BILL NUMBER: SB 361	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2011

INTRODUCED BY   Senator Berryhill
   (Principal coauthor: Assembly Member Halderman)

                        FEBRUARY 15, 2011

   An act to amend  Section 42238.20   Sections
42238.20 and 47612.7  of the Education Code, relating to school
funding.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 361, as amended, Berryhill. School funding: minimum schoolday
 : Center for Advanced Research and Technology  .
   Existing law sets the minimum schoolday in a high school, except
certain schools, including a regional occupational center, and except
for pupils enrolled in a work experience education program, at 240
minutes.
   Existing law, until July 1, 2012, requires the Superintendent of
Public Instruction to compute an amount of funding for each pupil
concurrently enrolled in regular secondary school classes and classes
operating pursuant to a joint powers agreement that became effective
prior to January 1, 2008, for the period of time the pupil attends
classes pursuant to the joint powers agreement, by performing
specified calculations. Existing law requires, for these pupils, that
a 180-minute schoolday be computed and reported as attendance for
3/4 of the full 240-minute schoolday for purposes of those
calculations. Existing law requires that the number of hours of
instruction at regional occupational centers or programs that are
claimed for funding pursuant to these provisions be used, in addition
to specified hourly rates, in the computation of the average daily
attendance of the regional occupational center or program. 
Existing law, until July 1, 2012, makes the Center for Advanced
Research and Technology, operating pursuant to a joint powers
agreement between the Clovis Unified School District and the Fresno
Unified School Distri   ct, ineligible to receive charter
school funding. 
   This bill would extend  indefinitely   to
July 1, 2017,  the provisions regarding the  ineligibility
of the Center for Advanced Research and Technology for charter school
funding and the  computation of attendance for pupils
concurrently enrolled in regular secondary school classes and classes
operating pursuant to a joint powers agreement that became effective
prior to January 1, 2008.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 42238.20 of the Education Code is amended to
read:
   42238.20.  (a) Notwithstanding any other  provision of
 law, commencing in the 2008-09 fiscal year, the minimum
schoolday for a pupil concurrently enrolled in regular secondary
school classes and classes operating pursuant to a joint powers
agreement that became effective prior to January 1, 2008, is 180
minutes. These regular secondary school classes constitute regular
school classes for the purposes of Section 46010.3.
   (b) Notwithstanding any other  provision of  law,
for purposes of computing the average daily attendance of a pupil
described in subdivision (a), the 180-minute minimum schoolday
permitted by this section shall be computed and reported as
attendance for three-quarters of the full 240-minute minimum
schoolday prescribed by Section 46141.
   (c) For a pupil described in subdivision (a), the average daily
attendance shall be included as school district average daily
attendance computed pursuant to Section 42238.5.
   (d) (1) Commencing with the 2008-09 fiscal year, the
Superintendent shall compute funding for each pupil enrolled in
classes as described in subdivision (a), for the period of time each
day during which the pupil attends classes pursuant to a joint powers
agreement, by multiplying the annual clock hours of attendance, up
to a maximum of three clock hours per schoolday, by the rate
described in subdivision (e) or (f), as applicable.
   (2) The Superintendent shall add the amount computed pursuant to
paragraph (1) to the revenue limit calculated pursuant to Section
42238 for the school district of attendance of the pupil.
   (3) A pupil shall not generate apportionment credit pursuant to
this subdivision for more than 540 hours in any school year.
   (e) The hourly rate for the 2008-09 fiscal year shall be
determined as follows:
   (1) Subtract 73.3 percent of the school district revenue limit
funding per unit of average daily attendance computed pursuant to
Section 42238 for the 2007-08 fiscal year for the school districts
that entered into the joint powers agreement from the statewide
average revenue limit funding per unit of average daily attendance
received by high school districts computed pursuant to paragraph (1)
of subdivision (a) of Section 47633 for the 2007-08 fiscal year.
   (2) Divide the amount computed in paragraph (1) by 540.
   (3) Multiply the amount in paragraph (2) by the cost of living,
deficit factor, and equalization adjustments applied to revenue
limits for the 2008-09 fiscal year.
   (f) Commencing with the 2009-10 fiscal year, the hourly rate for
the current fiscal year shall be determined by multiplying the prior
year hourly rate by the cost of living, deficit factor, and
equalization adjustments applied to the current year revenue limit
computed pursuant to Section 42238.
   (g) For purposes of computing attendance pursuant to Section 46300
or any other provision of law, immediate supervision and control of
pupils while attending classes pursuant to a joint powers agreement
described in subdivision (a) is deemed satisfied regardless of the
school district employing the certificated employee providing the
supervision and control, provided the school district is a party to
the joint powers agreement.
   (h) The auditor who conducts the annual audit pursuant to Section
41020 shall verify compliance with the requirements of this section
by each school district that is a party to the joint powers agreement
as described in subdivision (a). An instance of noncompliance shall
be reported as an audit exception. If the noncompliance is a
condition of eligibility for the receipt of funds, the audit report
shall include a statement of the number of units of average daily
attendance or hours, if any, that were inappropriately reported for
apportionment.
   (i) Notwithstanding any other  provision of  law,
the number of hours of instruction at regional occupational centers
or programs that are claimed for funding pursuant to subdivision (d)
shall be used, in addition to the hourly rate determined pursuant to
subdivision (e) or (f), whichever subdivision is applicable, in the
computation of the average daily attendance of the regional
occupational center or program. 
    (j) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC.   2.    Section 47612.7 of the 
 Education Code   is amended to read: 
   47612.7.  (a) Notwithstanding Section 47612.5 or any other
 provision of  law, the Center for Advanced Research
and Technology, operating pursuant to a joint powers agreement
between the Clovis Unified School District and the Fresno Unified
School District, is eligible to receive general-purpose funding, as
calculated pursuant to Section 47633, for the 2005-06 and 2006-07
fiscal years for a total average daily attendance not to exceed the
center's average daily attendance as determined at the second
principal apportionment for the 2005-06 and 2006-07 fiscal years,
respectively, and for the 2007-08 fiscal year for a total average
daily attendance not to exceed the center's average daily attendance
as determined at the second principal apportionment for the 2006-07
fiscal year.
   (b) Commencing with the 2008-09 fiscal year, the Center for
Advanced Research and Technology, as described in subdivision (a), is
not eligible to receive funding pursuant to Chapter 6 (commencing
with Section 47630).
   (c) This section shall become inoperative on July 1,  2012
  2017  , and, as of January 1,  2013
  2018  , is repealed, unless a later enacted
statute, that becomes operative on or before January 1,  2013
  2018  , deletes or extends the dates on which it
becomes inoperative and is repealed.