BILL NUMBER: SB 143	INTRODUCED
	BILL TEXT


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  2011-12 
   2012-13 and 2013-14  fiscal  year
  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  2010-11 
 previous  fiscal year.
   (b) Notwithstanding Sections 42284 and 42285, for purposes of this
section, with respect to a school district eligible to 
utilize   use  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. 
   (c) A school district applying pursuant to subdivision (a) shall
pursue any funding deferral exemptions for which it may be eligible.

  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.