Senate Bill No. 143

Introduced by Senator Fuller

January 30, 2013

An act to amend Section 42285.5 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 143, as introduced, Fuller. Education finance: necessary small high schools: average daily attendance.

Existing law establishes an education funding system under which the Superintendent of Public Instruction apportions to each qualifying school district state aid funds in an amount not to exceed its revenue limit, an amount that is largely based on the school district’s average daily attendance, which is computed as specified. Existing law authorizes specified school districts to calculate their revenue limits in a different manner if the school district includes a necessary small high school, which is defined as a high school with an average daily attendance of less than 301 that meets prescribed conditions. Existing law also authorizes a school district that includes a necessary small high school to include average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and number of certificated employees employed in the 2011-12 fiscal year if the school district included average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and certificated employees employed in the 2010-11 fiscal year. Existing law also authorizes charter schools and school districts to apply for an exemption from required funding deferrals, as specified.

This bill would instead authorize a school district that includes a necessary small high school to include average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and number of certificated employees employed in the 2012-13 and 2013-14 fiscal years if the school district included average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and certificated employees employed in the previous fiscal year. The bill would require a school district that chooses to include the average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils, as described above, to pursue any funding deferral exemptions for which it may be eligible.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 42285.5 of the Education Code is
amended to read:

42285.5.  

(a) For purposes of subdivision (a) of Section 42284
and Section 42285, a school district may include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number
of certificated employees employed in the begin delete 2011-12 end delete begin insert end insert begin insert 2012-13 and end insert
begin insert 2013-14 end insert fiscal begin delete year end delete begin insert years end insert if the school district included average
daily attendance in grades 7 and 8 and the instructors of grade 7
and 8 pupils in the calculation of average daily attendance and
certificated employees employed in the begin delete 2010-11 end delete begin insert previous end insert fiscal
year.

(b) Notwithstanding Sections 42284 and 42285, for purposes
of this section, with respect to a school district eligible to begin delete utilize end delete
begin insert use end insert subdivision (a), any references to grades 9 to 12, inclusive, in
Sections 42284 and 42285 shall be deemed instead to be references
to grades 7 to 12, inclusive.

begin insert

(c) A school district applying pursuant to subdivision (a) shall
pursue any funding deferral exemptions for which it may be
eligible.

end insert

SEC. 2.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to serve pupils without disrupting their education, and
to ensure the continuation of necessary small school funding for
grades 7 to 12, inclusive, it is necessary for this act to take effect
immediately.