Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1066

Introduced by Assembly Member Holden

February 22, 2013

An act begin insert to amend, repeal, and add Section 42238.5 of, to add Chapter 4 (commencing with Section 46400) to Part 26 of Division 4 of Title 2 of, and to repeal Section 46401 of, the Education Code, end insert relating to begin delete infrastructure end delete begin insert school finance end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1066, as amended, Holden. begin delete Infrastructure. end delete begin insert School finance: average daily enrollment. end insert

Existing law begin delete authorizes the legislative body of a city, a county, or a city and county to create infrastructure financing districts for the sole purpose of financing public facilities, as specified. end delete begin insert requires the use of average daily attendance to compute revenue limits and school funding apportionments, as specified. end insert

This bill would state the intent of the Legislature to begin delete promote infrastructure development. end delete begin insert equitably fund the services provided by each school district, county office of education, and charter school by the enrollment of pupils for which the school district, county office of education, or charter school is required to educate. The bill would replace average daily attendance with average daily enrollment, as defined, and would, commencing with the 2014-15 fiscal year, phase in the replacement of average daily attendance with average daily enrollment over 3 fiscal years, as specified. The bill would, commencing on July 1, 2016, provide that all statutory references to average daily attendance are deemed to refer to average daily enrollment, as defined. By requiring local educational agencies to use average daily enrollment instead of average daily attendance, the bill would impose a state-mandated local program. end insert

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature to equitably fund
the services provided by each school district, county office of
education, and charter school by the enrollment of pupils for which
the school district, county office of education, or charter school
is required to educate. In order to accomplish this purpose, it is
further the intent of the Legislature to commence a multiyear
process to transition from the collection and use of average daily
attendance to average daily enrollment. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 42238.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 loss or gain of average daily attendance due
to a reorganization or transfer of territory, or, commencing in the
1993-94 fiscal year begin delete , end delete 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 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.

begin delete

(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.

end delete begin insert

(c) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 42238.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 42238.5. end insert   

(a) From the 2014-15 fiscal year to the 2015-16
fiscal year, inclusive, for purposes of Section 42238, the fiscal
year average daily attendance, as determined pursuant to Section
46401, 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 loss or gain of average daily enrollment
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) 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) This section shall become operative on July 1, 2014, and
inoperative on July 1, 2016, and, as of January 1, 2017, is
repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2017, deletes or extends the dates on which
it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 42238.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 42238.5. end insert   

(a) Commencing with the 2016-17 fiscal year, for
purposes of Section 42238, the fiscal year average daily enrollment
shall be computed pursuant to paragraph (1) or (2).

(1) The second principal apportionment regular average daily
enrollment for either the current or prior fiscal year, whichever
is greater. However, prior fiscal year average daily enrollment
shall be adjusted for any loss or gain of average daily attendance
due to a reorganization or transfer of territory, or, for any change
in average daily enrollment for pupils who are concurrently
enrolled in adult programs and classes pursuant to Section
52616.17.

(2) Any school district that elects to receive funding pursuant
to Article 4 (commencing with Section 42280) shall compute its
units of average daily enrollment 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 enrollment computed pursuant
to paragraph (1).

(B) The units of average daily enrollment resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).

(b) For purposes of this article, regular average daily enrollment
shall be the base revenue limit average daily enrollment, excluding
summer school average daily enrollment.

(c) This section shall become operative on July 1, 2016.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Chapter 4 (commencing with Section 46400) is added
to Part 26 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4. end insert Average Daily Enrollment

 

begin insert 46400. end insert   

For purposes of this chapter, “average daily
enrollment” means the pupils in enrollment in the regular
schooldays of the school district, county office of education, or
charter school on the first day of the school year on which the
schools were in session, plus all later enrollees, minus all
withdrawals since that day.

begin insert 46401. end insert   

(a) From July 1, 2014, to June 30, 2015, inclusive, a
school district, county office of education, or charter school shall
compute its fiscal year average daily attendance pursuant to
Section 42238.5, as follows:

(1) Two-thirds of the fiscal year average daily attendance shall
be computed pursuant to Chapter 3 (commencing with Section
46300).

(2) One-third of the fiscal year average daily attendance shall
be computed pursuant to average daily enrollment, as defined in
Section 46400.

(b) From July 1, 2015, to June 30, 2016, inclusive, a school
district, county office of education, or charter school shall compute
its fiscal year average daily attendance pursuant to Section
42238.5, as follows:

(1) One-third of the fiscal year average daily attendance shall
be computed pursuant to Chapter 3 (commencing with Section
46300).

(2) Two-thirds of the fiscal year average daily attendance shall
be computed pursuant to average daily enrollment, as defined in
Section 46400.

(c) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin insert 46401. end insert   

(a) A school district, county office of education, or
charter school shall compute its fiscal year average daily
enrollment, as defined in Section 46400, for purposes of Section
42238.5.

(b) This section shall become operative on July 1, 2016.

begin insert 46402. end insert   

Commencing on July 1, 2016, all statutory references
to “average daily attendance” are deemed to refer to “average
daily enrollment,” as defined in Section 46400.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to promote
infrastructure development.

end delete