Amended in Assembly April 9, 2013

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 to begin insert amend Section 48262 of, to end insert 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, relating to school finance.

LEGISLATIVE COUNSEL’S DIGEST

AB 1066, as amended, Holden. School finance: average daily enrollment.

Existing law requires the use of average daily attendance to compute revenue limits and school funding apportionments, as specified.

This bill would state 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. 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.

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Existing law deems a pupil an habitual truant if the pupil has been reported as a truant 3 or more times per school year, except that a pupil may not be deemed an habitual truant unless an appropriate district officer or employee has made a conscientious effort, as defined, to hold at least one conference with the pupil and a parent or guardian of the pupil, as specified.

end insert begin insert

This bill would require the average daily enrollment funding of a pupil deemed a habitual truant, as specified, to be allocated for the sole purposes of securing pupil attendance and success in school by the governing board of a school district or county office of education, or the governing body of a charter school.

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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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

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 begin delete for which end delete
begin insert whom end insert 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.

SEC. 2.  

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 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 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 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.

SEC. 3.  

Section 42238.5 is added to the Education Code, to
read:

42238.5.  

(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.

SEC. 4.  

Section 42238.5 is added to the Education Code, to
read:

42238.5.  

(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.

SEC. 5.  

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

 

Chapter  4. Average Daily Enrollment

 

46400.  

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.

46401.  

(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.

46401.  

(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.

46402.  

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.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 48262 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48262.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert A end insert pupil is deemed begin delete an end delete begin insert a end insert habitual truant who
has been reported as a truant three or more times per school year,
provided that no pupil shall be deemed begin delete an end delete begin insert a end insert habitual truant unless
an appropriate district officer or employee has made a conscientious
effort to hold at least one conference with a parent or guardian of
the pupil and the pupil himself, after the filing of either of the
reports required by Section 48260 or Section 48261. For purposes
of this section, a conscientious effort means attempting to
communicate with the parents of the pupil at least once using the
most cost-effective method possible, which may include electronic
mail or a telephone call.

begin insert

(b) A pupil deemed a habitual truant under subdivision (a) shall
have all of his or her average daily enrollment funding allocated
for the sole purposes of securing pupil attendance and success in
school by the governing board of a school district or county office
of education, or the governing body of a charter school.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 7. end 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.