Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 348

Introduced by Assembly Member Conway

February 13, 2013

An act to begin delete amend Section 41601.7 end delete begin insert add and repeal Section 42283.5 end insert of the Education Code, relating to begin delete high end delete school finance.

LEGISLATIVE COUNSEL’S DIGEST

AB 348, as amended, Conway. School finance: necessary small begin delete schools. end delete begin insert schools: Hot Springs Elementary School District. end insert

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(1) Existing law requires the county superintendent of schools to make certain computations for each necessary small school of each school district with less than 2,501 units of 2nd principal apportionment average daily attendance.

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This bill would, until July 1, 2018, deem Hot Springs Elementary School and Johnsondale Elementary School, which are within the Hot Springs Elementary School District, necessary small schools. The bill would, instead of the necessary small schools apportionment, apportion $150,000 each fiscal year to the Hot Springs Elementary School District for those 2 schools in addition to the amount per unit of average daily attendance received by the school district and calculated, as specified, if either school does not exceed 28 units of average daily attendance in any fiscal year.

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(2) This bill would make legislative findings and declarations as to the necessity of a special statute for Hot Springs Elementary School District.

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Existing law authorizes a school district with an increase or decrease in the number of units of average daily attendance at a necessary small high school from the second principal apportionment to the annual apportionment to request the county superintendent of schools to adjust the school district’s revenue limit or block grant by utilizing the units of average daily attendance for the annual apportionment for the necessary small high school in lieu of the units of average daily attendance for the second principal apportionment if specified conditions are met.

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This bill would make nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 42283.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 42283.5. end insert   

(a) Notwithstanding any provision of this article or
any other law, Hot Springs Elementary School and Johnsondale
Elementary School, which are within the Hot Springs Elementary
School District, each shall be deemed a necessary small school,
as defined in Section 42283. Instead of the amount calculated for
necessary small schools, and in addition to the amount per unit
of average daily attendance received by the Hot Springs
Elementary School District, as calculated pursuant to Article 2
(commencing with Section 42238), the Hot Springs Elementary
School District shall receive in each fiscal year, commencing with
the 2012-13 fiscal year, a seventy-five-thousand-dollar ($75,000)
apportionment for Hot Springs Elementary School and a
seventy-five-thousand-dollar ($75,000) apportionment for
Johnsondale Elementary School.

(b) If Hot Springs Elementary School or Johnsondale
Elementary School exceeds 28 units of average daily attendance
in a fiscal year, the school is no longer entitled to receive the
apportionments set forth in subdivision (a).

(c) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

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begin insert

begin insert SEC. 2. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances of the Hot
Springs Elementary School District.

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SECTION 1.  

Section 41601.7 of the Education Code is
amended to read:

41601.7.  

A school district with an increase or decrease in the
number of units of average daily attendance at a necessary small
high school from the second principal apportionment to the annual
apportionment may request the county superintendent of schools
to adjust the school district’s revenue limit or block grant by using
the units of average daily attendance for the annual apportionment
for the necessary small high school in lieu of the units of average
daily attendance for the second principal apportionment. To qualify
for this adjustment, the following conditions shall be met:

(1) The increase or decrease in the units of average daily
attendance between the two periods at the necessary small high
school shall be equal to or greater than 15 percent and such increase
or decrease shall be attributable to pupils attending a necessary
small high school that provides a program of education with
individualized instruction in a residential setting at an institution
for pupils who have been placed in foster care for rehabilitation
purposes pursuant to Chapter 2 (commencing with Section 200)
of Part 1 of Division 2 of the Welfare and Institutions Code.

(2) The school district reimburses the county superintendent of
schools for the administrative costs of making the adjustment
prescribed by this section.

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