BILL NUMBER: SB 698	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 27, 2009

   An act  to amend Sections 2550.1 and 2558.46 of the Education
Code,  relating to juvenile court schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 698, as amended, Negrete McLeod. Juvenile court schools:
funding.
   Existing law provides for the administration and operation of
public schools in juvenile halls, juvenile homes, day centers,
juvenile ranches, juvenile camps, regional youth educational
facilities,  or   and  Orange County youth
correctional centers, as specified. Existing law requires the county
board of education to provide for the administration and operation of
juvenile court schools either by the county superintendent of
schools, as specified, or by contract with the respective governing
boards of the elementary, high school, or unified school district in
which the juvenile court school is located. 
   Existing law requires the Superintendent of Public Instruction to
compute an inflation adjusted revenue limit for juvenile court school
programs operated by a county superintendent of schools.  
   This bill would require for each reporting period the use of
average daily enrollment instead of average daily attendance in
computing the revenue limit for each such school. The bill would
define average daily enrollment.  
   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 7.839%, and for the 2009-10 fiscal year by a
deficit factor of 13.360%. 
   This bill would  state the intent of the Legislature to
enact legislation to develop an adequate funding formula to address
the specific educational needs of the state's wards who receive
educational services in these juvenile court schools  
exempt the revenue limit funding   generated by pupils
enrolled in juvenile court school programs from the deficit factor
reduction for the 2008-09 and 2009-10 fiscal years  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.   (a)    The
Legislature finds and declares all of the following: 
   (1) 
    (a)  Chapter 175 of the Statutes of 2007 redefined the
offenses for which a ward may be committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities.

   (2) 
    (b)  Over the past decade, the wards detained in county
facilities have become a higher cost population to serve than in
previous years. 
   (3) 
    (c)  The funding allocated for the education of wards
under the jurisdiction of the county juvenile court schools does not
adequately reflect the needs of these students. 
   (4) 
   (d)  Studies have shown that the educational success of
delinquent and probation youth dramatically reduces recidivism and
prevents entry into the Department of Corrections and Rehabilitation.

   (5) 
    (e)  Studies further show that the educational success
of delinquent and probation youth results in tremendous savings to
the state in social services, health care, and unemployment costs.

   (b) It is the intent of the Legislature to enact legislation that
would develop an adequate funding formula to address the specific
educational needs of the state's wards who receive educational
services pursuant to Article 2.5 (commencing with Section 48645) of
Chapter 4 of Part 27 of Division 4 of Title 2 of the Education Code.

   SEC. 2.    Section 2550.1 of the   Education
Code   is amended to read: 
   2550.1.  (a) Commencing with the 2002-03 fiscal year, and each
fiscal year thereafter, for juvenile court school programs operated
by county superintendents of schools pursuant to Article 2.5
(commencing with Section 48645) of Chapter 4 of Part 27 and for
county community school programs operated by county superintendents
of schools pursuant to Chapter 6.5 (commencing with Section 1980) of
Part 2, the Superintendent of Public Instruction shall make the
following computations:
   (1) Apply an inflation adjustment equal to the percentage increase
applied to the statewide average revenue limit for school districts
pursuant to Section 42238.1, multiplied by the revenue limits of the
prior fiscal year for each juvenile court school program and for each
county community school program, including programs with average
daily attendance for pupils enrolled pursuant to subdivision (c) of
Section 1981 that exceeds the average daily attendance claimed in the
1991-92 fiscal year.
   (2)  (A)  Multiply the revenue limits per unit of average
daily attendance computed in paragraph (1) by the number of units of
average daily attendance for each juvenile court school program and
county community school program operated in that same fiscal year.

   (B) For purposes of this paragraph, for each reporting period the
average daily attendance of pupils enrolled in juvenile court schools
operated pursuant to Article 2.5 (commencing with Section 48645) of
Chapter 4 of Part 27 of Division 4 of Title 2 shall be the average
daily enrollment. For purposes of this paragraph, "average daily
enrollment" means the sum of the daily count of wards of the court in
placement at a facility with a juvenile court school, as defined in
Section 48645.1, divided by the divisor specified for each reporting
period in subdivision (b) of Section 41601 for schools and classes
maintained by the county superintendent of schools. 
   (b) Cost-of-living adjustments to revenue limits per unit average
daily attendance in juvenile court school and county community school
programs operated by county superintendents of schools shall be
computed pursuant to paragraph (1) of subdivision (a) in fiscal years
in which appropriations are provided for that purpose.
   SEC. 3.    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.  Notwithstanding
this paragraph, the deficit factor reduction shall not be applied to
the revenue limit funding generated by pupils enrolled in juvenile
court school programs operated pursuant to Article 2.5 (commencing
with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2.

   (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.  Notwithstanding
this paragraph, the deficit factor reduction shall not be applied to
the   revenue limit funding generated by pupils enrolled in
juvenile court school programs operated pursuant to Article 2.5
(commencing with Section 48645) of Chapter 4 of Part 27 of Division 4
of Title 2. 
   (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).