BILL NUMBER: SB 361 CHAPTERED
BILL TEXT
CHAPTER 625
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE JUNE 1, 2011
PASSED THE ASSEMBLY AUGUST 30, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MARCH 31, 2011
INTRODUCED BY Senator Berryhill
(Principal coauthor: Assembly Member Halderman)
(Coauthor: Assembly Member Perea)
FEBRUARY 15, 2011
An act to amend Sections 42238.20 and 47612.7 of the Education
Code, relating to school funding.
LEGISLATIVE COUNSEL'S DIGEST
SB 361, 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
District, ineligible to receive charter school funding.
This bill would extend 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.
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 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 before
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 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 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 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 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 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, 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.