BILL NUMBER: AB 368	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Morrell

                        FEBRUARY 14, 2013

   An act to amend Section 42238.5 of the Education Code, relating to
education finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 368, as introduced, Morrell. Education finance: computation of
average daily attendance.
   Existing law requires the county superintendent of school to
determine a revenue limit for each schools district in the county for
each fiscal year that is based, in part, on the average daily
attendance of the school district. Existing law requires, with
certain exceptions, the average daily attendance to be computed based
on the 2nd principal apportionment regular average daily attendance
for either the current or prior fiscal year, whichever is greater.
   This bill would make nonsubstantive changes to the provision
relating to the computation of average daily attendance.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 42238.5 of the Education Code is amended to
read:
   42238.5.  (a) For purposes of Section 42238, the fiscal year
average daily attendance shall be computed pursuant to paragraph (1)
or (2).
   (1) The second principal apportionment regular average daily
attendance for either the current or prior fiscal year, whichever is
greater. However, prior fiscal year average daily attendance shall be
adjusted for  any   a  loss or gain of
average daily attendance due to a reorganization or transfer of
territory, or, commencing in the 1993-94 fiscal year,  and
each fiscal year thereafter,  for any change in average
daily attendance for pupils who are concurrently enrolled in adult
programs and classes pursuant to Section 52616.17.
   (2)  Any   A  school district that
elects to receive funding pursuant to Article 4 (commencing with
Section 42280) shall compute its units of average daily attendance
for purposes of Section 42238 by subtracting the amount determined in
subparagraph (B) from the amount determined in subparagraph (A).
   (A) The units of average daily attendance computed pursuant to
paragraph (1).
   (B) The units of average daily attendance resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).
   (b) For purposes of this article, regular average daily attendance
shall be the base revenue limit average daily attendance, excluding
summer school average daily attendance.
   (c) For purposes of this section, for the 1998-99 fiscal year
only, the prior year average daily attendance shall be the 1997-98
regular average daily attendance, excluding absences excused pursuant
to subdivision (b) of Section 46010, as that subdivision read on
July 1, 1996.