... 420,268,000
Schedule:
(1) 10.10.006-Pupil
Transportation...... 414,182,000
(2) 10.10.008-Small
School District Bus
Replacement......... 6,086,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
2. Notwithstanding any other
provision of law, these funds
shall be used to provide mass
transportation services for
pupils enrolled in school
districts that receive these
funds.
SEC. 28. Item 6110-196-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-196-0001--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 to school districts,
county offices of education, and other
agencies for the purposes of Proposition
98 educational programs funded in this
item, in lieu of the amount that
otherwise would be appropriated pursuant
to any other statute...................... 1,675,043,000
Schedule:
(1) 30.10.010-Special
Program, Child
Development, Preschool 426,327,
Education................. 000
(1.5 30.10.020-Child Care 1,775,31
) Services.................. 0,000
(a) 30.10.020.
001-
Special
Program,
Child
Developmen
t,
General
Child
Developmen
t 773,796,00
Programs.. 0
(c) 30.10.020.
004-
Special
Program,
Child
Developmen
t,
Migrant
Day Care.. 35,966,000
(d) 30.10.020.
007-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment 257,037,00
Program... 0
(e) 30.10.020.
011-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program-- 342,960,00
Stage 2... 0
(f) 30.10.020.
012-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program--
Stage 3 230,204,00
Setaside.. 0
(g) 30.10.020.
008-
Special
Program,
Child
Developmen
t,
Resource
and
Referral.. 19,438,000
(i) 30.10.020.
015-
Special
Program,
Child
Developmen
t,
Extended
Day Care.. 31,553,000
(j) 30.10.020.
096-
Special
Program,
Child
Developmen
t,
Allowance
for
Handicappe
d......... 1,997,000
(k) 30.10.020.
106-
Special
Program,
Child
Developmen
t,
California
Child
Care
Initiative
.......... 250,000
(l) 30.10.020.
901-
Special
Program,
Child
Developmen
t,
Quality
Improvemen
t......... 67,572,000
(m) 30.10.020.
911-
Special
Program,
Child
Developmen
t,
Centralize
d
Eligibilit
y List.... 7,900,000
(n) 30.10.020.
920-
Special
Program,
Child
Developmen
t, Local
Planning
Councils.. 6,637,000
(3) 30.10.020.908-Special
Program, Child
Development, Cost-of-
Living Adjustments........ 0
(4) 30.10.020.909-Special
Program, Child
Development, Growth 10,917,0
Adjustments............... 00
(5) Amount payable from the
Federal Trust Fund (Item -537,511
6110-196-0890)............ ,000
Provisions:
1. Notwithstanding Section 8278 of
the Education Code, funds
available for expenditure pursuant
to that section shall be expended
in the current fiscal year
pursuant to the following schedule:
(a) $4,000,000 or whatever lesser
or greater amount is
necessary for accounts
payable pursuant to paragraph
(1) of subdivision (b) of
Section 8278 of the Education
Code.
(b) $22,963,000 shall be
available for CalWORKs Stage
3 child care.
(c) The Controller shall
establish an account entitled
""Section 8278 Expenditures
in 2007'' in Item 6110-196-
0001, Program 30.10.060. Any
unexpended General Fund
balances as of June 30, 2008,
or subsequent abatements,
from those amounts listed in
Schedules (1), (1.5)(a),
(1.5)(c), (1.5)(d), (1.5)(g),
(1.5)(i), (1.5)(j), (1.5)(k),
(1.5)(l), and (1.5)(n), that
are available pursuant to
Section 8278 of the Education
Code, shall be transferred to
the account for the purpose
of making expenditures
pursuant to that section and
as specified in this
provision.
2. (a) Notwithstanding any other
provision of law, alternative
payment child care programs
shall be subject to the rate
ceilings established in the
Regional Market Rate Survey
of California child care and
development providers for
provider payments. When
approved pursuant to Section
8447 of the Education Code,
any changes to the market
rate limits, adjustment
factors, or regions shall be
utilized by the State
Department of Education and
the State Department of
Social Services in various
programs under the
jurisdiction of either
department.
(b) Notwithstanding any other
provision of law, the funds
appropriated in this item for
the cost of licensed child
care services provided
through alternative payment
or voucher programs,
including those provided
under Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing with
Section 8350) of Chapter 2 of
Part 6 of Division 1 of Title
1 of the Education Code,
shall be used only to
reimburse child care costs up
to the 85th percentile of the
rates charged by providers
offering the same type of
child care for the same age
child in that region
based on the 2005 regional
market rate survey.
Notwithstanding Section 8357
of the Education Code, it is
the intent of the Legislature
to consider new rate limits
based on the 2007 regional
market rate survey data for
the 2009-10 fiscal year.
3. Of the amount appropriated in
Schedule (1), $50,000,000 is
available for Prekindergarten and
Family Literacy preschool programs
pursuant to Chapter 211 of the
Statutes of 2006. Of the amount
appropriated in Schedule (1),
$5,000,000 is available for the
provision of wraparound care to
children enrolled in state
preschool programs. The
Superintendent of Public
Instruction shall assign priority
for these funds to children
enrolled in prekindergarten and
family literacy programs
authorized by Section 8238.4 of
the Education Code.
4. Funds in Schedule (1.5)(l) shall
be reserved for activities to
improve the quality and
availability of child care,
pursuant to the following:
(a) $2,014,056 is for the
schoolage care and resource
and referral earmark.
(b) $11,359,176 is for the infant
and toddler earmark and shall
be used for increasing the
supply of quality child care
for infants and toddlers.
(c) $7,237,000 in one-time
federal funding is available
for use in the 2008-09 fiscal
year. Of that amount,
$200,000 shall be used for
Trustline registration
workload (Chapter 3.35
(commencing with Section
1596.60) of Division 2 of the
Health and Safety Code). The
remaining funds shall be used
for child care and
development quality
expenditures identified by
the State Department of
Education (SDE) and approved
by the Department of Finance.
(d) From the remaining funds in
Schedule (1.5)(l), the
following amounts shall be
allocated for the following
purposes: $4,000,000 to train
former CalWORKs recipients as
child care teachers,
$2,700,000 for contracting
with the State Department
of Social Services (DSS) for
increased inspections of
child care facilities,
$1,000,000 for Trustline
registration workload
(Chapter 3.35 (commencing
with Section 1596.60) of
Division 2 of the Health and
Safety Code), $500,000 for
health and safety training
for licensed and exempt child
care providers, $300,000 for
the Health Hotline, and
$300,000 to implement a
technical assistance program
to child care providers in
accessing financing for
renovation, expansion, or
construction of child care
facilities.
5. Of the amount appropriated in
Schedule (1.5)(l), $15,000,000
shall be for child care worker
recruitment and retention programs
pursuant to Section 8279.7 of the
Education Code, and $320,000 shall
be for the Child Development
Training Consortium.
6. (a) The State Department of
Education (SDE) shall conduct
monthly analyses of CalWORKs
Stage 2 and Stage 3 caseloads
and expenditures and adjust
agency contract maximum
reimbursement amounts and
allocations as necessary to
ensure funds are distributed
proportionally to need. The
SDE shall share monthly
caseload analyses with the
State Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the sufficiency of
funding for Stage 2 and Stage
3 to DSS. The SDE shall
provide caseloads,
expenditures, allocations,
unit costs, family fees, and
other key variables and
assumptions used in
determining the sufficiency
of state allocations.
Detailed backup by month and
on a county-by-county basis
shall be provided to the DSS
at least on a quarterly basis
for comparisons with Stage 1
trends.
(d) By September 30 and March 30
of each year, the SDE shall
ensure that detailed caseload
and expenditure data, through
the most recent period for
Stage 2 and Stage 3 Setaside
along with all relevant
assumptions, is provided to
DSS to facilitate budget
development. The detailed
data provided shall include
actual and projected monthly
caseload from Stage 2
scheduled to time off of
their transitional child care
benefit from the last actual
month reported by agencies
through the next two fiscal
years as well as local
attrition experience. DSS
shall utilize data provided
by the SDE, including key
variables from the prior
fiscal year and the first
two months of the current
fiscal year, to provide
coordinated estimates in
November of each year for
each of the three stages of
care for preparation of the
Governor's Budget, and shall
utilize data from at least
the first two quarters of the
current fiscal year, and any
additional monthly data as
they become available for
preparation of the May
Revision. The DSS shall share
its assumptions and
methodology with the SDE in
the preparation of the
Governor's Budget.
(e) The SDE shall coordinate with
the DSS to identify annual
general subsidized child care
program expenditures for
Temporary Assistance for
Needy Families-eligible
children. The SDE shall
modify existing reporting
forms as necessary to capture
this data.
(f) The SDE shall provide to the
DSS, upon request, access to
the information and data
elements necessary to comply
with federal reporting
requirements and any other
information deemed necessary
to improve estimation of
child care budgeting needs.
7. Notwithstanding any other
provision of law, the funds in
Schedule (1.5)(f) are reserved
exclusively for continuing child
care for the following: (a) former
CalWORKs families who are working,
have left cash aid, and have
exhausted their two-year
eligibility for transitional
services in either Stage 1 or 2
pursuant to subdivision (c) of
Section 8351 or Section 8353 of
the Education Code, respectively,
but still meet eligibility
requirements for receipt of
subsidized child care
services, and (b) families who
received lump-sum diversion
payments or diversion services
under Section 11266.5 of the
Welfare and Institutions Code and
have spent two years in Stage 2
off of cash aid, but still meet
eligibility requirements for
receipt of subsidized child care
services.
8. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) may not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
9. (a) Notwithstanding any other
provision of law, the income
eligibility limits pursuant
to Section 8263.1 of the
Education Code that were
applicable to the 2007-08
fiscal year shall remain in
effect for the 2008-09 fiscal
year.
10. Of the amounts provided in this
item, $0 is available to provide a
cost-of-living adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(g), (1.5)(i),
(1.5)(j), and (1.5)(n). The
maximum standard reimbursement
rate shall not exceed $34.38 per
day for general child care
programs and $21.22 per day for
state preschool programs.
Furthermore, the migrant child
care and Cal-SAFE child care
programs shall adhere to the
maximum standard reimbursement
rates as prescribed for the
general child care programs.
All other rates and adjustment
factors shall be revised to
conform.
11. Of the amounts provided in this
item, $10,917,000 is available to
provide a growth adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(i), and (1.5)(j).
12. (a) Notwithstanding any other
provision of law, the funds
in Schedule (1.5)(m) are
appropriated exclusively for
developing and maintaining a
centralized eligibility list
in each county pursuant to
Section 8227 of the Education
Code. By November 1 of each
year, the State Department of
Education shall provide a
status report on implementing
eligibility lists in each
county, which shall
include, but is not limited
to, the cost of
implementation and operation
of the eligibility lists in
each county, and number of
children and families on the
list for each county.
13. Notwithstanding Section 8278.3 of
the Education Code or any other
provision of law, up to $5,000,000
of the Child Care Facilities
Revolving Fund balance may be
allocated for use on a one-time
basis for renovations and repairs
to meet health and safety
standards, to comply with the
federal Americans with
Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.), and to
perform emergency repairs, that
were the result of an unforeseen
event and are necessary to
maintain continued normal
operation of the child care and
development program. These funds
shall be made available to school
districts and contracting agencies
that provide subsidized center-
based services pursuant to the
Child Care and Development
Services Act (Chapter 2
(commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of
the Education Code).
14. It is the intent of the
Legislature to fully fund the
third stage of child care for
former CalWORKs recipients.
SEC. 29. Item 6110-234-0001 of the Budget Act of 2008 is amended
to read:
6110-234-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.25, for transfer by the
Controller to Section A of the State
School Fund, for allocation by the
Superintendent of Public Instruction for
the Class Size Reduction Program pursuant
to Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4 of Title
2 of the Education Code................... 1,769,291,231
Provisions:
1. Schools participating in
Option One shall receive a
per-pupil rate of $1,071.
Schools participating in
Option Two shall receive a
per-pupil rate of $535.
SEC. 30. Item 6110-488 of Section 2.00 of the Budget Act of 2008
is amended to read:
6110-488--Reappropriation (Proposition 98),
Department of Education. Notwithstanding any other
provision of law, the unobligated balances from the
following items are available for reappropriation
for the purposes specified in Provisions 3, 4, and 5:
0001--General Fund
(1) $12,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(2) $1,441,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2004 (Ch. 208, Stats. 2004), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(3) $3,663,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
$1,749,000 of which was carried
forward per Provision 1 of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(4) $12,921,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for CalWORKs Stage 2
and Stage 3 child care in Schedules
(1.5)(e) and (1.5)(f) of Item 6110-
196-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(6) $18,120,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007), with the exception of
Schedules (1.5)(e) and (1.5)(f) for
CalWORKs child care programs.
(7) $8,000,000 of the amount
appropriated to the Child Care
Facilities Revolving Fund
established pursuant to Section
8278.3 of the Education Code from
Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(8) $5,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the provision of
wraparound care to children
enrolled in preschool programs
pursuant to Section 8238.6 of the
Education Code (Ch. 211, Stats.
2006).
(9) $48,000 or whatever greater or
lesser amount reflects the
unexpended funds from subdivision
(a) of Section 9 of Chapter 734 of
the Statutes of 1999.
(10) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Community-Based
English Tutoring pursuant to
Section 315 of the Education Code,
as enacted by Proposition 227 in
1998.
(11) $9,200,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(12) $76,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Small School
District Bus Replacement in
Schedule (2) of Item 6110-111-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(13) $488,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Home to School
Transportation in Schedule (1) of
Item 6110-111-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(14) $545,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Examination in
Schedule (4) of Item 6110-113-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(15) $2,060,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Assessment Review
and Reporting and the STAR Program
in Schedules (1) and (2) of Item
6110-113-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(16) $19,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(17) $17,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (3) of Item 6110-123-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(18) $2,993,000 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(19) $615,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(20) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(21) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Acquisition Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(22) $109,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Schedule (1) of
Item 6110-128-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(23) $4,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Item 6110-128-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(24) $1,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Administrator
Training Program in Item 6110-144-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(25) $7,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the American
Indian Early Childhood Education
Program in Item 6110-150-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(26) $110,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Schedule (1)
of Item 6110-151-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(27) $177,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Item 6110-151-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(28) $1,385,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adults in
correctional facilities in Item
6110-158-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(29) $107,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(30) $21,919,000 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(31) $57,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for vocational
education for partnership academies
in Item 6110-166-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(32) $23,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education Incentive
Program in Item 6110-167-0001 of
the Budget Act of 2005 (Chs. 38 and
39, Stats. 2005).
(33) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for educational
technology programs in Item 6110-
181-0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(34) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
transferred to the State School
Fund for educational technology
programs in Item 6110-181-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(35) $27,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for staff
development for teacher peer review
in Schedule (2) of Item 6110-193-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(36) $95,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Bilingual
Teacher Training Assistance Program
and teacher peer review in
Schedules (1) and (2) of Item 6110-
193-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(37) $43,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for teacher
dismissal apportionments in Item
6110-209-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats.
2006).
(38) $13,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for School Community
Policing Partnership Competitive
Grants Program in Schedule (5) of
Item 6110-228-0001 of the Budget
Act of 2004 (Ch. 208, Stats. 2004).
(39) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the International
Baccalaureate Diploma Program in
Schedule (1) of Item 6110-240-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(40) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Credentialing Block Grant Program
in Item 6110-244-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(41) $79,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(42) $186,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2007 (Chs.
171 and 172, Stats. 2007).
(43) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Physical
Education Teacher Incentive Grant
Program in Item 6110-260-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(44) $641,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to county offices of
education for site visits for
Williams audits in Item 6110-266-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(45) $101,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter School
Facility Grant Program in Schedule
(7) of Item 6110-485 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(46) $600,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Principal
Training Program in Schedule (8) of
Item 6110-485 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(47) $25,645,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2004-
05 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002.
(48) $178,352,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2007-
08 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(49) $20,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act
of 2007 (Chs. 171 and 172, Stats.
2007).
(50) $520,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2006-
07 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code, as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(51) $3,207,465 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
programs in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003).
(52) $10,922 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Consolidated Competitive Grant in
Item 6110-248-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(53) $10,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the adult
education program and regional
occupational programs 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 (3) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(54) $27,500 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the parental
involvement program 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.
(55) $114,395 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for teacher
recruitment and retention 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 (20)
of Section 43 of Chapter 79 of the
Statutes of 2006.
(56) $25,725 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for start-up school
breakfast and summer food program
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
(8) of Section 43 of Chapter 79 of
the Statutes of 2006.
(57) $831,523 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for prior year mandate
claims made by local education
agencies 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 (1) of Section 43 of
Chapter 79 of the Statutes of 2006.
(58) $3,115,995 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(59) $247,611 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Special
Education Infant Program in
Schedule (1) of Item 6110-161-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(60) $730,454 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Early
Education for Individuals with
Exceptional Needs in Schedule (2)
of Item 6110-161-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(61) $44,135 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education in Item
6110-167-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(62) $29,837 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Intervention Program in Item 6110-
204-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(63) $6,057 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant in Schedule (1) of Item
6110-228-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(64) $8,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the K-3 Class
Size Reduction Program in Item
6110-234-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(65) $339,439 or whatever 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).
(66) $98,647 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Professional
Development Block Grant in Item
6110-245-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(67) $5,130 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Arts and Music
Block Grant in Item 6110-265-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(68) $1,941,700 or whatever 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).
(69) $12,844 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant Program pursuant to
subparagraph (J) of paragraph (2)
of subdivision (a) of Section 31 of
Chapter 73 of the Statutes of 2005.
(70) $11,705,886 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adult education
programs pursuant to subparagraph
(G) of paragraph (2) of subdivision
(a) of Section 31 of Chapter 73 of
the Statutes of 2005.
(71) $1,217,782 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (10) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(72) $57,239 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (12) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(73) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(74) $658,800 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(75) $40,310 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
Partnership Academies Program in
Item 6110-166-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(76) $145,000 or whatever 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 2007
(Chs. 171 and 172, Stats. 2007).
(77) $49,774 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Instruction Program in Item 6110-
204-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(78) $41,445 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Dismissal Apportionment Program in
Item 6110-209-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(79) $1,003,040 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Program in Item 6110-243-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(80) $167,158 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
Professional Development Block
Grant in Item 6110-245-0001 of the
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(81) $429,880 or whatever 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
2007 (Chs. 171 and 172, Stats.
2007).
(82) $7,821 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Home to School
Transportation Program in Schedule
(14) of Item 6110-485 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(83) $281,207 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Quality
Education Improvement Act in
subparagraph (B) of paragraph (1)
of subdivision (c) of Section
52055.770 of the Education Code.
(84) $499,639 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(85) $145,359 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges for nursing
faculty recruitment and retention
in paragraph (30) of subdivision
(a) of Section 43 of Chapter 79 of
the Statutes of 2006.
(86) $229,653 or whatever 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).
(87) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(88) $59,931 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (20)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(89) $81,824 or whatever 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 2007 (Chs. 171 and 172,
Stats. 2007).
(90) $404,091 or whatever 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 2007 (Chs. 171 and 172,
Stats. 2007).
(91) $817,973 or whatever 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 2007 (Chs. 171 and 172,
Stats. 2007).
(92) $8,738,578 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims of
subparagraph (A) of paragraph (3)
of subdivision (a) of Section 44 of
Chapter 79 of the Statutes of 2006.
Provisions:
3. The sum of $38,631,987 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 purpose of
funding CalWORKs Stage 2 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
4. The sum of $164,686,000 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 purpose of
funding CalWORKs Stage 3 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
5. The sum of $46,161,769 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 Class Size
Reduction Program pursuant to
Chapter 6.10 (commencing with
Section 52120) of Part 28 of
Division 4 of Title 2 of the
Education Code.
SEC. 31. Item 6870-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,649,230,000
Schedule:
(1) 10.10.010- 2,830,717,
Apportionments........ 000
(2) 10.10.020-
Apprenticeship........ 14,641,000
(3) 10.10.030-Growth for 113,500,00
Apportionments........ 0
(4) 20.10.004-Student
Success for Basic
Skills Students....... 33,100,000
(5) 20.10.005-Student
Financial Aid
Administration........ 51,269,000
(6) 20.10.020-Disabled 115,011,00
Students.............. 0
(7) 20.10.045-Special
Services for CalWORKs
Recipients............ 43,580,000
(8) 20.10.060-Foster Care
Education Program..... 5,254,000
(9) 20.10.070- 101,803,00
Matriculation......... 0
(10) 20.20.020-Academic
Senate for the
Community Colleges.... 467,000
(11) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 1,747,000
(12) 20.20.050-Part-time
Faculty Health
Insurance............. 1,000,000
(13) 20.20.051-Part-time
Faculty Compensation.. 50,828,000
(14) 20.20.055-Part-time
Faculty Office Hours.. 7,172,000
(15) 20.30.011-
Telecommunications
and Technology
Services.............. 26,197,000
(16) 20.30.050-Economic
Development........... 46,790,000
(17) 20.30.070-Transfer
Education and
Articulation.......... 1,424,000
(18) 20.40.026-Physical
Plant and
Instructional Support. 27,345,000
(19) 20.10.010-Extended
Opportunity Programs
and Services and 122,291,00
Special Services...... 0
(20) 20.30.045-Fund for
Student Success....... 6,158,000
(21) 20.70.010-Career
Technical Education... 20,000,000
(22) 20.80.010-Campus
Childcare Tax Bailout. 6,836,000
(23) 20.95.010-Nursing
Program Support....... 22,100,000
Provisions:
1. The funds appropriated in
Schedules (1), (2), (3), (4),
(5), (6), (7), (8), (9), (11),
(12), (13), (14), (15), (16),
(18), (19), and (22) are for
transfer by the Controller
during the 2008-09 fiscal year
to Section B of the State School
Fund.
2. Notwithstanding any other
provision of law, apportionment
funding for community college
districts shall be based on the
greater of the current year or
prior year level of full-time
equivalent students (FTES),
consistent with K-12 declining
enrollment practices pursuant to
Section 42238.5 of the Education
Code. Decreases in FTES shall
result in a revenue reduction at
the district's average level
of apportionment funding per
FTES and shall be made in the
year following the initial year
of decrease in FTES.
3. The funds appropriated in
Schedule (1) for Apportionments
include $31,409,000 to encourage
district-level accountability
efforts pursuant to Section
84754.5 of the Education Code.
It is intended that the
Chancellor of the California
Community Colleges submit an
annual report on district-
specific accountability measures
by March 19 of each year. This
report shall reflect outcomes
from the most recently completed
fiscal year for which data is
available pursuant to Section
84754.5 of the Education Code.
4. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(b) Up to $500,000 is to
reimburse colleges for the
costs of federal aid
repayments related to
assessed fees for fee
waiver recipients. This
reimbursement only applies
to students who completely
withdraw from college
before the census date
pursuant to Section 58508
of Title 5 of the
California Code of
Regulations.
5. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
6. (a) Of the amount appropriated
in Schedule (2) for the
Apprenticeship Program, up
to $14,641,000 shall be
available as necessary
upon certification by the
Chancellor of the
California Community
Colleges for the purpose
of funding community
college-related and
supplemental instruction
pursuant to Section 3074
of the Labor Code, as
provided in Section 8152
of the Education Code. No
community college district
shall use funds available
under this provision to
offer any new
apprenticeship training
program or the expansion
of any existing program
unless the new program
or expansion has been
approved by the chancellor.
(b) Notwithstanding Section
8152 of the Education
Code, each 60-minute hour
of teaching time devoted
to each indentured
apprentice enrolled in and
attending classes of
related and supplemental
instruction as provided
under Section 3074 of the
Labor Code shall be
reimbursed at the rate of
$5.06 per hour. For
purposes of this
provision, each hour of
teaching time may include
up to 10 minutes for
passing time and breaks.
7. Funds appropriated in Schedule
(3), Growth for Apportionments,
shall be available first to any
districts bringing online in the
current fiscal year newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
8. Notwithstanding any other
provision of law, funds
appropriated in Schedule (3) for
Growth for Apportionments
shall only be allocated for
growth in full-time equivalent
students (FTES), on a district-
by-district basis, as determined
by the Chancellor of the
California Community Colleges.
The chancellor shall not include
any FTES from concurrent
enrollment in physical
education, dance, recreation,
study skills, and personal
development courses and other
courses in conflict with
existing law for the purpose of
calculating a district's three-
year overcap adjustment. The
Board of Governors of the
California Community Colleges
shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-
0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003) for the
allocation of funds appropriated
in Schedules (1) and (3), so as
to ensure that courses related
to student needs for transfer,
basic skills, and
vocational/workforce training
are accorded the highest
priority and are provided to the
maximum extent possible within
budgeted funds.
10. Of the amount appropriated in
Schedule (1), $10,000,000 shall
only be available for noncredit
instruction to prepare pupils to
pass the California High School
Exit Examination (CAHSEE). The
first priority shall be to serve
high school pupils from the
class of 2007 who met all other
graduation requirements except
for passage of the CAHSEE.
Remaining funds may be used to
support other necessary
noncredit courses for other
pupils who not only did not pass
the CAHSEE, but who did not
complete other coursework
necessary to meet high school
graduation requirements. These
funds are intended to supplement
but not supplant existing
funding for these purposes.
11. The funds appropriated in
Schedule (4), Student Success
for Basic Skills Students,
shall be allocated as follows:
(a) $1,600,000 for faculty and
staff development to
improve curriculum,
instruction, student
services, and program
practices in the areas of
basic skills and English
as a Second Language (ESL)
programs. The Office of
the Chancellor of the
California Community
Colleges shall select a
district, utilizing a
competitive process, to
carry out these faculty
and staff development
activities. All colleges
receiving funds pursuant
to subdivision (b) shall
be provided with the
opportunity to participate
in the faculty and staff
development programs
specified in this
subdivision. The
chancellor shall report on
the use of these funds by
the selected district to
the Legislative Analyst
and the Department of
Finance not later than
September 1, 2009.
(b) $31,500,000 for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor shall work
jointly with the
Department of Finance and
the Legislative Analyst to
develop annual
accountability measures
for this program. It is
the intent of the
Legislature that annual
performance accountability
measures for this program
utilize, to the extent
possible, data available
as part of the
accountability system
developed pursuant to
Section 84754.5 of the
Education Code. By
November 1, 2009, the
chancellor shall submit a
report to the Governor and
Legislature on the annual
accountability measures
developed pursuant to this
process.
12. (a) Of the funds appropriated
in Schedule (5) for
Student Financial Aid
Administration, not less
than $9,864,000 is
available to provide $0.91
per unit reimbursement to
community college
districts for the
provision of board of
governors (BOG) fee
waiver awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(b) Of the funds appropriated
in Schedule (5), not less
than $4,405,000 is
available to provide
reimbursement of 2 percent
of total waiver value to
community college
districts for the
provision of BOG fee
waiver awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(c) Funding provided to
community college
districts in subdivisions
(a) and (b) of Provision
15 is provided to directly
offset any mandated costs
claimed by community
college districts pursuant
to Commission on State
Mandates Test Claims 99-TC-
13 (Enrollment Fee
Collection) and 00-TC-15
(Enrollment Fee Waivers).
(d) (1) Of the amount
appropriated in
Schedule (5),
$2,800,000 shall be
for a contract with
a community college
district to conduct
a statewide media
campaign to promote
the general message
to prospective
students as follows:
(A) the California
Community Colleges
(CCC) remain
affordable, (B)
financial aid and
tax credits are
available to cover
enrollment fees and
help with books and
other costs, and (C)
the active
encouragement of
contact between
pupils and local CCC
financial aid
offices. Any funds
used from this
source to produce
radio, television,
or mail campaigns
must emphasize the
availability of
financial aid, the
easiest and most
reliable method of
accessing the
aid, a contact
telephone number, an
Internet Web site
address, where
applicable, and the
physical location of
a financial aid
office. Any mail
campaign must give
priority to existing
pupils, recent high
school graduates,
and 12th graders.
The outreach and
information campaign
should target its
efforts in high
schools, welfare
offices,
unemployment
offices, churches,
community centers,
and any other
location that will
most effectively
reach low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult with the
Chancellor of the
California Community
Colleges and the
Student Aid
Commission prior to
performing any
activities to ensure
appropriate
coordination with
any other state
efforts in this area
and ensure
compliance with this
provision.
(2) Of the amount
appropriated in
Schedule (5), not
more than
$34,200,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
CCC campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
full-time equivalent
students (FTES)
weighted by a
measure of low-
income populations
as demonstrated by
BOG fee waiver
program
participation within
a district. It is
the intent of the
Legislature, to the
extent that funds
are provided in this
item, that all
campuses provide
additional staff
resources to
increase both
financial aid
participation and
student access to
low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. Funds may
be used for
screening current
students for
possible financial
aid eligibility and
offering personal
assistance to these
students in
accessing
financial aid,
providing individual
help in multiple
languages for
families and
students in filling
out the necessary
paperwork to apply
for financial aid,
and increasing
financial aid staff
to process
additional financial
aid forms.
(3) Funds allocated to a
community college
district for
financial aid
personnel, outreach
determination of
financial need, and
delivery of student
financial aid
services shall
supplement, and
shall not supplant,
the level of funds
allocated for the
administration of
student financial
aid programs during
the 2001-02 fiscal
year.
(4) It is the intent of
the Legislature that
the Office of the
Chancellor of the
California Community
Colleges provide the
Legislature with a
report not later
than April 1, 2009,
on the use of the
funds allocated
pursuant to
paragraphs (1) and
(2) of this
subdivision (d),
including the
distribution of the
funds, specific uses
of the funds,
strategies employed
to reach low-income
and disadvantaged
students potentially
eligible for
financial aid, and
the extent to which
districts were
successful in
increasing the
number of students
accessing financial
aid, particularly
the maximum Pell
Grant award.
(5) It is the intent of
the Legislature that
the chancellor
report by September
1, 2008, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (b) of
Provision 11 of Item
6870-101-0001 of
Section 2.00 of the
Budget Act of 2004
(Ch. 208, Stats.
2004), on the impact
of outreach efforts
on student headcount
and FTES enrollment
for the 2005-06 and
2006-07 academic
years.
13. Of the funds appropriated in
Schedule (19) for Extended
Opportunity Programs and
Services, $106,786,000 is for
Extended Opportunity Programs
and Services (EOPS) in
accordance with Article 8
(commencing with Section 69640)
of Chapter 2 of Part 42 of
Division 5 of Title 3 of the
Education Code. Funds provided
in this item for EOPS shall be
available to students on all
campuses within the California
Community College system,
including those students on new
campuses or in new districts. In
addition, $15,505,000 is for
funding, at all colleges, the
Cooperative Agencies Resources
for Education (CARE) program
in accordance with Article 4
(commencing with Section 79150)
of Chapter 9 of Part 48 of
Division 7 of Title 3 of the
Education Code. The Board of
Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
14. Of the funds appropriated in
Schedule (19) for the Extended
Opportunity Programs and
Services, $1,900,000 shall be
available to support additional
textbook assistance grants to
community college students as an
allowable expenditure consistent
with paragraph (10) of
subdivision (b) of Section 69648
of the Education Code.
15. The funds appropriated in
Schedule (20) for the Fund
for Student Success is for
additional targeted student
services, to be expended as
follows:
(a) $1,921,000 is for the
Puente Project to support
up to 75 colleges. These
funds are available if
matched by $200,000 of
private funds and the
participating community
colleges and University of
California campuses
maintain their 1995-96
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $2,459,000 is for
the Mathematics,
Engineering and Science
Achievement (MESA)
Program. For each dollar
allocated, the recipient
district shall provide $1
in matching funds.
(c) No less than $1,778,000 is
for the Middle College
High School Program. With
the exception of fully
compliant special part-
time students at the
community colleges
pursuant to Sections 48802
and 76001 of the Education
Code, student workload
based on participation in
the Middle College High
School Program shall not
be eligible for community
college state
apportionment. Further, no
community college state
apportionment shall be
made available for
physical education
classes, noncredit
classes, nor other courses
specified in Provision 8.
16. (a) The funds appropriated in
Schedule (6) for the
Disabled Students Program
are for assisting
districts in funding the
excess direct
instructional cost of
providing special support
services or instruction,
or both, to disabled
students enrolled at
community colleges, and
for state hospital
programs, as mandated by
federal law.
(b) Of the amount appropriated
in Schedule (6), no less
than $3,945,000 shall be
used to address
deficiencies identified by
the federal Office of
Civil Rights (OCR), as
determined by the Office
of the Chancellor of the
California Community
Colleges.
(c) Of the amount appropriated
in Schedule (6), at least
$943,000 shall be used for
support of the High Tech
Centers for activities
including, but not limited
to, training of district
employees, staff, and
students in the use of
specialized computer
equipment for the
disabled. All High Tech
Centers shall meet
standards developed by the
Office of the Chancellor.
Colleges that receive
these augmentations shall
not supplant existing
resources provided to the
centers.
(d) Notwithstanding any other
provision of law, of the
funds appropriated in
Schedule (6), $1,246,000
shall be for state
hospital adult education
programs at the hospitals
served by the Coast and
Kern Community College
Districts since the 1986-
87 fiscal year. If adult
education services at any
of the three hospitals are
not supported by the
community colleges in any
portion of the 2008-09
fiscal year, remaining
funds shall, upon order of
the Department of Finance,
after 30 days' notice to
the Chairperson of the
Joint Legislative Budget
Committee, be transferred
to the State Department of
Developmental Services
(DDS). For any transfer of
funds to DDS during the
2008-09 fiscal year, the
Proposition 98 base
funding levels for
community colleges and DDS
shall be adjusted
accordingly.
(e) Of the funds appropriated
in Schedule (6) for the
Disabled Student Services,
no less than $9,600,000
shall be allocated to
support high-cost sign
language interpreter
services and real-time
captioning equipment or
other communication
accommodations for hearing-
impaired students based on
a 4-to-1 state-to-local
district match.
17. The funds appropriated in
Schedule (7), Special Services
for CalWORKs Recipients, are for
the purpose of assisting welfare
recipient students and those in
transition off of welfare to
achieve long-term self-
sufficiency through coordinated
student services offered at
community colleges, including
workstudy, other educational
related work experience, job
placement services, child care
services, and coordination with
county welfare offices to
determine eligibility and
availability of services. All
services funded in Schedule (7)
shall be for current CalWORKs
recipients or prior CalWORKs
recipients who are in transition
off of cash assistance for no
more than two years. Current
cash-assistance recipients may
utilize these services until
their initial educational
objectives are met. Former
recipients in transition off of
cash assistance may utilize
these services for a period of
up to two years after leaving
cash assistance subject to the
conditions of this provision.
These funds shall be used to
supplement and not supplant
existing funds and services
provided for CalWORKs recipients
attending community colleges.
The Chancellor of the California
Community Colleges shall develop
an equitable method for
allocating funds to all
districts and colleges based on
the relative numbers of CalWORKs
recipients in attendance and
shall allocate funds for the
following purposes:
(a) Job placement.
(b) Coordination with county
welfare offices and other
local agencies, including
local workforce investment
boards.
(c) Curriculum development and
redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills
training and related
skills.
(g) Campus-based case
management, limited to on-
campus assistance and
services not provided by
county case workers that
do not supplant other
counseling and academic
support services funded
through existing
California Community
Colleges categorical
programs.
Of the amount appropriated in
Schedule (7), $15,000,000 is for
child care and does not require
a district match. For the
remaining funds, districts
shall, as a condition of receipt
of these funds, provide a $1
match for every $1 provided by
the state.
Funds utilized for subsidized
child care shall be for children
of CalWORKs recipients through
campus-based centers or parental
choice vouchers at rates and
with rules consistent with those
applied to related programs
operated by the State Department
of Education in the 2008-09
fiscal year, including
eligibility, reimbursement
rates, and parental contribution
schedules. Subsidized campus
child care for CalWORKs
recipients may be provided
during the period they are
engaged in qualifying state and
federal work activities through
attainment of their initial
education and training plan and
for up to three months
thereafter or until the end of
the academic year, whichever
period of time is greater.
Funds utilized for
workstudy shall be used solely
for payments to employers that
currently participate in campus-
based workstudy programs or are
providing work experiences that
are directly related to and in
furtherance of student
educational programs and work
participation requirements,
provided that those payments may
not exceed 75 percent of the
wage for the workstudy
positions, and the employers
shall pay at least 25 percent of
the wage for the workstudy
positions. These funds may be
expended only if the total hours
of education, employment, and
workstudy for the student are
sufficient to meet both state
and federal minimum requirements
for qualifying work-related
activities.
Funds may be used to provide
credit or noncredit classes for
CalWORKs students if a district
has committed all of its funded
full-time equivalent students
(FTES) and is unable to offer
the additional instructional
services to meet the demand for
CalWORKs students. This
determination shall be based on
fall enrollment information.
Districts shall submit
applications to the Office of
the Chancellor by October 15 of
each year. If the chancellor
approves the use of funds for
direct instructional workload,
the Office of the Chancellor
shall submit a report to the
Department of Finance and the
Joint Legislative Budget
Committee by November 15, 2008,
that (a) identifies the
enrollment of new CalWORKs
students, (b) states whether and
why additional classes were
needed to accommodate the needs
of CalWORKs students, and (c)
sets forth an expenditure plan
for the balance of funds.
As a condition of receipt of
the funds appropriated in
Schedule (7), by the fourth week
following the end of the
semester or quarter term
commencing in January 2009, each
participating community college
shall submit to the Office of
the Chancellor a report, in the
format specified by the
chancellor in consultation with
the State Department of Social
Services, that includes, but is
not limited to, the funded
components, the number of hours
of child care provided, the
average monthly enrollment of
CalWORKs dependents served in
child care, the number of
workstudy hours provided, the
hourly salaries and type of
jobs, the number of students
being case managed, the short-
term programs available, the
student participation rates, and
other outcome data. It is
intended that, to the extent
practical, reporting from
colleges utilize data gathered
for federal reporting
requirements at the state and
local level. Further, it is
intended that the Office of the
Chancellor compile the
information for annual reports
to the Legislature, the
Governor, the Legislative
Analyst, the Department of
Finance, and the State
Department of Social Services by
November 15 of each year.
First priority for expenditures
of any funds appropriated in
Schedule (7) shall be in support
of current CalWORKs recipients.
However, if caseloads are
insufficient to fully utilize
all of the funding in this
schedule in a cost-beneficial
way, it is intended that up to
$5,000,000 of the funds subject
to local matching requirements
may be allocated for providing
postemployment services to
former CalWORKs recipients who
have been off of cash assistance
for no longer than two years to
assist them in upgrading skills,
job retention, and advancement.
Allowable services include
direct instruction that cannot
be funded under available growth
funding, child care to support
attendance in these classes
consistent with this provision,
job development and placement
services, and career counseling
and assessment activities which
cannot be funded through other
programs. Child care services
may only be provided for periods
commensurate with a student's
need for postemployment training
within the two-year transitional
period.
Prior to allocation of funds
for postemployment services, the
chancellor shall first secure
the approval of the Department
of Finance for the allocations,
complete a cumulative report on
the outcomes, activities, and
cost-effectiveness of the
program no later than November
15, 2008, in compliance with the
Budget Acts of 1998 (Ch. 324,
Stats. 1998) and 1999 (Ch. 50,
Stats. 1999) and this act, and
shall provide the rationale and
justification for the proposed
allocation of postemployment
services to districts for
transitional students.
If a district is unable to
fully expend its share of child
care funds, it may request that
the Office of the Chancellor
approve a reallocation to other
CalWORKs purposes authorized by
this provision, subject to all
pertinent limitations and
district match required for
these purposes under this
provision.
Of the funds appropriated in
Schedule (7) for the Special
Services for CalWORKs Recipients
Program, no less than $8,000,000
is to provide direct workstudy
wage reimbursement for students
served under this program, and
$1,000,000 is available for
campus job development and
placement services.
18. Funds appropriated in Schedule
(7) for the Special Services for
CalWORKs Recipients Program have
been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-of-
effort requirement pursuant to
the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) and may
not be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
19. (a) Funds provided in Schedule
(8) for the Foster Care
Education Program shall be
allocated to provide
foster and
relative/kinship care
education and training.
Districts shall ensure
that education and
training required by
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receive
priority. Districts may
use any remaining funds
for additional parenting
skills training.
(b) Funds provided in Schedule
(8) shall be used for
foster parent and
relative/kinship care
provider education
training services
consistent with the
following criteria:
(1) The Chancellor of
the California
Community Colleges
shall use these
funds exclusively
for foster parent
and relative/kinship
care provider
education and
training, as
specified by the
chancellor in
consultation with an
advisory committee
that includes foster
parents,
representatives of
statewide foster
parent
organizations,
parent and
relative/kinship
care providers, and
representatives from
the State Department
of Social Services.
(2) Acceptance of funds
under this program
shall constitute
agreement by the
district to comply
with such reporting
requirements,
guidelines, and
other conditions for
receipt of funding
as the chancellor
may establish.
(3) Each college plan
for foster and
relative/kinship
care education
programs shall
include the
provision of
training to
facilitate the
development of
foster family homes,
small family homes,
and relative/kinship
homes to care for no
more than six
children who have
special mental,
emotional,
developmental, or
physical needs.
(4) The State Department
of Social Services
shall facilitate the
participation of
county welfare
departments in the
foster and
relative/kinship
care education
program.
20. (a) Funds appropriated in
Schedule (9) for the
Matriculation Program are
for the purpose of student
matriculation pursuant to
Article 1 (commencing
with Section 78210) of
Chapter 2 of Part 48 of
Division 7 of Title 3 of
the Education Code.
(b) Of the amount appropriated
in Schedule (9),
$20,000,000 shall be
allocated to community
college districts on a one-
to-one matching funds
basis to provide
matriculation services,
including, but not limited
to, orientation,
assessment, and
counseling, for students
enrolled in designated
noncredit classes and
programs who may benefit
most, as determined by the
Chancellor of the
California Community
Colleges pursuant to
Sections 78216 to 78218,
inclusive, of the
Education Code.
21. The funds in Schedule (13) for
the Part-time Faculty
Compensation Program shall be
allocated solely to increase
compensation for part-time
faculty from the amounts
previously authorized. Funds
shall be distributed to
districts based on the total
actual full-time equivalent
students served in the previous
fiscal year and include a small
district factor as determined by
the Chancellor of the California
Community Colleges. These funds
are to be used to assist
districts in making part-time
faculty salaries more comparable
to full-time salaries for
similar work, as determined
through each district's local
collective bargaining process.
These funds shall not supplant
the amount of resources each
district used to compensate part-
time faculty or be used to
exceed parity of each part-time
faculty employed by each
district with regular full-time
faculty at the same district, as
certified by the chancellor. If
a district achieves parity, its
allocation may be used for any
other educational purpose.
22. (a) $24,197,000 of the funds
provided in Schedule (15)
for the Telecommunications
and Technology Services
Program shall be for the
purpose of supporting
technical and application
innovations and for
coordination of activities
that serve to maximize the
utility of the technology
investments of the
community college system
towards improving learning
outcomes. Allocations
shall be made by the
Chancellor of the
California Community
Colleges, based on
criteria and guidelines as
developed by the
chancellor, on a
competitive basis through
the RFA/RFP application
process for the following
purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for system
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of Section 2.00 of
the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for
the California
Virtual University
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology pilots
and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system towards
improving learning
outcomes.
In addition, a portion of
the funds provided in this
subdivision shall be
available for allocations
to districts. It is the
intent of the Legislature
that these funds be used
by colleges to maintain
the technology
capabilities specified in
subdivision (a) of
Provision 21 of Item 6870-
101-0001 of the Budget Act
of 2003 (Ch. 157, Stats.
2003). These funds shall
not supplant existing
funds used for those
purposes, and colleges
shall match maintenance
and ongoing costs with
other funds as provided by
Provision 21(a) of Item
6870-101-0001 of the
Budget Act of 2003 (Ch.
157, Stats. 2003).
(b) The Office of the
Chancellor of the
California Community
Colleges shall develop the
reporting criteria for all
programs funded by this
item and shall submit that
for review along with an
annual progress report on
program implementation to
the Legislative Analyst,
the Office of the
Secretary for Education,
and the Department of
Finance no later than
December 1 of each year.
Reporting shall include
summaries of allocations
and expenditures by
program and by district,
where applicable.
(c) Of the funds provided in
Schedule (15), $2,000,000
is for ongoing support and
expansion of the
California Partnership for
Achieving Student Success
(Cal-PASS) program. As a
condition of receipt of
these funds, the grantee
shall submit to the Office
of the Chancellor, by
October 15 of each year,
all of the following:
(1) a report that includes
the numbers and
percentages of
institutions and school
districts that have signed
agreements and the number
and percentage that have
actively submitted data in
the current year, (2) the
results of an annual
program evaluation, as
prescribed by the
chancellor, that
sufficiently documents the
value and productivity of
the program, and (3) an
annual financial audit, as
prescribed by the
chancellor, that includes
an accounting of all
funding sources and all
uses of funds by funding
source. It is the intent
of the Legislature that
all reporting requirements
contained in this
subdivision shall be
completed using funds
provided to the grantee.
23. Of the funds provided in
Schedule (16) for the Economic
and Workforce Development
Program:
(a) $22,830,000 is allocated
for grants for regional
business resources
assistance and innovation
network centers. Each
grant awarded to a
district for Centers for
International Development
shall contain sufficient
funds, as determined by
the Chancellor of the
California Community
Colleges, for the
continued operation of
Mexican International
Trade Centers.
(b) $7,822,000 is allocated
for industry-driven
regional education and
training collaboratives.
These grants shall be made
on a competitive basis and
the award amounts shall
not be restricted to any
predetermined limit, but
rather shall be funded on
their individual merits.
(c) $3,609,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $4,529,000 is available
for Job Development
Incentive Training
programs focused on job
creation for public
assistance recipients. Any
annual savings from this
subdivision shall only be
available for expenditure
for one-time activities
listed under subdivision
(j) of Section 88531 of
the Education Code.
(e) $8,000,000 is allocated
for the establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following provisions
apply to the expenditure
of funds within
subdivisions (a) and (b):
Funds allocated for
centers and regional
collaboratives shall seek
to maximize the use of
state funds for
subdivisions (g) to (j),
inclusive, of Section
88531 of the Education
Code. Funds allocated
to districts for purposes
of subdivisions (g) and
(i) of Section 88531 of
the Education Code for
performance-based training
and student internships
shall be matched by a
minimum of $1 of private
business and industry
funding for each $1 of
state funds. Funds
allocated for purposes of
subdivision (h) of Section
88531 of the Education
Code for credit and
noncredit instruction may
be transferred to Schedule
(1) or (3) to facilitate
distribution at the
chancellor's discretion.
Any funds that become
available from network
centers due to savings,
discontinuance, or
reduction of amounts shall
first be made available
for additional allocations
in subdivision (b) to
increase the level of
subsidized training
otherwise available.
(g) Funds allocated by the
Board of Governors of the
California Community
Colleges under this
provision may not be used
by community college
districts to supplant
existing courses or
contract education
offerings. The chancellor
shall ensure that funds
are spent only for
expanded services and
shall implement
accountability reporting
for districts receiving
these funds to ensure that
training, credit, and
noncredit programs remain
relevant to business
needs. Programs that do
not demonstrate continued
relevance and support by
business shall not be
eligible for continued
funding. The board of
governors shall consider
the level of involvement
and financial commitments
of business and industry
as primary factors in
making awards. The
chancellor shall
incorporate grant
requirements into the
guidelines for audits of
economic development
grants.
(h) Primary objectives of the
Economic and Workforce
Development Program are to
maximize instruction, to
prepare students for entry-
level jobs, to increase
skills of the current
workforce, and to
stimulate the growth of
businesses through
training so that more jobs
are created. As part of
the annual report on the
performance of the
Economic and Workforce
Development Program, the
chancellor shall provide
disaggregated data
detailing the funding
provided to each economic
development regional
center and each industry-
driven regional education
and training
collaborative, and to the
extent practicable, the
total number of hours of
contract education
services, performance
improvement training,
credit and noncredit
instruction, and job
placements created as a
result of each center and
collaborative.
24. (a) The funds appropriated in
Schedule (17) for the
Transfer Education and
Articulation Program are
available to support
transfer and articulation
projects and common course
numbering projects.
(b) Funding provided to
community college
districts from Schedule
(17) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Chapter 737 of the
Statutes of 2004.
25. (a) $13,673,000 of the funds
appropriated in Schedule
(18) is available for the
following purposes:
(1) Scheduled
maintenance and
special repairs of
facilities. The
Chancellor of the
California Community
Colleges shall
allocate funds to
districts on the
basis of actual
reported full-time
equivalent students
(FTES), and may
establish a minimum
allocation per
district. As a
condition for
receiving and
expending these
funds for
maintenance or
special repairs, a
district shall
certify that it will
increase its
operations and
maintenance spending
from the 1995-96
fiscal year by the
amount it allocates
from this
appropriation for
maintenance and
special repairs,
plus an equal amount
to be provided from
district
discretionary funds.
The chancellor may
waive all or a
portion of the
matching requirement
based upon a review
of a district's
financial condition.
The question of
whether a district
has complied with
its resolution shall
be reviewed under
the annual audit of
that district. For
every $1 a
district expends
from this
appropriation for
scheduled
maintenance and
special repairs, the
recipient district
shall provide $1 in
matching funds.
(2) Hazardous substances
abatement, cleanup,
and repairs.
(3) Architectural
barrier removal
projects that meet
the requirements of
the federal
Americans with
Disabilities Act of
1990 (42 U.S.C. Sec.
12101 et seq.) and
seismic retrofit
projects limited to
$400,000. Districts
that receive funds
for architectural
barrier removal
projects shall
provide a $1 match
for every $1
provided by the
state.
(b) $13,672,000 of the funds
appropriated in Schedule
(18) is available for
replacement of
instructional equipment
and library materials. For
every $3 a district
expends from this
appropriation for
replacement of
instructional equipment or
library materials, the
recipient district shall
provide $1 in matching
funds. The chancellor may
waive all or a portion of
the matching requirement
based upon a review of a
district's financial
condition. The funds
provided for instructional
equipment and library
materials shall not be
used for personal services
costs or operating
expenses. The chancellor
shall allocate funds to
districts on the basis of
actual reported FTES and
may establish a minimum
allocation per district.
The question of whether a
district has complied with
its resolution shall be
reviewed under the
annual audit of that
district.
(c) The funds appropriated in
Schedule (18) shall be
available for expenditure
until June 30, 2010.
26. Pursuant to Sections 69648.5,
78216, and 84850, and
subdivision (b) of Section
87108, of the Education Code,
the Board of Governors of the
California Community Colleges
may allocate funds appropriated
in Schedules (6), (9), (11), and
(19) by grant or contract, or
through the apportionment
process, to one or more
districts for the purpose of
providing program evaluation,
accountability, monitoring, or
program development services, as
appropriate under the applicable
statute.
27. The funds appropriated in
Schedule (21) for the Career
Technical Education Program are
for the purpose of aligning
career-technical education
curriculum between K-12 and
community colleges in targeted
industry-driven programs offered
through the Economic and
Workforce Development Program.
Prior to the allocation of these
funds, the Chancellor of the
California Community Colleges,
in conjunction with the State
Department of Education, shall
submit a proposed expenditure
plan for the funds contained in
this item, and the rationale
therefor, to the Department of
Finance by August 1, 2008, for
approval.
Of the funds appropriated in
Schedule (21), $2,500,000 is
available for the development
and enhancement of health-
related career pathway programs
in grades 7 to 12, inclusive,
and for the articulation and
alignment of health-related
curriculum between schools with
pupils in kindergarten and
grades 1 to 12, inclusive, and
the California Community
Colleges.
28. The funds appropriated in
Schedule (22) for the Campus
Childcare Tax Bailout shall be
allocated by the Chancellor of
the California Community
Colleges to community college
districts that levied child care
permissive override taxes in the
1977-78 fiscal year pursuant to
Sections 8329 and 8330 of the
Education Code in an amount
equal to the property tax
revenues, tax relief
subventions, and state aid
required to be made available by
the district to its child care
and development program for the
1979-80 fiscal year pursuant
to Section 30 of Chapter 1035 of
the Statutes of 1979, increased
by any cost-of-living increases
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
29. With regard to the funds
appropriated in Schedule (23),
Nursing Program Support, all of
the following shall apply:
(a) $14,000,000 shall be used
to provide support for
nursing program enrollment
and equipment needs
consistent with paragraph
(2) of subdivision (a) of
Section 2 of Chapter 514
of the Statutes of 2001.
Grant funding for nursing
enrollment shall provide a
marginal increase in
funding in addition to
the amount provided for
each full-time equivalent
student for regular growth
in apportionments.
(b) $8,100,000 shall be used
to provide diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
(d) The Board of Governors of
the California Community
Colleges shall develop a
request for applications
(RFA) to allocate the
additional $5,214,000 of
funds in subdivision (b)
to community college
districts. Criteria for
assessing each RFA shall
include all of the
following:
(1) The degree to which
the funds provided
would be used to
increase student
enrollment in
nursing programs
beyond the level of
full-time equivalent
students served in
the 2007-08 academic
year.
(2) The district's level
of attrition from
nursing programs and
the suitability of
planned expenditures
to address attrition
levels.
(3) The degree to which
funds provided would
be used to support
infrastructure or
equipment needs with
the intent of
building capacity
and increasing the
number of nursing
students served.
(4) For districts with
attrition rates of
15 percent or more,
new grant funding
shall focus on
attrition reduction.
For districts with
attrition rates
below 15 percent,
new grant funding
shall focus on
enrollment expansion.
(e) The board of governors
shall release the RFA no
sooner than 30 days after
submitting it to the
Legislature and the
Department of Finance for
review.
(f) On or before March 1 of
each year, the Chancellor
of the California
Community Colleges shall
provide the Legislature
and the Department of
Finance with a report on
the allocation of funding.
For each district
receiving funding under
this item, the report
shall include all of the
following: (1) the amount
of funding received, (2)
the number of nursing full-
time equivalent students
served in the 2006-07
academic year, and the
additional number of
nursing full-time
equivalent students served
with funding provided in
this item in each
subsequent year, (3) the
district's attrition and
completion rates in the
2006-07 academic year and
subsequent years, (4) any
equipment or
infrastructure-related
items acquired with the
funds appropriated in this
item, and (5) the number
of new and existing
faculty receiving
annual stipend awards.
SEC. 32. Item 6870-295-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6870-295-0001--For local assistance, Board
of Governors of the California Community
Colleges (Proposition 98), for
reimbursement, in accordance with provisions
of Section 6 of Article XIII B of the
California Constitution or Section 17561 of
the Government Code, of the costs of any new
program or increased level of service of an
existing program mandated by statute or
executive order, for disbursement by the
Controller................................... 3,000
Schedule:
(1) 98.01.000.184-Health Fees
(Ch. 1, Stats. 1984, 2nd
Ex. Sess.) (CSM-4206)...... 1,000
(2) 98.01.090.896-Sex
Offenders: Disclosure
Requirements (Ch. 908,
Stats. 1996) (CSM-97-TC-
15)........................ 1,000
(3) 98.01.028.498-Law
Enforcement Jurisdiction
Agreements (Ch. 284,
Stats. 1998) (CSM-98-TC-
20)........................ 1,000
Provisions:
1. Allocation of funds appropriated in
this item to the appropriate local
entities shall be made by the
Controller in accordance with the
provisions of each statute or
executive order that mandates the
reimbursement of the costs, and
shall be audited to verify the
actual amount of the mandated costs
in accordance with subdivision (d)
of Section 17561 of the Government
Code. Audit adjustments to prior
year claims may be paid from this
item. Funds appropriated by this
item may be used to provide
reimbursement pursuant to Article 5
(commencing with Section 17615) of
Chapter 4 of Part 7 of Division 4 of
Title 2 of the Government Code.
2. If any of the scheduled amounts are
insufficient to provide full
reimbursement of costs, the
Controller may, upon notifying the
Director of Finance in writing,
augment those deficient amounts from
the unencumbered balance of any
other scheduled amounts therein. No
order may be issued pursuant to this
provision unless written
notification of the necessity
therefor is provided to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, and the
Chairperson of the Joint Legislative
Budget Committee or his or her
designee.
SEC. 33. Section 12.40 of the Budget Act of 2008 is repealed.
SEC. 34. Section 12.42 is added to the Budget Act of 2008, to
read:
Sec. 12.42. (a) The amounts appropriated in the items set forth in
subdivision (b) are each hereby reduced by the percentage determined
by dividing 943,773,000 by the sum of the amounts appropriated in
the items set forth in subdivision (b).
(b) Subdivision (a) shall apply to Items 6110-103-0001,
6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001,
6110-113-0001, 6110-119-0001, 6110-122-0001, 6110-123-0001,
6110-124-0001, 6110-125-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-158-0001,
6110-166-0001, 6110-167-0001, 6110-181-0001, 6110-182-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-220-0001, 6110-224-0001,
6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001,
6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001,
6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001,
6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-268-0001, as
amended by Chapter 269, Statutes of 2008 and 6360-101-0001 of Section
2.00 of the Budget Act of 2008.
SEC. 35. Section 35.80 of the Budget Act of 2008 is repealed.
SEC. 36. (a) Notwithstanding any other law, fifty-two million
eight hundred nineteen thousand nine hundred thirty-five dollars
($52,819,935) is reduced from the amount appropriated to the Economic
Impact Aid Program in Item 6110-128-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(b) Notwithstanding any other law, two million dollars
($2,000,000) is reduced from the amount appropriated to the K-12
High-Speed Network in Item 6110-182-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(c) Notwithstanding any other law, two million dollars
($2,000,000) is reduced from the amount appropriated to the Teacher
Incentives National Board Certification Program in Item 6110-195-0001
of Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(d) Notwithstanding any other law, five hundred seventy million
dollars ($570,000,000) is reduced from the amount appropriated to the
State Department of Education for class size reduction in
kindergarten and grades 1 to 3, inclusive, in Item 6110-234-0001 of
Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(e) Notwithstanding any other law, one million dollars
($1,000,000) is reduced from the amount appropriated to the Pupil
Retention Block Grant Program in Item 6110-243-0001 of Section 2.00
of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(f) Notwithstanding any other law, one million dollars
($1,000,000) is reduced from the amount appropriated to the
Certificated Staff Mentoring Program in Item 6110-267-0001 of Section
2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(g) Notwithstanding any other law, one million dollars
($1,000,000) is reduced from the amount appropriated to the
California School Paraprofessional Teacher Training Program in Item
6360-101-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
SEC. 37. Notwithstanding any other provision of law, the
unobligated balances from the following items are reappropriated to
the State Department of Education for CalWORKs Stage 2 Child Care
services, in augmentation of, and for the purposes specified in,
Schedule (1.5) (e) of Item 6110-196-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008):
(a) Forty-three million two thousand six hundred fifteen dollars
($43,002,615) from Schedule (1) of Item 6110-196-0001 of Section 2.00
of the Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
(b) Fifty-one million thirty-six thousand five hundred fifty-three
dollars ($51,036,553) from 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).
(c) Two million eight hundred forty-five thousand six hundred
forty-seven dollars ($2,845,647) from Schedule (1.5)(c) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(d) Six million three hundred ninety-nine thousand seven hundred
one dollars ($6,399,701) from Schedule (1.5)(d) of Item 6110-196-0001
of Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(e) Two hundred seventeen thousand three hundred fifty-three
dollars ($217,353) from Schedule (1.5)(g) of Item 6110-196-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(f) Four million one hundred twenty-three thousand five hundred
seventy-two dollars ($4,123,572) from Schedule (1.5)(i) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(g) Two hundred seventy-four thousand three hundred eighty-one
dollars ($274,381) from Schedule (1.5)(j) of Item 6110-196-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(h) Three thousand seventy-six dollars ($3,076) from Schedule
(1.5)(k) of Item 6110-196-0001 of Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats. 2007).
(i) One hundred sixteen thousand one hundred fifteen dollars
($116,115) from Schedule (1.5)(n) of Item 6110-196-0001 of Section
2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 38. (a) The sum of nine hundred five million seven hundred
thousand dollars ($905,700,000) is hereby appropriated from the
General Fund to the State Department of Education. This appropriation
reflects the portion of the February 2010 payment for the class size
reduction in kindergarten and grades 1 to 3, inclusive, and the June
2010 principal apportionment that is to be deferred until July 2010
and attributed to the 2010-11 fiscal year. Notwithstanding any other
law, the department shall encumber the funds appropriated in this
section by July 31, 2010. It is the intent of the Legislature that,
by extending the encumbrance authority for the funds appropriated in
this section to July 31, 2010, the funds will be treated in a manner
consistent with Section 1.80 of the Budget Act of 2009. The
appropriation is made in accordance with the following schedule:
(1) Six million two hundred twenty-seven thousand dollars
($6,227,000) for apprenticeship programs to be expended consistent
with the requirements specified in Item 6110-103-0001 of Section 2.00
of the Budget Act of 2009.
(2) Ninety million one hundred seventeen thousand dollars
($90,117,000) for supplemental instruction to be expended consistent
with the requirements specified in Item 6110-104-0001 of Section 2.00
of the Budget Act of 2009. Of the amount appropriated by this
paragraph, fifty-one million sixty-one thousand dollars ($51,061,000)
shall be expended consistent with Schedule (1) of Item 6110-104-0001
of Section 2.00 of the Budget Act of 2009, twelve million three
hundred thirty thousand dollars ($12,330,000) shall be expended
consistent with Schedule (2) of that item, four million six hundred
ninety thousand dollars ($4,690,000) shall be expended consistent
with Schedule (3) of that item, and twenty-two million thirty-six
thousand dollars ($22,036,000) shall be expended consistent with
Schedule (4) of that item.
(3) Thirty-nine million six hundred thirty thousand dollars
($39,630,000) for regional occupational centers and programs to be
expended consistent with the requirements specified in Schedule (1)
of Item 6110-105-0001 of Section 2.00 of the Budget Act of 2009.
(4) Four million two hundred ninety-four thousand dollars
($4,294,000) for the Gifted and Talented Pupil Program to be expended
consistent with the requirements specified in Item 6110-124-0001 of
Section 2.00 of the Budget Act of 2009.
(5) Forty-five million eight hundred ninety-six thousand dollars
($45,896,000) for adult education to be expended consistent with the
requirements specified in Schedule (1) of Item 6110-156-0001 of
Section 2.00 of the Budget Act of 2009.
(6) Four million seven hundred fifty-one thousand dollars
($4,751,000) for community day schools to be expended consistent with
the requirements specified in Item 6110-190-0001 of Section 2.00 of
the Budget Act of 2009.
(7) Five million nine hundred forty-seven thousand dollars
($5,947,000) for categorical block grants for charter schools to be
expended consistent with the requirements specified in Item
6110-211-0001 of Section 2.00 of the Budget Act of 2009.
(8) Thirty-eight million seven hundred twenty thousand dollars
($38,720,000) for the School Safety Block Grant to be expended
consistent with the requirements specified in Schedule (1) of Item
6110-228-0001 of Section 2.00 of the Budget Act of 2009.
(9) Five hundred seventy million dollars ($570,000,000) for class
size reduction in kindergarten and grades 1 to 3, inclusive, to be
expended consistent with the requirements specified in Item
6110-234-0001 of Section 2.00 of the Budget Act of 2009.
(10) One hundred million one hundred eighteen thousand dollars
($100,118,000) for the Targeted Instructional Improvement Grant
Program to be expended consistent with the requirements specified in
Item 6110-246-0001 of Section 2.00 of the Budget Act of 2009.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2010-11 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2010-11 fiscal year.
SEC. 39. (a) Notwithstanding Sections 84320, 84321, and 84321.5 of
the Education Code and any other law that covers the regulations
adopted by the Chancellor of the California Community Colleges to
disburse funds, two hundred million dollars ($200,000,000) from the
payment of apportionments to districts pursuant to Sections 84320,
84321, and 84321.5 of the Education Code for July 2009, shall be
deferred to October 2009.
(b) Notwithstanding any other law, one billion dollars
($1,000,000,000) from the payment of apportionments pursuant to
Section 14041 of the Education Code for July 2009, to local
educational agencies that maintain kindergarten and any of grades 1
to 12, inclusive, shall be deferred to October 2009.
(c) Notwithstanding any other law, one billion five hundred
million dollars ($1,500,000,000) from the payment of apportionments
pursuant to Section 14041 of the Education Code for August 2009, to
local educational agencies that maintain kindergarten or any of
grades 1 to 12, inclusive, shall be deferred to October 2009.
(d) Notwithstanding subdivisions (b) and (c) and subject to the
approval of the Director of Finance, the Controller shall issue
warrants pursuant to Section 14041 of the Education Code that include
the full amount of the apportionment payments for the months of July
and August 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, 2009,
that the deferral of warrants pursuant to subdivisions (b) and (c)
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 of
the Education Code.
(e) Notwithstanding subdivision (a) and subject to the approval of
the Director of Finance, the Controller shall issue warrants
pursuant to Sections 84320, 84321, and 84321.5 of the Education Code
that include the full amount of the apportionment payments for the
month of July for a community college for which the Chancellor of the
California Community Colleges determines, in consultation with the
Director of Finance, on or before May 15, 2008, that the deferral of
warrants pursuant to subdivision (a) will present an imminent threat
to the fiscal integrity and security of the community college.
(f) This section shall apply to payments in the 2009-10 fiscal
year only.
SEC. 40. (a) Notwithstanding Sections 84320, 84321, and 84321.5 of
the Education Code and any other law that covers the regulations
adopted by the Chancellor of the California Community Colleges to
disburse funds, the payment of apportionments to districts pursuant
to Sections 84320, 84321, and 84321.5 of the Education Code for the
months of January and February, in the amount of one hundred fifteen
million dollars ($115,000,000) for each month, and the months of
March and April, in the amounts of fifty-five million dollars
($55,000,000) for each month, shall be deferred to July. The total
amount of these payments deferred to the month of July shall be three
hundred forty million dollars ($340,000,000).
(b) This section is retroactively operative commencing with the
2008-09 fiscal year.
SEC. 41. (a) The sum of five hundred forty million dollars
($540,000,000) is hereby appropriated from the General Fund to the
Board of Governors of the California Community Colleges for
apportionments to community college districts, for expenditure during
the 2010-11 fiscal year, to be expended in accordance with Schedule
(1) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2009.
(b) The disbursal of funds appropriated in subdivision (a) shall
be deferred until July of the 2010-11 fiscal year. This appropriation
and deferment represent one hundred fifteen million dollars
($115,000,000) of the January apportionment to community college
districts, one hundred fifteen million dollars ($115,000,000) of the
February apportionment to community college districts, fifty-five
million dollars ($55,000,000) of the March apportionment to community
college districts and fifty-five million dollars ($55,000,000) of
the April apportionment to community college districts, and two
hundred million dollars ($200,000,000) of the June apportionment to
community college districts.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2010-11 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2010-11 fiscal year.
SEC. 42. (a) For the 2008-09 and 2009-10 fiscal years, in order to
provide local budgeting flexibility as a result of budget reductions
made by the Legislature for the 2008-09 and 2009-10 fiscal years,
the governing board of a school district or county office of
education may use up to 100 percent of the balances, as of June 30,
2008, of restricted accounts in its general fund or cafeteria fund,
excluding restricted reserves committed for capital outlay, bond
funds, sinking funds, and federal funds, and excluding balances in
the following programs:
(1) Economic Impact Aid (Article 2 (commencing with Section 54020)
of Chapter 1 of Part 29 of Division 4 of Title 2 of the Education
Code).
(2) Targeted Instructional Improvement Grant (former Chapter 2.5
(commencing with Section 54200) of Part 29 of Division 4 of Title 2
of the Education Code).
(3) Instructional materials.
(4) Special education.
(5) Quality Education Investment Act of 2006 (Article 3.7
(commencing with Section 52055.700) of Chapter 6.1 of Part 28 of
Division 4 of Title 2 of the Education Code).
(6) California High School Exit Exam Intensive Intervention
Program.
(7) Home-to-school transportation.
(b) For purposes of this section, balances of restricted accounts
do not include the amounts deferred from the 2006-07 fiscal year to
the 2007-08 fiscal year or the amounts deferred from the 2007-08
fiscal year to the 2008-09 fiscal year.
(c) A governing board shall not use the ending balance in any
restricted account if that use would violate a federal maintenance of
effort requirement.
(d) This section does not obligate the state to refund or repay
funds used pursuant to this section. If a school district uses an
ending balance in a restricted account that consists, in whole or in
part, of funds reimbursed to the district as a subvention of funds
for a state-mandated local program, the school district shall not
submit a claim to the state for a subsequent reimbursement of the
funds that were reimbursed pursuant to Section 6 of Article XIII B of
the California Constitution and used pursuant to the authority
granted to a school district pursuant to this section.
(e) A governing board that elects to use balances in restricted
accounts pursuant to this section shall report to the Superintendent,
in a manner determined by the Superintendent, regarding the programs
and amounts of restricted balances used pursuant to subdivision (a).
The Superintendent shall report statewide information and
information for each school district and county office of education
to the Joint Legislative Budget Committee by October 31, 2009.
SEC. 43. (a) Notwithstanding any other provision of law, in order
to effectuate the General Fund savings associated with the reductions
in appropriations made by this act, the Superintendent of Public
Instruction shall reduce the principal apportionment for school
districts and county offices of education for the 2008-09 fiscal
year, as necessary, if both of the following occur during the 2008-09
fiscal year:
(1) The Controller has disbursed funds from the appropriations
reduced by this act in amounts greater than the amounts remaining in
those appropriations following the reductions.
(2) The Superintendent determines there is no other way to recover
the funds that have been disbursed prior to the end of the 2008-09
fiscal year.
(b) This section shall be broadly construed to effectuate its
purpose.
SEC. 44. (a) Notwithstanding Sections 42238.1 and 42238.15 of the
Education Code or any other law, the cost-of-living adjustment for
Items 6110-104-0001, 6110-105-0001, 6110-119-0001, 6110-122-0001,
6110-124-0001, 6110-128-0001, 6110-150-0001, 6110-156-0001,
6110-158-0001, 6110-161-0001, 6110-167-0001, 6110-181-0001,
6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-196-0001,
6110-203-0001, 6110-209-0001, 6110-211-0001, 6110-224-0001,
6110-232-0001, 6110-234-0001, 6110-244-0001, and 6110-246-0001 of
Section 2.00 of the Budget Act of 2009 is zero percent for the
2009-10 fiscal year. All funds appropriated in the Budget Act
of 2009 in the items
identified in this section are in lieu of the amounts that would
otherwise be appropriated pursuant to any other provision of law.
(b) Notwithstanding Section 42238.1 of the Education Code or any
other law, for purposes of Section 48664 of the Education Code the
cost-of-living adjustment is zero percent for the 2009-10 fiscal
year.
SEC. 45. Notwithstanding any other provision of law, the funds
appropriated pursuant to Items 6110-103-0001, 6110-104-0001,
6110-105-0001, 6110-124-0001, 6110-156-0001, 6110-158-0001,
6110-161-0001, 6110-190-0001, 6110-211-0001, 6110-234-0001, and
6110-243-0001 of Section 2.00 of the Budget Act of 2009 shall be
encumbered by July 31, 2010. This one-month extension of encumbrance
authority is provided due to the effect of the deferral of the June
2010 principal apportionment on the budget items specified in this
section. It is the intent of the Legislature that, by extending the
encumbrance authority for the funds identified in this section to
July 31, 2010, the funds will be treated in a manner consistent with
Section 1.80 of the Budget Act of 2009.
SEC. 46. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 19, 2008, pursuant to
subdivision (f) of Section 10 of Article IV of the California
Constitution.
SEC. 47. 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 make the necessary statutory changes to implement the
Budget Act of 2008 at the earliest time possible, it is necessary
that this act take effect immediately.