Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 104


Introduced by Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O’Donnell, Rodriguez, Thurmond, Ting, and Williams)

January 9, 2015


begin deleteAn act relating to the Budget Act of 2015. end deletebegin insertAn act to amend Sections 2574, 2575, 8238, 8239, 8263.1, 8265, 8265.5, 8335, 8335.1, 8335.2, 8335.4, 8357, 8447, 10554, 17070.75, 41202, 41203.1, 41207.3, 41976, 42238, 42238.02, 42238.03, 44235, 47614.5, 48000, 49430.5, 51745.6, 52052, 52064.5, 52501.5, 52616, 53011, and 84830 of, to add Sections 41207.41, 60212, and 84920 to, to add Chapter 16.5 (commencing with Section 53070) to Part 28 of Division 4 of Title 2 of, to add Article 9 (commencing with Section 84900) to Chapter 5 of Part 50 of Division 7 of Title 3 of, and to repeal Sections 8335.5, 8335.7, and 84908 of, the Education Code, to amend Sections 17581.6 and 17581.8 of, and to add Section 17581.9 to, the Government Code, to amend Sections 33607.5 and 33607.7 of the Health and Safety Code, and to amend Section 11 of Chapter 325 of the Statutes of 2012, relating to education finance, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 104, as amended, Committee on Budget. begin deleteBudget Act of 2015. end deletebegin insertEducation finance: education omnibus trailer bill.end insert

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(1) Existing law provides supplemental funding to qualifying California state preschool classrooms, and requires a part-day preschool program to provide parenting education and to provide staff development for teachers in participating classrooms as a condition of receiving funds.

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This bill would include within the meaning of parenting education for these purposes improving parental knowledge of local resources for the identification of and services for developmental disabilities, and would include as part of staff development the development of improved behavioral strategies and the provision of interventions for young children to improve kindergarten readiness.

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(2) Existing law provides for income eligibility standards for families to receive child care and development services. Existing law provides that “income eligible,” for purposes of the Child Care and Development Services Act, means that a family’s adjusted monthly income is at or below 70% of the state median income, adjusted for family size, and adjusted annually. Notwithstanding this provision, existing law sets the income eligibility limits for the 2014-15 fiscal year at 70% of the state median income that was in use for the 2007-08 fiscal year, adjusted for family size.

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This bill would set the income eligibility limits for the 2015-16 fiscal year at 70% of the state median income that was in use for the 2007-08 fiscal year, adjusted for family size.

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(3) Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable child care standards and assigned reimbursement rates, and sets the standard reimbursement rate at $9,024.75 per unit of average daily enrollment for a 250-day year. Commencing with the 2015-16 fiscal year, existing law requires that rate to be increased by the cost-of-living adjustment granted by the Legislature annually.

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This bill would set the standard reimbursement rate at $9,572.50, and the full-day state preschool reimbursement rate at $9,632.50, per unit of average daily enrollment for a 250-day year and, commencing with the 2016-17 fiscal year, would require that rate to be increased by the cost-of-living adjustment granted by the Legislature annually.

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(4) Existing law applies various adjustment factors to specified programs, including programs for infants and toddlers, for which reimbursement rates are at or below the standard reimbursement rate, as provided.

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This bill would provide that these adjustment factors shall apply to those full-day state preschool programs for which assigned reimbursement rates are above the full-day state preschool reimbursement rate.

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(5) Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, requires the city and county, on or before December 31, 2014, to submit a final report to the Legislature and other specified entities that summarizes the impact of the plan, requires the city and county to phase out the plan and implement the state’s requirements for child care subsidies as of July 1, 2018, and provides for the repeal of those provisions on January 1, 2019.

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This bill would authorize the City and County of San Francisco to implement the individualized county child care subsidy plan indefinitely and would make conforming changes. The bill would make legislative findings and declarations regarding the need for special legislation for the City and County of San Francisco.

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(6) Existing law provides that the cost of child care services provided for CalWORKs recipients is governed by regional market rates, and establishes regional market rate ceilings for each region at the greater of either the 85th percentile of the 2009 regional market rate survey for that region, reduced by 10.11%, or the 85th percentile of the 2005 regional market rate survey for that region.

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This bill would, commencing October 1, 2015, increase the regional market rate ceilings established for each region by 4.5%. The bill would provide that, effective October 1, 2015, reimbursement to license-exempt child care providers shall not exceed 65% of the established regional market rate. The bill would require, commencing October 1, 2015, the regional market rate ceilings for all counties to be increased by 4.5%.

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(7) Existing law establishes the Educational Telecommunication Fund, moneys in which are available for expenditure upon appropriation for specified purposes relating to establishing telecommunication standards for state, county, and local educational agencies. Existing law provides for the deposit in the fund of the amount of any offset made to certain apportionments upon a specified finding, and limits the maximum amount that may be annually deposited in the fund from the offset to $15,000,000.

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This bill would repeal the provisions relating to the deposit of moneys into the fund.

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(8) Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The act requires the board to require applicant school districts that receive funding under the act to establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for ongoing and major maintenance of school buildings, and to agree to deposit into that account in each fiscal year for 20 years after receipt of funds under the act a minimum amount equal to or greater than 3% of the total general fund expenditures of the applicant school district for that fiscal year.

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This bill would require the board to require applicant school districts to instead deposit into the account, for the 2015-16 and 2016-17 fiscal years, a minimum amount that is the lesser of 3% of the total general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014-15 fiscal year. For the 2017-18 to 2019-20 fiscal years, inclusive, the bill would require the board to require applicant school districts to instead deposit into the account a minimum amount that is the greater of (1) the lesser of 3% of the total general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014-15 fiscal year or (2) 2% of the total general fund expenditures of the applicant school district for that fiscal year. The bill would make the existing minimum amount deposit requirement applicable to school districts that received an amount equal to or greater than 10% of state school facilities funds in specified prior years only under certain circumstances. The bill would specify that funds in the account may be used for drought mitigation purposes related to the implementation of a certain executive order of the Governor. The bill would also delete obsolete provisions.

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(9) Section 8 of Article XVI of the California Constitution sets forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts for each fiscal year. Existing law provides that “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” for purposes of that computation, include funds appropriated for part-day California state preschool programs and the After School Education and Safety Program.

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This bill would provide that those funds appropriated to local educational agencies to create a full day of care for children participating in the California state preschool program are also “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts” for purposes of that computation.

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(10) Existing law requires, for the 1990-91 fiscal year and each fiscal year thereafter, that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes that provision inapplicable to the 1992-93 to 2014-15 fiscal years, inclusive.

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This bill would also make that provision inapplicable to the 2015-16 fiscal year.

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(11) Existing law declares the minimum state education funding obligation for school districts and community college districts for the 2006-07 fiscal year is $55,251,266,000, with an outstanding balance of $211,533,000. Existing law, commencing with the 2015-16 fiscal year, requires the Legislature to appropriate the outstanding balance, as specified.

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This bill would appropriate $256,000,000 from the General Fund to the Controller for allocation to school districts and community college districts for the purpose of offsetting the entire 2006-07 outstanding balance referenced above, and offsetting the 2009-10 outstanding balance of the minimum funding obligation to school districts and community college districts, as specified.

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(12) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund, including, among other subject matters, classes and courses for adult education programs for apprentices.

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This bill would instead authorize for purposes of apportionments from the adult education fund programs offering pre-apprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area.

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(13) Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the total percentage of English language learners, pupils eligible for free or reduced-price meals, and foster youth served by county superintendents of schools, school districts, and charter schools. Existing law requires the Superintendent of Public Instruction to subtract certain amounts, including amounts from certain redevelopment revenues that are paid to these local educational agencies, from their base grants.

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Existing law provides, in calculating each community college district’s revenue level for each fiscal year, that the Board of Governors of the California Community Colleges shall subtract, from the total revenues otherwise owed to the community college districts, certain amounts, including certain redevelopment-related revenues that are allocated to community college districts and, for purposes of community college district revenue levels, that are considered property tax revenues.

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This bill would revise the provisions of the local control funding formula for county offices of education, school districts, and charter schools, and the provisions for a community college district’s revenue levels, that address the treatment of these redevelopment funds, as specified, including authorizing the expenditure of a portion of those funds for land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance.

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(14) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, and requires funds received for specified pupil transportation programs to be included as part of the formula.

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This bill would revise specified calculations for home-to-school transportation joint powers agencies that received certain apportionments in the 2012-13 fiscal year by authorizing the joint powers agencies to identify and transfer the entitlement to that funding, commencing with the 2015-16 fiscal year, to member local educational agencies, and would require the Superintendent of Public Instruction to add those amounts to the member local educational agencies’ local control funding formula allocations, as specified.

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(15) This bill would require the Superintendent of Public Instruction to reduce any home-to-school transportation funding of the county local control funding formula allocated to the Los Angeles County Superintendent of Schools by $2,785,448, and would require the Superintendent of Public Instruction to increase the home-to-school transportation funding of the school district local control funding formula for specified school districts in specified amounts.

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(16) Existing law provides for the levying of fees by the Commission on Teacher Credentialing for the issuance and renewal of teaching and service credentials, not to exceed $70.

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This bill would increase the maximum amount of the fee from $70 to $100.

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(17) Existing law requires the California School Finance Authority to administer the Charter School Facility Grant Program, and provides that the grant program is intended to provide assistance with facilities rent and lease costs for pupils in charter schools. Existing law provides that a charter schoolsite is eligible for funding under this provision if the charter schoolsite is located in the attendance area of a public elementary school in which 70% or more of the pupil enrollment is eligible for free or reduced-price meals, or if 70% of the pupil enrollment at the charter schoolsite is eligible for free or reduced-price meals, as measured using prior year data. Existing law further specifies that the grant program is to be expanded by reducing the 70% threshold if funds remain after eligible charter schools meeting the 70% requirement are funded.

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This bill would reduce the eligibility threshold to participate in the grant program from 70% to 55%. The bill would provide that a new charter school that was not operational in the prior year shall be eligible in the current year if it meets the free or reduced-price meal eligibility requirements based on current year data. The bill would delete the provisions providing for the expansion of the program specified above.

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(18) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program, and, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, requires the school district or charter school to comply with specified minimum age requirements for pupils participating in the transitional kindergarten program, including, for the 2014-15 school year and each school year thereafter, that the school district or charter school admit a child who will have his or her 5th birthday between September 2 and December 2. Existing law also specifies that a transitional kindergarten program shall not be construed as a new program or higher level of service.

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Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of certain categories of pupils, known as unduplicated pupils, served by the county superintendent of schools, school district, or charter school. Existing law includes among unduplicated pupils, a pupil who is classified as an English learner, eligible for a free or reduced-price meal, or a foster youth, as defined, and requires county superintendents of schools, school districts, and charter schools to submit and report data relating to these pupils.

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This bill would, for the 2015-16 school year and each school year thereafter, authorize a school district or charter school, at any time during the school year, to admit a child to a transitional kindergarten program who will have his or her 5th birthday after December 2 but during that same school year if certain conditions are met. The bill would prohibit a pupil admitted to a transitional kindergarten program pursuant to that provision from generating average daily attendance, or being included in the enrollment or unduplicated pupil count pursuant to the local control funding formula, until the pupil has attained his or her 5th birthday.

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(19) Existing law sets the reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools at $0.2248 per meal, and for meals served in child care centers and homes, at $0.1674 per meal.

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This bill would increase the reimbursement rate for elementary, middle, and high schools to $0.2271 per meal, and, for meals served in child care centers and homes, would increase the reimbursement rate to $0.1691 per meal.

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(20) Existing law requires the ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study, for the applicable grade span, as specified, not to exceed a specified ratio.

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This bill would delete grade spans as factors in the computation of the ratios.

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(21) Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop an Academic Performance Index, as specified, to measure the performance of schools and school districts. Existing law requires schools and school districts to demonstrate comparable improvement in academic achievement as measured by the Academic Performance Index by all numerically significant pupil subgroups at the school or school district, including ethnic subgroups, socioeconomically disadvantaged pupils, English learners, pupils with disabilities, and foster youth.

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This bill would add homeless youth to the list of numerically significant pupil subgroups designated in this provision and would specify that, for a subgroup of pupils who are homeless youth, a numerically significant pupil subgroup is one that consists of at least 15 pupils. To the extent that this bill would impose new duties on schools and school districts, it would constitute a state-mandated local program.

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(22) Existing law requires the State Board of Education, on or before October 1, 2015, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement.

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This bill would instead require the state board to adopt evaluation rubrics on or before October 1, 2016.

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(23) Existing law prohibits the expenditure of revenue derived from the average daily attendance of adult education programs for other than adult education purposes.

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This bill would authorize the expenditure of revenue derived from average daily attendance pursuant to the local control funding formula for adult education programs.

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(24) Existing law requires the State Department of Education to administer the California Career Pathways Trust as a competitive grant program for kindergarten and grades 1 to 14, inclusive.

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This bill would specify that funds appropriated in Item 6110-280-0001 of the Budget Act of 2014 for the Career Technical Education Pathways Grant Program shall be available for expenditure in the 2014-15 fiscal year to the 2016-17 fiscal year, inclusive.

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(25) Existing law authorizes secondary schools and postsecondary educational institutions to offer instruction in career technical education.

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This bill would establish the California Career Technical Education Incentive Grant Program, under the administration of the State Department of Education, as a state education and economic and workforce development initiative with the goal of providing pupils in kindergarten and grades 1 to 12, inclusive, with the knowledge and skills necessary to transition to employment and postsecondary education. The bill would establish criteria for the award of grants to school districts, county offices of education, charter schools, or regional occupational centers or programs operated by joint powers authorities under these provisions. The bill would appropriate specified amounts from the General Fund in the 2015-16, 2016-17, and 2017-18 fiscal years to the department for the award of grants.

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(26) Existing law establishes a process for the adoption of instructional materials, including instructional materials related to history-social science, for use in public elementary and secondary schools.

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This bill would, for purposes of adopting basic instructional materials for history-social science, require the State Department of Education to provide notice of the imposition of a fee, as specified, to all publishers and manufacturers known to produce basic instructional materials in history-social science. The bill would require that each publisher or manufacturer choosing to participate in the textbook adoption process be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program.

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(27) Existing law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults. Existing law requires the grant funds provided under this program to be used by each regional consortium to create and implement a plan to better provide adults in its region with certain skills, classes, courses, and programs, including, among other things, programs for apprentices.

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This bill would instead require the plan to better provide adults in the region with programs offering pre-apprenticeship training activities, as specified. To the extent that this bill would impose new duties on school districts and community college districts that participate in these regional consortia, it would constitute a state-mandated local program.

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(28) Existing law provides that adult schools and evening high schools shall consist of classes for adults. Existing law authorizes minors to be admitted into those classes pursuant to policies adopted by the governing board of the school district if those minors meet certain eligibility requirements.

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Existing law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults.

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This bill would establish the Adult Education Block Grant Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The bill would require the chancellor and the Superintendent, with the advice of the Executive Director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each adult education region, as specified.

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The bill would require the chancellor and the Superintendent, with the advice of the executive director, to approve, for each consortium, rules and procedures that adhere to prescribed conditions. The bill would require that, as a condition for the receipt of an apportionment of funds from this program for a particular fiscal year, members of a consortium to have approved an adult education plan, as specified.

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The bill, for the 2015-16 fiscal year, would require the chancellor and the Superintendent, with the concurrence of the executive director, to approve a schedule of allocations, and to apportion funds, to each consortium in accordance with prescribed calculations. The bill, for the 2016-17 fiscal year and each fiscal year thereafter, would require the chancellor and the Superintendent, with the advice of the executive director, to approve, within 15 days of the annual Budget Act and in accordance with prescribed criteria, a final schedule of allocations to each consortium under the program.

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The bill would require the chancellor and the Superintendent to submit to the Director of Finance, the State Board of Education, and the Legislature, no later than January 31, 2016, a plan approved by the chancellor and the Superintendent to distribute funds from specified federal programs to the consortia for purposes of the program proposed in this bill. The bill would also require the chancellor and the Superintendent to submit an annual report including specified data about the use of funds for the program and the outcomes for adults statewide and in each adult education region.

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This bill would, to the extent that one-time funding is made available in the Budget Act of 2015 for its purposes, require the chancellor and the Superintendent to identify common measures for determining the effectiveness of the members of each consortium in meeting the educational needs of adults, as specified. The bill would require the chancellor and the Superintendent to submit to the Director of Finance, the State Board of Education, and the appropriate fiscal and policy committees of the Legislature, no later than November 1, 2015, a report of its progress in this regard.

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The bill would require that 85% of the funds appropriated for purposes of these provisions be used for grants to consortia to establish systems or obtain data necessary to submit as required pursuant to a specified statute, and that 15% of the funds appropriated for purposes of these provisions be used for grants for development of statewide policies and procedures related to data collection or reporting or for technical assistance to consortia, or both.

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(29) Existing law requires certain funds appropriated in the annual Budget Act for reimbursement for the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, charter schools, and county offices of education, to support specified state-mandated local programs. Existing law provides that a school district, charter school, or county office of education that submits a letter requesting funding to the Superintendent of Public Instruction and receives this block grant funding is not eligible to submit a claim for reimbursement for those specified mandated programs for the fiscal year in which the block grant funding is received.

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This bill would revise the list of programs that are authorized for block grant funding in lieu of program-specific reimbursement, as specified.

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(30) This bill, for the 2014-15 fiscal year, would appropriate $287,149,000 from the General Fund to the Superintendent of Public Instruction for allocation to school districts, county offices of education, and charter schools, and appropriate $49,500,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts, for purposes of satisfying state-mandated local program reimbursement claims.

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The bill also would appropriate $3,098,455,000 from the General Fund to the Superintendent for allocation to school districts and county superintendents of schools, and $604,043,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts, as specified. The bill would authorize the governing boards of school districts and community college districts to expend these one-time funds for any purpose, as determined by a governing board.

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(31) Existing law authorizes the Inglewood Unified School District, until June 30, 2015, to sell property owned by the school district and use the proceeds to reduce or retire a specified emergency loan.

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This bill would extend the operation of those provisions to June 30, 2018. The bill would make legislative findings and declarations as to the necessity of a special statute for the Inglewood Unified School District.

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(32) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of certain categories of pupils, known as unduplicated pupils, served by the county superintendent of schools, school district, or charter school. Existing law requires the Superintendent of Public Instruction to calculate, for each county superintendent of schools, school district, and charter school, a base entitlement for the transition to the local control funding formula, and requires the Superintendent to determine the percentage of school districts that are apportioned base entitlement funding that is less than the amount calculated pursuant to the local control funding formula. If the percentage is less than 10%, existing law requires the Superintendent to apportion funding to school districts and charter schools equal to the amount calculated pursuant to the local control funding formula in that fiscal year and each fiscal year thereafter.

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This bill would declare the intent of the Legislature that when the local control funding formula is fully implemented, local educational agencies shall be required to report to the Superintendent for compilation on the State Department of Education’s Internet Web site (1) the amount of funds received on the basis of the number and concentration of unduplicated pupils in the current year and, to the extent available, prior fiscal years and (2) the amount of local control funding formula funds expended on services for unduplicated pupils in the current year and, to the extent available, prior fiscal years commencing with the 2013-14 fiscal year. By requiring local educational agencies to report certain information to the Superintendent, this bill would impose a state-mandated local program.

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(33) This bill would require an amount to be determined by the Director of Finance to be appropriated, on or before June 30, 2016, from the General Fund to the Superintendent of Public Instruction in the event that and up to the amount by which specified revenues distributed to local educational agencies for special education programs are less than the estimated amount reflected in the Budget Act of 2015. The bill would also require the Director of Finance to reduce the General Fund appropriation for these programs by the amount that these revenues exceed the estimated amount.

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(34) This bill would require the State Department of Education to convene, by September 1, 2015, a stakeholder group, composed as specified, to provide recommendations to streamline data and other reporting requirements for child care and early learning providers that contract with the department to provide state preschool and other state subsidized child care and early learning programs, as specified.

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(35) This bill would require the State Department of Education to convene, by September 1, 2015, a stakeholder group, composed as specified, to examine CalWORKs Stage 2, CalWORKs Stage 3, and alternative payment program child care contract requirements, program and fiscal audits, and the process by which contractors are informed of and implement new contract requirements, with the purpose of identifying redundancies and efficiencies in program implementation and reducing the workload in program administration, as specified.

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(36) This bill would appropriate the sum of $50,000 from the General Fund to the State Department of Education for payment of claims received in the 2013-14 and 2014-15 fiscal years pursuant to the requirements for conducting hearings relating to suspension or dismissal of certificated school employees.

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(37) This bill would appropriate the sum of $350,000 to the Superintendent of Public Instruction for support and development of evaluation rubrics for specified purposes relating to the implementation of local control and accountability plans.

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(38) In the 2009-10 and 2010-11 fiscal years, for a pupil of a charter school sponsored by a basic aid school district who resided in a school district other than a basic aid school district, the Superintendent of Public Instruction was required to apportion to the sponsoring school district an amount equal to 70% of the revenue limit funding per unit of average daily attendance that would have been apportioned to the school district in which the pupil resided, as specified. However, a basic aid school district that lost basic aid status as a result of required property tax transfers to charter schools was entitled to a pro rata share of that apportionment, calculated based on the ratio between (1) the amount of property taxes the school district would have received in excess of the revenue limit guarantee before required property tax transfers to charter schools and (2) the total amount of property taxes transferred to the charter schools that the school district sponsored.

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This bill would, for the 2009-10 and 2010-11 fiscal years, require that certain allocations from the county Supplemental Educational Revenue Augmentation Fund, created in 2009 and funded with specified redevelopment agency revenues, be treated as property taxes for purposes of calculating the ratio that determined the pro rata share of the apportionment for a basic aid school district that lost its basic aid status as a result of required property tax transfers to charter schools.

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(39) This bill would appropriate an additional $2,000,000 to the amount apportioned pursuant to the local control funding formula for the Los Angeles County Office of Education for the purpose of supporting professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.

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(40) This bill would specify that, of the amount allocated pursuant to a specified item in the Budget Act of 2012, $16,549,000 shall be allocated to fund the 2010-11 fiscal year maintenance of effort in the special education program, and $19,173,000 shall be allocated to fund the 2011-12 maintenance of effort in the special education program.

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(41) This bill would appropriate the sum of $10,000,000 from the General Fund to the Superintendent of Public Instruction on a one-time basis to apportion to a designated county office of education or two designated county offices of education applying jointly to provide technical assistance and to develop and disseminate statewide resources that encourage and assist local educational agencies and charter schools in establishing and aligning schoolwide, data-driven systems of learning and behavioral supports for the purpose of meeting the needs of California’s diverse learners in the most inclusive environments possible, as specified. The bill would provide that the designated county office of education or county offices of education shall, with the goal of maximizing their availability, efficacy, and usage across the state, identify existing evidence-based resources, professional development activities, and other efforts currently available, and develop new evidence-based resources and activities designed to help local educational agencies and charter schools across the state complete specified activities. The bill would require the designated county office of education or county offices of education, by September 30 of each fiscal year until the designated county office of education or county offices of education have fully expended the allocated funds, to submit an annual report to the Superintendent of Public Instruction summarizing how the designated county office of education or county offices of education used the allocated funds in the prior fiscal year.

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(42) This bill would appropriate the sum of $490,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to school districts, county offices of education, charter schools, and the state special schools, as provided, for specified teacher and administrator training and professional development. The bill would appropriate the sum of $10,000,000 from the General Fund to the Superintendent of Public Instruction to be provided to the K-12 High-Speed Network for the purpose of providing professional development and technical assistance to local educational agencies related to network management.

end insert
begin insert

(43) This bill would make conforming changes, correct cross-references, and make other nonsubstantive changes.

end insert
begin insert

(44) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

end insert
begin insert

(45) 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
begin insert

(46) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P17   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2574 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

2574.  

For the 2013-14 fiscal year and for each fiscal year
4thereafter, the Superintendent annually shall calculate a county
5local control funding formula for each county superintendent of
6schools as follows:

7(a) Compute a county office of education operations grant equal
8to the sum of each of the following amounts:

9(1) Six hundred fifty-five thousand nine hundred twenty dollars
10($655,920).

11(2) One hundred nine thousand three hundred twenty dollars
12($109,320) multiplied by the number of school districts for which
13the county superintendent of schools has jurisdiction pursuant to
14Section 1253.

15(3) (A) Seventy dollars ($70) multiplied by the number of units
16of countywide average daily attendance, up to a maximum of
1730,000 units.

18(B) Sixty dollars ($60) multiplied by the number of units of
19countywide average daily attendance for the portion of countywide
20average daily attendance, if any, above 30,000 units, up to a
21maximum of 60,000 units.

22(C) Fifty dollars ($50) multiplied by the number of units of
23countywide average daily attendance for the portion of countywide
24average daily attendance, if any, above 60,000, up to a maximum
25of 140,000 units.

26(D) Forty dollars ($40) multiplied by the number of units of
27countywide average daily attendance for the portion of countywide
28average daily attendance, if any, above 140,000 units.

29(E) For purposes of this section, countywide average daily
30attendance means the aggregate number of annual units of average
31daily attendance within the county attributable to all school districts
32for which the county superintendent of schools has jurisdiction
33pursuant to Section 1253, charter schools authorized by school
34districts for which the county superintendent of schools has
35jurisdiction, and charter schools authorized by the county
36superintendent of schools.

37(4) For the 2014-15 fiscal year and each fiscal year thereafter,
38adjust each of the rates provided in the prior year pursuant to
P18   1paragraphs (1), (2), and (3) by the percentage change in the annual
2average value of the Implicit Price Deflator for State and Local
3Government Purchases of Goods and Services for the United States,
4as published by the United States Department of Commerce for
5the 12-month period ending in the third quarter of the prior fiscal
6year. This percentage change shall be determined using the latest
7data available as of May 10 of the preceding fiscal year compared
8with the annual average value of the same deflator for the 12-month
9period ending in the third quarter of the second preceding fiscal
10year, using the latest data available as of May 10 of the preceding
11fiscal year, as reported by the Department of Finance.

12(b) Determine the enrollment percentage of unduplicated pupils
13pursuant to the following:

14(1) (A) For the 2013-14 fiscal year, divide the enrollment of
15unduplicated pupils in all schools operated by a county
16superintendent of schools in the 2013-14 fiscal year by the total
17enrollment in those schools in the 2013-14 fiscal year.

18(B) For the 2014-15 fiscal year, divide the sum of the enrollment
19of unduplicated pupils in all schools operated by a county
20 superintendent of schools in the 2013-14 and 2014-15 fiscal years
21by the sum of the total enrollment in those schools in the 2013-14
22and 2014-15 fiscal years.

23(C) For the 2015-16 fiscal year and each fiscal year thereafter,
24divide the sum of the enrollment of unduplicated pupils in all
25schools operated by a county superintendent of schools in the
26current fiscal year and the two prior fiscal years by the sum of the
27total enrollment in those schools in the current fiscal year and the
28two prior fiscal years.

29(D) (i) For purposes of the quotients determined pursuant to
30subparagraphs (B) and (C), the Superintendent shall use a county
31superintendent of schools’ enrollment of unduplicated pupils and
32total pupil enrollment in the 2014-15 fiscal year instead of the
33enrollment of unduplicated pupils and total pupil enrollment in
34the 2013-14 fiscal year if doing so would yield an overall greater
35percentage of unduplicated pupils.

36(ii) It is the intent of the Legislature to review each county office
37of education’s enrollment of unduplicated pupils for the 2013-14
38and 2014-15 fiscal years and provide one-time funding, if
39necessary, for a county office of education with higher enrollment
P19   1of unduplicated pupils in the 2014-15 fiscal year as compared to
2the 2013-14 fiscal year.

3(E) For purposes of determining the enrollment percentage of
4unduplicated pupils pursuant to this subdivision, enrollment in
5schools or classes established pursuant to Article 2.5 (commencing
6with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title
72 and the enrollment of pupils other than the pupils identified in
8clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (4)
9of subdivision (c), shall be excluded from the calculation of the
10enrollment percentage of unduplicated pupils.

11(F) The data used to determine the percentage of unduplicated
12pupils shall be final once that data is no longer used in the current
13fiscal year calculation of the percentage of unduplicated pupils.
14This subparagraph does not apply to a change that is the result of
15an audit that has been appealed pursuant to Section 41344.

16(2) For purposes of this section, an “unduplicated pupil” is a
17pupil who is classified as an English learner, eligible for a free or
18reduced-price meal, or a foster youth. For purposes of this section,
19the definitions in Section 42238.01 of an English learner, a pupil
20eligible for a free or reduced-price meal, and foster youth shall
21apply. A pupil shall be counted only once for purposes of this
22section if any of the following apply:

23(A) The pupil is classified as an English learner and is eligible
24for a free or reduced-price meal.

25(B) The pupil is classified as an English learner and is a foster
26youth.

27(C) The pupil is eligible for a free or reduced-price meal and is
28classified as a foster youth.

29(D) The pupil is classified as an English learner, is eligible for
30a free or reduced-price meal, and is a foster youth.

31(3) (A) Under procedures and timeframes established by the
32Superintendent, commencing with the 2013-14 fiscal year, a county
33superintendent of schools annually shall report the enrollment of
34unduplicated pupils, pupils classified as English learners, pupils
35eligible for free and reduced-price meals, and foster youth in
36schools operated by the county superintendent of schools to the
37Superintendent using the California Longitudinal Pupil
38Achievement Data System.

P20   1(B) The Superintendent shall make the calculations pursuant to
2this section using the data submitted through the California
3Longitudinal Pupil Achievement Data System.

4(C) The Controller shall include instructions, as appropriate, in
5the audit guide required by subdivision (a) of Section 14502.1, for
6determining if the data reported by a county superintendent of
7schools using the California Longitudinal Pupil Achievement Data
8System is consistent with pupil data records maintained by the
9county office of education.

10(c) Compute an alternative education grant equal to the sum of
11the following:

12(1) (A) For the 2013-14 fiscal year, a base grant equal to the
132012-13 per pupil undeficited statewide average juvenile court
14school base revenue limit calculated pursuant to Article 3
15(commencing with Section 2550) of Chapter 12, as that article
16read on January 1, 2013. For purposes of this subparagraph, the
172012-13 statewide average juvenile court school base revenue
18limit shall be considered final as of the annual apportionment for
19the 2012-13 fiscal year, as calculated for purposes of the
20certification required on or before February 20, 2014, pursuant to
21Sections 41332 and 41339.

22(B) Commencing with the 2013-14 fiscal year, the per pupil
23base grant shall be adjusted by the percentage change in the annual
24average value of the Implicit Price Deflator for State and Local
25Government Purchases of Goods and Services for the United States,
26as published by the United States Department of Commerce for
27the 12-month period ending in the third quarter of the prior fiscal
28year. This percentage change shall be determined using the latest
29data available as of May 10 of the preceding fiscal year compared
30with the annual average value of the same deflator for the 12-month
31period ending in the third quarter of the second preceding fiscal
32year, using the latest data available as of May 10 of the preceding
33fiscal year, as reported by the Department of Finance.

34(2) A supplemental grant equal to 35 percent of the base grant
35described in paragraph (1) multiplied by the enrollment percentage
36calculated in subdivision (b). The supplemental grant shall be
37expended in accordance with the regulations adopted pursuant to
38Section 42238.07.

P21   1(3) (A) A concentration grant equal to 35 percent of the base
2grant described in paragraph (1) multiplied by the greater of either
3of the following:

4(i) The enrollment percentage calculated in subdivision (b) less
550 percent.

6(ii) Zero.

7(B) The concentration grant shall be expended in accordance
8with the regulations adopted pursuant to Section 42238.07.

9(4) (A) Multiply the sum of paragraphs (1), (2), and (3) by the
10total number of units of average daily attendance for pupils
11attending schools operated by a county office of education,
12excluding units of average daily attendance for pupils attending
13schools or classes established pursuant to Article 2.5 (commencing
14with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title
152, who are enrolled pursuant to any of the following:

16(i) Probation-referred pursuant to Sections 300, 601, 602, and
17654 of the Welfare and Institutions Code.

18(ii) On probation or parole and not in attendance in a school.

19(iii) Expelled for any of the reasons specified in subdivision (a)
20or (c) of Section 48915.

21(B) Multiply the number of units of average daily attendance
22for pupils attending schools or classes established pursuant to
23Article 2.5 (commencing with Section 48645) of Chapter 4 of Part
2427 of Division 4 of Title 2 by the sum of the base grant calculated
25pursuant to paragraph (1), a supplemental grant equal to 35 percent
26of the base grant calculated pursuant to paragraph (1), and a
27concentration grant equal to 17.5 percent of the base grant
28calculated pursuant to paragraph (1). Funds provided for the
29supplemental and concentration grants pursuant to this calculation
30shall be expended in accordance with the regulations adopted
31pursuant to Section 42238.07.

32(C) Add the amounts calculated in subparagraphs (A) and (B).

33(d) Add the amount calculated in subdivision (a) to the amount
34calculated in subparagraph (C) of paragraph (4) of subdivision (c).

35(e) Add all of the following to the amount calculated in
36subdivision (d):

37(1) The amount of funding a county superintendent of schools
38received for the 2012-13 fiscal year from funds allocated pursuant
39to the Targeted Instructional Improvement Block Grant program,
40as set forth in Article 6 (commencing with Section 41540) of
P22   1Chapter 3.2 of Part 24 of Division 3 of Title 2, as that article read
2on January 1, 2013.

3(2) (A) begin insert(i)end insertbegin insertend insert The amount of funding a county superintendent of
4schools received for the 2012-13 fiscal year from funds allocated
5pursuant to the Home-to-School Transportation program, as set
6forth inbegin insert formerend insert Article 2 (commencing with Section 39820) of
7Chapter 1 of Part 23.5 of Division 3 of Title 2,begin insert formerend insert Article 10
8(commencing with Section 41850) of Chapter 5 of Part 24 of
9Division 3 of Title 2, and the Small School District Transportation
10program, as set forth inbegin insert formerend insert Article 4.5 (commencing with
11Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as
12those articles read on January 1, 2013.

begin insert

13(ii) If a home-to-school transportation joint powers agency,
14established pursuant to Article 1 (commencing with Section 6500)
15of Chapter 5 of Division 7 of Title 1 of the Government Code for
16purposes of providing pupil transportation, received an
17apportionment directly from the Superintendent pursuant to Item
186110-111-0001 of Section 2.00 of the Budget Act of 2012, as
19identified in clause (i) of subparagraph (A) of paragraph (2) of
20subdivision (a) of Section 2575, the joint powers agency may
21identify the member local educational agencies and transfer
22entitlement to that funding to any of those member local
23educational agencies by reporting to the Superintendent, on or
24before September 30, 2015, the reassignment of a specified amount
25of the joint powers agency’s 2012-13 fiscal year entitlement to
26the member local educational agency. Commencing with the
272015-16 fiscal year, the Superintendent shall add the reassigned
28amounts to the amounts calculated pursuant to this paragraph.

end insert

29(B) On or before March 1, 2014, the Legislative Analyst’s Office
30shall submit recommendations to the fiscal committees of both
31houses of the Legislature regarding revisions to the methods of
32funding pupil transportation that address historical funding
33inequities across county offices of education and school districts
34and improve incentives for local educational agencies to provide
35efficient and effective pupil transportation services.

36(3) The difference determined by subtracting the amount
37calculated pursuant to paragraph (1) of subdivision (c) for pupils
38attending a school that is eligible for funding pursuant to paragraph
39(2) of subdivision (b) of Section 42285 from the amount of funding
P23   1that is provided to eligible schools pursuant to Section 42284, if
2the difference is positive.

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2575 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert

5

2575.  

(a) Commencing with the 2013-14 fiscal year and for
6each fiscal year thereafter, the Superintendent shall calculate a
7base entitlement for the transition to the county local control
8funding formula for each county superintendent of schools based
9on the sum of the amounts computed pursuant to paragraphs (1)
10to (3), inclusive, as adjusted pursuant to paragraph (4):

11(1) Revenue limits in the 2012-13 fiscal year pursuant to Article
123 (commencing with Section 2550) of Chapter 12, as that article
13read on January 1, 2013, adjusted only for changes in average daily
14attendance claimed by the county superintendent of schools for
15pupils identified in clauses (i), (ii), and (iii) of subparagraph (A)
16of paragraph (4) of subdivision (c) of Section 2574 and for pupils
17attending juvenile court schools. For purposes of this paragraph,
18the calculation of an amount per unit of average daily attendance
19for pupils attending juvenile court schools shall be considered final
20for purposes of this section as of the annual apportionment for the
212012-13 fiscal year, as calculated for purposes of the certification
22required on or before February 20, 2014, pursuant to Sections
2341332 and 41339. All other average daily attendance claimed by
24the county superintendent of schools and any other average daily
25attendance used for purposes of calculating revenue limits pursuant
26to Article 3 (commencing with Section 2550) of Chapter 12, as
27that article read on January 1, 2013, shall be considered final for
28purposes of this section as of the annual apportionment for the
292012-13 fiscal year, as calculated for purposes of the certification
30required on or before February 20, 2014, pursuant to Sections
3141332 and 41339.

32(2) The sum of all of the following:

33(A) begin insert(i)end insertbegin insertend insert The amount of funding received from appropriations
34contained in Section 2.00 of the Budget Act of 2012, as adjusted
35by Section 12.42, in the followingbegin delete items:end deletebegin insert Items:end insert 6110-104-0001,
366110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001,
376110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
386110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
396110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
406110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
P24   16110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
26110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
36110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
46110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001,
56110-268-0001, and 6360-101-0001, 2012-13 fiscal year funding
6for the Class Size Reduction Program pursuant to Chapter 6.10
7(commencing with Section 52120) of Part 28 of Division 4 of Title
82, as that chapter read on January 1, 2013, and 2012-13 fiscal year
9funding for pupils enrolled in community day schools who are
10mandatorily expelled pursuant to subdivision (d) of Section 48915.
11For purposes of this subparagraph, the 2012-13 fiscal year
12appropriations described in this subparagraph shall be considered
13final as of the annual apportionment for the 2012-13 fiscal year,
14as calculated for purposes of the certification required on or before
15February 20, 2014, pursuant to Sections 41332 and 41339.

begin insert

16(ii) If a home-to-school transportation joint powers agency,
17established pursuant to Article 1 (commencing with Section 6500)
18of Chapter 5 of Division 7 of Title 1 of the Government Code for
19purposes of providing pupil transportation, received an
20apportionment directly from the Superintendent pursuant to Item
216110-111-0001 of Section 2.00 of the Budget Act of 2012, as
22identified in clause (i), the joint powers agency may identify the
23member local educational agencies and transfer entitlement to
24that funding to any of those member local educational agencies
25by reporting to the Superintendent, on or before September 30,
262015, the reassignment of a specified amount of the joint powers
27agency’s 2012-13 fiscal year entitlement to the member local
28educational agency. Commencing with the 2015-16 fiscal year,
29the Superintendent shall add the reassigned amounts to the
30amounts calculated pursuant to this paragraph. These funds shall
31be subject to the requirements specified in paragraph (1) of
32subdivision (k).

end insert

33(B) The amount of local revenues used to support a regional
34occupational center or program established and maintained by a
35county superintendent of schools pursuant to Section 52301.

36(3) For the 2014-15 fiscal year and for each fiscal year
37thereafter, the sum of the amounts apportioned to the county
38 superintendent of schools pursuant to subdivision (f) in all prior
39years.

P25   1(4) The revenue limit amount determined pursuant to paragraph
2(1) shall be increased by the difference determined by subtracting
3the amount provided per unit of average daily attendance in
4paragraph (1) for pupils attending a school that is eligible for
5funding pursuant to paragraph (2) of subdivision (b) of Section
642285 from the amount of funding that was provided to eligible
7schools in the 2012-13 fiscal year pursuant to Sections 42284 and
842238.146, as those sections read on January 1, 2013.

9(b) The Superintendent shall annually compute a county local
10control funding formula transition adjustment for each county
11superintendent of schools as follows:

12(1) Subtract the amount computed pursuant to subdivision (a)
13from the amount computed pursuant to subdivision (e) of Section
142574. A difference of less than zero shall be deemed to be zero.

15(2) Divide the difference for each county superintendent of
16schools calculated pursuant to paragraph (1) by the total sum of
17the differences for all county superintendents of schools calculated
18pursuant to paragraph (1).

19(3) Multiply the proportion calculated for each county
20superintendent of schools pursuant to paragraph (2) by the amount
21of funding specifically appropriated for purposes of subdivision
22(f). The amount calculated shall not exceed the difference for the
23county superintendent of schools calculated pursuant to paragraph
24(1).

25(c) The Superintendent shall subtract from the amount calculated
26pursuant to subdivision (a) the sum of each of the following:

27(1) Local property tax revenues received pursuant to Section
282573 in the then current fiscal year.

29(2) Any amounts that the county superintendent of schools was
30required to maintain as restricted and not available for expenditure
31in the 1978-79 fiscal year as specified in the second paragraph of
32subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978,
33as amended by Chapter 51 of the Statutes of 1979.

34(3) The amount received pursuant to subparagraph (C) of
35paragraph (3) of subdivision (a) of Section 33607.5 of the Health
36and Safety Code that is considered property taxes pursuant to that
37section.

38(4) The amount, if any, received pursuant to Sections 34177,
3934179.5, 34179.6, 34183, and 34188 of the Health and Safety
40Code.

P26   1(5) The amount, if any, received pursuant to subparagraph (B)
2of paragraph (3) of subdivision (e) of Section 36 of Article XIII
3of the California Constitution.

4(d) The Superintendent shall subtract from the amount computed
5pursuant to subdivision (e) of Section 2574 the sum of the amounts
6computed pursuant to paragraphs (1) to (5), inclusive, of
7subdivision (c).

8(e) The Superintendent shall annually apportion to each county
9superintendent of schools the amount calculated pursuant to
10subdivision (c) unless the amount computed pursuant to subdivision
11(c) is negative. If the amount computed is negative, except as
12provided in subdivision (f), an amount of property tax of the county
13superintendent of schools equal to the negative amount shall be
14deemed restricted and not available for expenditure during the
15fiscal year. In the following fiscal year, that amount, excluding
16any amount of funds used for purposes of subdivision (f), shall be
17considered restricted local property tax revenue for purposes of
18subdivision (a) of Section 2578. State aid shall not be apportioned
19to the county superintendent of schools pursuant to this subdivision
20if the amount computed pursuant to subdivision (c) is negative.

21(f) (1) The Superintendent shall apportion, from an
22appropriation specifically made for this purpose, the amount
23computed pursuant to subdivision (b), or, if the amount computed
24pursuant to subdivision (c) is negative, the sum of the amounts
25computed pursuant to subdivisions (b) and (c) if the sum if greater
26than zero.

27(2) The Superintendent shall apportion any portion of the
28appropriation made for purposes of paragraph (1) that is not
29apportioned pursuant to paragraph (1) pursuant to the following
30calculation:

31(A) Add the amount calculated pursuant to subdivision (b) to
32the amount computed pursuant to subdivision (a) for a county
33superintendent of schools.

34(B) Subtract the amount computed pursuant to subparagraph
35(A) from the amount computed pursuant to subdivision (e) of
36Section 2574 for the county superintendent of schools.

37(C) Divide the difference for the county superintendent of
38schools computed pursuant to subparagraph (B) by the sum of the
39differences for all county superintendents of schools computed
40pursuant to subparagraph (B).

P27   1(D) Multiply the proportion computed pursuant to subparagraph
2(C) by the unapportioned balance in the appropriation. That product
3shall be the county superintendent of schools’ proportion of total
4need.

5(E) Apportion to each county superintendent of schools the
6amount calculated pursuant to subparagraph (D), or if subdivision
7(c) is negative, apportion the sums of subdivisions (b) and (c) and
8subparagraph (D) of this subdivision if the sum is greater than
9zero.

10(F) The Superintendent shall repeat the computation made
11pursuant to this paragraph, accounting for any additional amounts
12apportioned after each computation, until the appropriation made
13for purposes of paragraph (1) is fully apportioned.

14(G) The total amount apportioned pursuant to this subdivision
15to a county superintendent of schools shall not exceed the
16difference for the county superintendent of schools calculated
17pursuant to paragraph (1) of subdivision (b).

18(H) For purposes of this paragraph, the proportion of need that
19is funded from any appropriation made specifically for purposes
20of this subdivision in the then current fiscal year shall be considered
21fixed as of the second principal apportionment for that fiscal year.
22Adjustments to a county superintendent of schools’ total need
23computed pursuant to subparagraph (D) after the second principal
24apportionment for the then current fiscal year shall be funded based
25on the fixed proportion of need that is funded for that fiscal year
26pursuant to this subdivision, and shall be continuously appropriated
27pursuant to Section 14002.

28(g) (1) For a county superintendent of schools for whom, in the
292013-14 fiscal year, the amount computed pursuant to subdivision
30(c) is less than the amount computed pursuant to subdivision (d),
31in the first fiscal year following the fiscal year in which the sum
32of the apportionments computed pursuant to subdivisions (e) and
33(f) is equal to, or greater than, the amount computed pursuant to
34subdivision (d) of this section, the Superintendent shall apportion
35to the county superintendent of schools the amount computed in
36subdivision (d) in that fiscal year and each fiscal year thereafter
37instead of the amounts computed pursuant to subdivisions (e) and
38(f).

39(2) For a county superintendent of schools for whom, in the
402013-14 fiscal year, the amount computed pursuant to subdivision
P28   1(c) is greater than the amount computed pursuant to subdivision
2(d), in the first fiscal year in which the amount computed pursuant
3to subdivision (c) would be less than the amount computed pursuant
4to subdivision (d), the Superintendent shall apportion to the county
5superintendent of schools the amount computed in subdivision (d)
6in that fiscal year and each fiscal year thereafter instead of the
7amounts computed pursuant to subdivisions (e) and (f).

8(3) In each fiscal year, the Superintendent shall determine the
9percentage of county superintendents of schools that are
10apportioned funding that is less than the amount computed pursuant
11to subdivision (d), as of the second principal apportionment of the
12fiscal year. If the percentage is less than 10 percent, the
13Superintendent shall apportion to those county superintendents of
14schools funding equal to the amount computed in subdivision (d)
15in that fiscal year and for each fiscal year thereafter instead of the
16amounts calculated pursuant to subdivisions (e) and (f).

17(4) Commencing with the first fiscal year after the
18apportionments in paragraph (3) are made, the adjustments in
19paragraph (4) of subdivision (a) of Section 2574 and subparagraph
20(B) of paragraph (1) of subdivision (c) of Section 2574 shall be
21made only if an appropriation for those purposes is included in the
22annual Budget Act.

23(5) If the calculation pursuant to subdivision (d) is negative and
24the Superintendent apportions to a county superintendent of schools
25the amount computed pursuant to subdivision (d) pursuant to
26paragraph (1), (2), or (3) of this subdivision, an amount of property
27tax of the county superintendent of schools equal to the negative
28amount shall be deemed restricted and not available for expenditure
29during that fiscal year. In the following fiscal year the restricted
30amount shall be considered restricted local property tax revenue
31for purposes of subdivision (a) of Section 2578.

32(h) Commencing with the 2013-14 fiscal year, the
33Superintendent shall apportion to a county superintendent of
34schools an amount of state aid, including any amount apportioned
35pursuant to subdivisions (f) and (g), that is no less than the amount
36calculated in subparagraph (A) of paragraph (2) of subdivision (a).

37(i) (1) For the 2013-14 and 2014-15 fiscal years only, a county
38superintendent of schools who, in the 2012-13 fiscal year, from
39any of the funding sources identified in paragraph (1) or (2) of
40subdivision (a), received funds on behalf of, or provided funds to,
P29   1a regional occupational center or program joint powers agency
2established in accordance with Article 1 (commencing with Section
36500) of Chapter 5 of Division 7 of Title 1 of the Government
4Code for purposes of providing instruction to pupils enrolled in
5grades 9 to 12, inclusive, shall not redirect that funding for another
6purpose unless otherwise authorized by law or pursuant to an
7agreement between the regional occupational center or program
8joint powers agency and the contracting county superintendent of
9schools.

10(2) For the 2013-14 and 2014-15 fiscal years only, if a regional
11 occupational center or program joint powers agency established
12in accordance with Article 1 (commencing with Section 6500) of
13Chapter 5 of Division 7 of Title 1 of the Government Code for
14purposes of providing instruction to pupils enrolled in grades 9 to
1512, inclusive, received, in the 2012-13 fiscal year, an
16apportionment of funds directly from any of the funding sources
17identified in subparagraph (A) of paragraph (2) of subdivision (a),
18the Superintendent shall apportion that same amount to the regional
19occupational center or program joint powers agency.

20(j) For the 2013-14 and 2014-15 fiscal years only, a county
21superintendent of schools who, in the 2012-13 fiscal year, from
22any of the funding sources identified in paragraph (1) or (2) of
23subdivision (a), received funds on behalf of, or provided funds to,
24a home-to-school transportation joint powers agency established
25in accordance with Article 1 (commencing with Section 6500) of
26Chapter 5 of Division 7 of Title 1 of the Government Code for
27purposes of providing pupil transportation shall not redirect that
28funding for another purpose unless otherwise authorized by law
29or pursuant to an agreement between the home-to-school
30transportation joint powers agency and the contracting county
31superintendent of schools.

32(k) (1) In addition to subdivision (j), of the funds a county
33superintendent of schools receives for home-to-school
34transportation programs, the county superintendent of schools shall
35expend, pursuant tobegin insert formerend insert Article 2 (commencing with Section
3639820) of Chapter 1 of Part 23.5 of Division 3 of Title 2,begin insert formerend insert
37 Article 10 (commencing with Section 41850) of Chapter 5 of Part
3824 of Division 3 of Title 2, and the Small School District
39Transportation program, as set forth inbegin insert formerend insert Article 4.5
40(commencing with Section 42290) of Chapter 7 of Part 24 of
P30   1Division 3 of Title 2,begin insert as those articles read on January 1, 2013,end insert
2 no less for those programs than the amount of funds the county
3superintendent of schools expended for home-to-school
4transportation in the 2012-13 fiscal year.

5(2) For the 2013-14 and 2014-15 fiscal years only, if a
6home-to-school transportation joint powers agency established in
7accordance with Article 1 (commencing with Section 6500) of
8Chapter 5 of Division 7 of Title 1 of the Government Code for
9purposes of providing pupil transportation received, in the 2012-13
10fiscal year, an apportionment of funds directly from the
11Superintendent from any of the funding sources identified in
12subparagraph (A) of paragraph (2) of subdivision (a), the
13Superintendent shall apportion that same amount to the
14home-to-school transportation joint powers agency.

15(3) For the 2013-14 and 2014-15 fiscal years only, of the funds
16a county superintendent of schools receives for purposes of regional
17occupational centers or programs, or adult education, the county
18superintendent of schools shall expend no less for each of those
19programs than the amount of funds the county superintendent of
20schools expended for purposes of regional occupational centers
21or programs, or adult education, respectively, in the 2012-13 fiscal
22year. For purposes of this paragraph, a county superintendent of
23schools may include expenditures made by a school district within
24the county for purposes of regional occupational centers or
25programs so long as the total amount of expenditures made by the
26 school districts and the county superintendent of schools equals
27or exceeds the total amount required to be expended for purposes
28of regional occupational centers or programs pursuant to this
29paragraph and paragraph (7) of subdivision (a) of Section 42238.03.

30(l) The funds apportioned pursuant to this section and Section
312574 shall be available to implement the activities required
32pursuant to Article 4.5 (commencing with Section 52060) of
33Chapter 6.1 of Part 28 of Division 4 of Title 2.

34begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8238 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
35read:end insert

36

8238.  

As a condition of receipt of funds pursuant to Section
378238.4, a participating part-day preschool program shall coordinate
38the provision of all of the following:

39(a) Opportunities for parents and legal guardians to work with
40their children on interactive literacy activities. For purposes of this
P31   1subdivision, “interactive literacy activities” means activities in
2which parents or legal guardians actively participate in facilitating
3the acquisition by their children of prereading skills through guided
4activities such as shared reading, learning the alphabet, and basic
5vocabulary development.

6(b) Parenting education for parents and legal guardians of
7children in participating classrooms to support the development
8by their children of literacy skills. Parenting education shall
9include, but not be limited to, instruction in all of the following:

10(1) Providing support for the educational growth and success
11of their children.

12(2) Improving parent-school communications and parental
13understanding of school structures and expectations.

14(3) Becoming active partners with teachers in the education of
15their children.

begin insert

16(4) Improving parental knowledge of local resources for the
17identification of and services for developmental disabilities,
18including, but not limited to, contact information for school district
19special education referral.

end insert

20(c) Referrals, as necessary, to providers of instruction in adult
21education and English as a second language in order to improve
22the academic skills of parents and legal guardians of children in
23participating classrooms.

24(d) Staff development for teachers in participating classrooms
25that includes, but is not limited to, all of the following:

26(1) Development of a pedagogical knowledge, including, but
27not limited to, improved instructionalbegin insert and behavioralend insert strategies.

28(2) Knowledge and application of developmentally appropriate
29assessments of the prereading skills of children in participating
30classrooms.

31(3) Information on working with families, including the use of
32onsite coaching, for guided practice in interactive literacy activities.

begin insert

33(4) Providing targeted interventions for all young children to
34improve kindergarten readiness upon program completion.

end insert
35begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8239 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
36read:end insert

37

8239.  

begin insert(a)end insertbegin insertend insert The Superintendent shall encourage state preschool
38program applicants or contracting agencies to offer full-day
39services through a combination of part-day preschool slots and
40wraparound general child care and development programs. In order
P32   1to facilitate abegin delete full-dayend deletebegin insert full dayend insert of services, all of the following shall
2apply:

begin delete

3(a)

end delete

4begin insert(1)end insert Part-day preschool programs provided pursuant to this
5section shall operate between 175 and 180 days.

begin delete

6(b)

end delete

7begin insert(2)end insert Wraparound general child care and development programs
8provided pursuant to this section may operate a minimum of 246
9days per year unless the child development contract specified a
10lower minimum days of operation. Part-day general child care and
11development programs may operate abegin delete full-dayend deletebegin insert full dayend insert for the
12remainder of the year after the completion of the preschool
13program.

begin delete

14(c)

end delete

15begin insert(3)end insert Part-day preschool services combined with wraparound child
16care services shall be reimbursed atbegin delete no more than the full-day
17standard reimbursementend delete
begin insert a baseend insert ratebegin delete for general child care programs
18with adjustment factors,end delete
begin insert determinedend insert pursuant to Section 8265 and
19begin delete as determinedend delete in the annual Budgetbegin delete Act.end deletebegin insert Act, using adjustment
20factors pursuant to Section 8265.5.end insert

begin delete

21(d)

end delete

22begin insert(4)end insert Three- and four-year-old children are eligible for wraparound
23child care services to supplement the part-day California state
24preschool program if the family meets at least one of the criteria
25specified in paragraph (1) of subdivision (a) of Section 8263, and
26the parents meet at least one of the criteria specified in paragraph
27(2) of subdivision (a) of Section 8263.

begin delete

28(e)

end delete

29begin insert(b)end insert For purposes of this section, “wraparound child care
30services” and “wraparound general child care and development
31programs” mean services provided for the remaining portion of
32the day or remainder of the year following the completion of
33part-day preschool services that are necessary to meet the child
34care needs of parents eligible pursuant to subdivision (a) of Section
358263. These services shall be provided consistent with the general
36child care and development programs provided pursuant to Article
378 (commencing with Section 8240).

38begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8263.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
39read:end insert

P33   1

8263.1.  

(a) For purposes of this chapter, “income eligible”
2means that a family’s adjusted monthly income is at or below 70
3percent of the state median income, adjusted for family size, and
4adjusted annually.

5(b) Notwithstanding any other law, for the 2011-12 fiscal year,
6the income eligibility limits that were in effect for the 2007-08
7fiscal year shall be reduced to 70 percent of the state median
8income that was in use for the 2007-08 fiscal year, adjusted for
9family size, effective July 1, 2011.

10(c) Notwithstanding any other law, for thebegin delete 2012-13end deletebegin insert 2012-13,
112013-14, 2014-15, and 2015-16end insert
fiscalbegin delete year,end deletebegin insert years,end insert the income
12eligibility limits shall be 70 percent of the state median income
13that was in use for the 2007-08 fiscal year, adjusted for family
14size.

begin delete end deletebegin delete

15(d) Notwithstanding any other law, for the 2013-14 fiscal year,
16the income eligibility limits shall be 70 percent of the state median
17income that was in use for the 2007-08 fiscal year, adjusted for
18family size.

end delete
begin delete end deletebegin delete end deletebegin delete

19(e) Notwithstanding any other law, for the 2014-15 fiscal year,
20the income eligibility limits shall be 70 percent of the state median
21income that was in use for the 2007-08 fiscal year, adjusted for
22family size.

end delete
begin delete end deletebegin delete

23(f)

end delete

24begin insert(d)end insert The income of a recipient of federal supplemental security
25income benefits pursuant to Title XVI of the federal Social Security
26Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
27benefits pursuant to Title XVI of the federal Social Security Act
28and Chapter 3 (commencing with Section 12000) of Part 3 of
29Division 9 of the Welfare and Institutions Code shall not be
30included as income for purposes of determining eligibility for child
31care under this chapter.

32begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 8265 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert

34

8265.  

(a) The Superintendent shall implement a plan that
35establishes reasonable standards and assigned reimbursement rates,
36which vary with the length of the program year and the hours of
37service.

38(1) Parent fees shall be used to pay reasonable and necessary
39costs for providing additional services.

P34   1(2) When establishing standards and assigned reimbursement
2rates, the Superintendent shall confer with applicant agencies.

3(3) The reimbursement system, including standards and rates,
4shall be submitted to the Joint Legislative Budget Committee.

5(4) The Superintendent may establish any regulations he or she
6deems advisable concerning conditions of service and hours of
7enrollment for children in the programs.

8(b) The standard reimbursement rate shall be nine thousand
9begin delete twenty-fourend deletebegin insert five hundred seventy-twoend insert dollars andbegin delete seventy-fiveend deletebegin insert fiftyend insert
10 centsbegin delete ($9,024.75)end deletebegin insert ($9,572.50)end insert per unit of average daily enrollment
11for a 250-daybegin insert year and, commencing with the 2016-17 fiscalend insert year,
12begin insert shall be increased by the cost-of-living adjustment granted by the
13Legislature annually pursuant to Section 42238.15. The full-day
14state preschool reimbursement rate shall be nine thousand six
15hundred thirty-two dollarsend insert
andbegin insert fifty cents ($9,632.50) per unit of
16average daily enrollment for a 250-day year and,end insert
commencing
17with thebegin delete 2015-16end deletebegin insert 2016-17end insert fiscal year, shall be increased by the
18cost-of-living adjustment granted by the Legislature annually
19pursuant to Section 42238.15.

20(c) The plan shall require agencies having an assigned
21reimbursement rate above the current year standard reimbursement
22rate to reduce costs on an incremental basis to achieve the standard
23reimbursement rate.

24(d) begin insert(1)end insertbegin insertend insert The plan shall provide for adjusting reimbursement on
25a case-by-case basis, in order to maintain service levels for agencies
26 currently at a rate less than the standard reimbursement rate.
27Assigned reimbursement rates shall be increased only on the basis
28of one or more of the following:

begin delete

29(1)

end delete

30begin insert(A)end insert Loss of program resources from other sources.

begin delete

31(2)

end delete

32begin insert(B)end insert Need of an agency to pay the same child care rates as those
33prevailing in the local community.

begin delete

34(3)

end delete

35begin insert(C)end insert Increased costs directly attributable to new or different
36regulations.

begin delete

37(4)

end delete

38begin insert(D)end insert Documented increased costs necessary to maintain the prior
39year’s level of service and ensure the continuation of threatened
40programs.

P35   1begin insert(2)end insertbegin insertend insert Child care agencies funded at the lowest rates shall be given
2first priority for increases.

3(e) The plan shall provide for expansion of child development
4programs at no more than the standard reimbursement rate for that
5 fiscal year.

6(f) The Superintendent may reduce the percentage of reduction
7for a public agency that satisfies any of the following:

8(1) Serves more than 400 children.

9(2) Has in effect a collective bargaining agreement.

10(3) Has other extenuating circumstances that apply, as
11determined by the Superintendent.

12begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 8265.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
13 read:end insert

14

8265.5.  

(a) In order to reflect the additional expense of serving
15children who meet any of the criteria outlined in paragraphs (1)
16to (7), inclusive, of subdivision (b) the provider agency’s reported
17child days of enrollment for these children shall be multiplied by
18the adjustment factors listed below.

19(b) The adjustment factors shall apply tobegin insert a full-day state
20preschool program andend insert
those programs for which assigned
21reimbursement rates are at or below the standard reimbursement
22rate. In addition, the adjustment factors shall apply to those
23programs for which assigned reimbursement rates are above the
24standard reimbursement rate, but the reimbursement rate, as
25adjusted, shall not exceed the adjusted standard reimbursement
26rate.begin insert The adjustment factors shall apply to those full-day state
27preschool programs for which assigned reimbursement rates are
28above the full-day state preschool reimbursement rate, but the
29reimbursement rate, as adjusted, shall not exceed the adjusted
30full-day state preschool reimbursement rate.end insert

31(1) For infants who are 0 to 18 months of age and are served in
32a child day care center, the adjustment factor shall be 1.7.

33(2) For toddlers who are 18 to 36 months of age and are served
34in a child day care center, the adjustment factor shall be 1.4.

35(3) For infants and toddlers who are 0 to 36 months of age and
36are served in a family child care home, the adjustment factor shall
37be 1.4.

38(4) For children with exceptional needs who are 0 to 21 years
39of age, the adjustment factor shall be 1.2.

P36   1(5) For severely disabled children who are 0 to 21 years of age,
2the adjustment factor shall be 1.5.

3(6) For a child at risk of neglect, abuse, or exploitation who are
40 to 14 years of age, the adjustment factor shall be 1.1.

5(7) For limited-English-speaking and non-English-speaking
6children who are 2 years of age through kindergarten age, the
7adjustment factor shall be 1.1.

8(c) Use of the adjustment factors shall not increase the provider
9agency’s total annual allocation.

10(d) Days of enrollment for children having more than one of
11the criteria outlined in paragraphs (1) to (7), inclusive, of
12subdivision (b) shall not be reported under more than one of the
13above categories.

14(e) The difference between the reimbursement resulting from
15the use of the adjustment factors outlined in paragraphs (1) to (7),
16inclusive, of subdivision (b) and the reimbursement that would
17otherwise be received by a provider in the absence of the
18adjustment factors shall be used for special and appropriate services
19for each child for whom an adjustment factor is claimed.

20begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 8335 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

8335.  

The City and County of San Franciscobegin delete may, as a pilot
23project,end delete
begin insert mayend insert develop and implement an individualized county child
24care subsidy plan. The plan shall ensure that child care subsidies
25received by the city and county are used to address local needs,
26conditions, and priorities of working families in the community.

27begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8335.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
28read:end insert

29

8335.1.  

Before implementing the local subsidy plan, the City
30and County of San Francisco, in consultation with the department,
31shall develop an individualized county child care subsidy plan for
32the city and county that includes the following four elements:

33(a) An assessment to identify the city and county’s goal for its
34subsidized child care system. The assessment shall examine
35whether the current structure of subsidized child care funding
36adequately supports working families in the city and county and
37whether the city and county’s child care goals coincide with the
38state’s requirements for funding, eligibility, priority, and
39reimbursement. The assessment shall also identify barriers in the
40state’s child care subsidy system that inhibit the city and county
P37   1from meeting its child care goals. In conducting the assessment,
2the city and county shall consider all of the following:

3(1) The general demographics of families who are in need of
4child care, including employment, income, language, ethnic, and
5family composition.

6(2) The current supply of available subsidized child care.

7(3) The level of need for various types of subsidized child care
8services including, but not limited to, infant care, after-hours care,
9and care for children with exceptional needs.

10(4) The city and county’s self-sufficiency income level.

11(5) Income eligibility levels for subsidized child care.

12(6) Family fees.

13(7) The cost of providing child care.

14(8) The regional market rates, as established by the department,
15for different types of child care.

16(9) The standard reimbursement rate or state per diem for centers
17operating under contracts with the department.

18(10) Trends in the county’s unemployment rate and housing
19affordability index.

20(b) Development of a local policy to eliminate state-imposed
21regulatory barriers to the city and county’s achievement of its
22desired outcomes for subsidized child care.

23(1) The local policy shall do all of the following:

24(A) Prioritize lowest income families first.

25(B) Follow the family fee schedule established pursuant to
26begin delete subdivision (f) ofend delete Sectionbegin delete 8263end deletebegin insert 8273end insert for those families that are
27income eligible, as defined by Section 8263.1.

28(C) Meet local goals that are consistent with the state’s child
29care goals.

30(D) Identify existing policies that would be affected by the city
31and county’s child care subsidy plan.

32(E) (i) Authorize any agency that provides child care and
33development services in the city and county through a contract
34with the department to apply to the department to amend existing
35contracts in order to benefit from the local policy once it is adopted.

36(ii) The department shall approve an application to amend an
37existing contract if the child care subsidy plan is approved pursuant
38to subdivision (b) of Section 8335.3, or modified pursuant to
39subdivision (c) of Section 8335.3.

P38   1(iii) The contract of a department contractor who does not elect
2to request an amendment to its contract remains operative and
3enforceable.

4(2) (A) The city and county shall, by the end of the first fiscal
5year of operation under the approved child care subsidy plan,
6demonstrate an increase in the aggregate child days of enrollment
7in the county as compared to the enrollment in the final quarter of
8the 2004-05 fiscal year.

9(B) The amount of the increase shall be at least equal to the
10aggregate child days of enrollment in the final quarter of the
112004-05 fiscal year for all contracts amended as provided in
12subparagraph (E) of paragraph (1), under which the contractor
13receives an increase in its reimbursement rate, times 2 percent.

14(C) The amount of the increase shall also be proportional to the
15total contract maximum reimbursable amount to reflect the changes
16in the budget allocation for each fiscal year of thebegin delete pilot project.end delete
17begin insert plan.end insert

18(3) The local policy may supersede state law concerning child
19care subsidy programs with regard only to the following factors:

20(A) Eligibility criteria including, but not limited to, age, family
21size, time limits, income level, inclusion of former and current
22CalWORKs participants, and special needs considerations, except
23that the local policy may not deny or reduce eligibility of a family
24that qualifies for child care pursuant to Section 8353. Under the
25local policy, a family that qualifies for child care pursuant to
26Section 8354 shall be treated for purposes of eligibility and fees
27in the same manner as a family that qualifies for subsidized child
28care on another basis pursuant to the local policy.

29(B) Fees including, but not limited to, family fees, sliding scale
30fees, and copayments for those families that are not income eligible,
31as defined by Section 8263.1.

32(C) Reimbursement rates.

33(D) Methods of maximizing the efficient use of subsidy funds,
34including, but not limited to, multiyear contracting with the
35department for center-based child care, and interagency agreements
36that allow for flexible and temporary transfer of funds among
37agencies.

38(c) Recognition that all funding sources utilized by direct service
39contractors that provide child care and development services in
P39   1the city and county are eligible to be included in the child care
2subsidy plan of the city and county.

3(d) Establishment of measurable outcomes to evaluate the
4success of the plan to achieve the city and county’s child care goals
5and to overcome any barriers identified in the state’s child care
6subsidy system. The State Department of Social Services shall
7have an opportunity to review and comment on the proposed
8measurable outcomes before they are submitted to the local child
9care planning council for approval pursuant to Section 8335.3.

10begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 8335.2 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
11read:end insert

12

8335.2.  

To ensure that the annualbegin delete and final reportsend deletebegin insert reportend insert
13 required pursuant to Section 8335.4begin delete provideend deletebegin insert providesend insert useful
14comparative information, the Legislative Analyst and the Senate
15Office of Research shall review the evaluation design, the baseline
16data, and the data collection proposed in the child care subsidy
17plan of the City and County of San Francisco before the plan is
18submitted to the local planning council as defined in subdivision
19(g) of Section 8499, for approval pursuant to Section 8335.3.

20begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 8335.4 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

8335.4.  

(a) Upon approval of the plan by the Child
23Development Division of the department, the City and County of
24San Francisco shall annually prepare and submit to the Legislature,
25the State Department of Social Services, and the department a
26report that summarizes the success of thebegin delete pilot projectend deletebegin insert planend insert and
27the city and county’s ability to maximize the use of funds and to
28improve and stabilize child care in the city and county.

29(b) The City and County of San Francisco shall submit a report
30to the Legislature, the State Department of Social Services, and
31the department on or before December 31, 2014. The report shall
32summarize the impact of the plan on the child care needs of
33working families in the city and county, evaluate the pilot project’s
34operation between the 2011-12 and 2013-14 fiscal years, and
35provide a recommendation as to whether the pilot project should
36continue as a permanent program.

37begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 8335.5 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
38

8335.5.  

The City and County of San Francisco may implement
39an individualized county child care subsidy plan as a pilot project
40pursuant to this article until July 1, 2016, at which date the city
P40   1and county shall terminate the plan. From July 1, 2016, to July 1,
22018, inclusive, the city and county shall phase out the
3individualized county child care subsidy plan and, beginning July
41, 2018, shall implement the state’s requirements for child care
5subsidies. A child enrolling for the first time for subsidized child
6care in the city and county on and after July 1, 2016, shall not be
7enrolled in the pilot project established pursuant to this article, and
8is subject to existing state laws and regulations regarding child
9care eligibility and priority.

end delete
10begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 8335.7 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
11

8335.7.  

This article shall become inoperative on July 1, 2018,
12and as of January 1, 2019, is repealed, unless a later enacted statute,
13that is enacted before January 1, 2019, deletes or extends the dates
14on which it becomes inoperative and is repealed.

end delete
15begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 8357 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
16read:end insert

17

8357.  

(a) The cost of child care services provided under this
18article shall be governed by regional market rates. Recipients of
19child care services provided pursuant to this article shall be allowed
20to choose the child care services of licensed child care providers
21or child care providers who are, by law, not required to be licensed,
22and the cost of that child care shall be reimbursed by counties or
23agencies that contract with thebegin delete State Department of Educationend delete
24begin insert departmentend insert if the cost is within the regional market rate. For
25purposes of this section, “regional market rate” means care costing
26no more than 1.5 market standard deviations above the mean cost
27of care for that region.begin delete The regional market rate ceilings shall be
28established at the 85th percentile of the 2005 regional market rate
29survey for that region. Commencing Januaryend delete
begin insert Until Octoberend insert 1,
302015, the regional market rate ceilings shall be established at the
31greater of either the 85th percentile of the 2009 regional market
32rate survey for that region, reduced by 10.11 percent, or the 85th
33percentile of the 2005 regional market rate survey for that region.
34begin insert Commencing October 1, 2015, the regional market rate ceilings
35shall be established at 104.5 percent of the greater of either of the
36following:end insert

begin insert

37(1) The 85th percentile of the 2009 regional market rate survey
38for that region, reduced by 10.11 percent.

end insert
begin insert

39(2) The 85th percentile of the 2005 regional market rate survey
40for that region.

end insert

P41   1(b) begin deleteReimbursement end deletebegin insertUntil October 1, 2015, the reimbursement end insert
2to license-exempt child care providers shall not exceed 60 percent
3of the family child care home rate established pursuant to
4subdivision (a), effective July 1, 2011.begin insert Commencing October 1,
52015, reimbursement to license-exempt child care providers shall
6not exceed 65 percent of the family child care home rate
7established pursuant to subdivision (a).end insert

8(c) Reimbursement to child care providers shall not exceed the
9fee charged to private clients for the same service.

10(d) Reimbursement shall not be made for child care services
11when care is provided by parents, legal guardians, or members of
12the assistance unit.

13(e) A child care provider located on an Indian reservation or
14rancheria and exempted from state licensing requirements shall
15meet applicable tribal standards.

16(f) For purposes of this section, “reimbursement” means a direct
17payment to the provider of child care services, including
18license-exempt providers. If care is provided in the home of the
19recipient, payment may be made to the parent as the employer,
20and the parent shall be informed of his or her concomitant legal
21and financial reporting requirements. To allow time for the
22development of the administrative systems necessary to issue direct
23payments to providers, for a period not to exceed six months from
24the effective date of this article, a county or an alternative payment
25agency contracting with thebegin delete State Department of Educationend delete
26begin insert departmentend insert may reimburse the cost of child care services through
27a direct payment to a recipient of aid rather than to the child care
28provider.

29(g) Counties and alternative payment programs shall not be
30bound by the rate limits described in subdivision (a) when there
31are, in the region, no more than two child care providers of the
32type needed by the recipient of child care services provided under
33this article.

34(h) begin insert(1)end insertbegin insertend insert Notwithstanding any other law, reimbursements to child
35care providers based upon a daily rate may only be authorized
36under either of the following circumstances:

begin delete

37(1)

end delete

38begin insert(A)end insert A family has an unscheduled but documented need of six
39hours or more per occurrence, such as the parent’s need to work
P42   1on a regularly scheduled day off, that exceeds the certified need
2for child care.

begin delete

3(2)

end delete

4begin insert(B)end insert A family has a documented need of six hours or more per
5day that exceeds no more than 14 days per month. In no event shall
6reimbursements to a provider based on the daily rate over one
7month’s time exceed the provider’s equivalent full-time monthly
8rate or applicable monthly ceiling.

begin delete

9(3)

end delete

10begin insert(2)end insert This subdivision shall not limit providers from being
11reimbursed for services using a weekly or monthly rate, pursuant
12to subdivision (c) of Section 8222.

13begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 8447 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert

15

8447.  

(a) The Legislature hereby finds and declares that greater
16efficiencies may be achieved in the execution of state subsidized
17child care and development program contracts with public and
18private agencies by the timely approval of contract provisions by
19the Department of Finance, the Department of General Services,
20and thebegin delete State Department of Educationend deletebegin insert departmentend insert and by
21authorizing thebegin delete State Department of Educationend deletebegin insert departmentend insert to
22establish a multiyear application, contract expenditure, and service
23review as may be necessary to provide timely service while
24preserving audit and oversight functions to protect the public
25welfare.

26(b) (1) The Department of Finance and the Department of
27General Services shall approve or disapprove annual contract
28funding terms and conditions, including both family fee schedules
29and regional market rate schedules that are required to be adhered
30to by contract, and contract face sheets submitted by thebegin delete State
31Department of Educationend delete
begin insert departmentend insert not more than 30 working
32days from the date of submission, unless unresolved conflicts
33remain between the Department of Finance, thebegin delete State Department
34of Education,end delete
begin insert department,end insert and the Department of General Services.
35Thebegin delete State Department of Educationend deletebegin insert departmentend insert shall resolve
36conflicts within an additional 30 working day time period.
37Contracts and funding terms and conditions shall be issued to child
38care contractors no later than June 1. Applications for new child
39care funding shall be issued not more than 45 working days after
P43   1the effective date of authorized new allocations of child care
2moneys.

3(2) Notwithstanding paragraph (1), until January 1, 2015, the
4State Department of Education shall implement the regional market
5rate schedules based upon the county aggregates, as determined
6by the Regional Market survey conducted in 2005. Commencing
7January 1, 2015, thebegin delete State Department of Educationend deletebegin insert departmentend insert
8 shall implement the regional market rate schedules based upon the
985th percentile of county aggregates, as determined by the Regional
10Market survey conducted in 2009. Commencing January 1, 2015,
11the regional market rate schedule developed pursuant to this
12paragraph shall be reduced by 10.11 percent. If a ceiling for a
13county is less than the ceiling provided for that county before
14January 1, 2015, thebegin delete State Department of Educationend deletebegin insert departmentend insert
15 shall use the ceiling from the Regional Market survey conducted
16in 2005.begin insert Commencing October 1, 2015, the regional market rate
17ceilings for all counties shall be increased by 4.5 percent.end insert

18(3) It is the intent of the Legislature to fully fund the third stage
19of child care for former CalWORKs recipients.

20(c) With respect to subdivision (b), it is the intent of the
21Legislature that the Department of Finance annually review
22contract funding terms and conditions for the primary purpose of
23ensuring consistency between child care contracts and the child
24care budget. This review shall include evaluating any proposed
25changes to contract language or other fiscal documents to which
26the contractor is required to adhere, including those changes to
27terms or conditions that authorize higher reimbursement rates,
28modify related adjustment factors, modify administrative or other
29service allowances, or diminish fee revenues otherwise available
30for services, to determine if the change is necessary or has the
31potential effect of reducing the number of full-time equivalent
32children that may be served.

33(d) Alternative payment child care systems, as set forth in Article
343 (commencing with Section 8220), shall be subject to the rates
35established in the Regional Market Rate Survey of California Child
36Care Providers for provider payments. Thebegin delete State Department of
37Educationend delete
begin insert departmentend insert shall contract to conduct and complete a
38Regional Market Rate Survey no more frequently than once every
39two years, consistent with federal regulations, with a goal of
40completion by March 1.

P44   1(e) By March 1 of each year, the Department of Finance shall
2provide to thebegin delete State Department of Educationend deletebegin insert departmentend insert the state
3median income amount for a four-person household in California
4based on the best available data. Thebegin delete State Department of
5Educationend delete
begin insert departmentend insert shall adjust its fee schedule for child care
6providers to reflect this updated state median income; however,
7no changes based on revisions to the state median income amount
8shall be implemented midyear.

9(f) Notwithstanding the June 1 date specified in subdivision (b),
10changes to the regional market rate schedules and fee schedules
11may be made at any other time to reflect the availability of accurate
12data necessary for their completion, provided these documents
13receive the approval of the Department of Finance. The Department
14of Finance shall review the changes within 30 working days of
15submission and thebegin delete State Department of Educationend deletebegin insert departmentend insert
16 shall resolve conflicts within an additional 30 working day period.
17Contractors shall be given adequate notice before the effective
18date of the approved schedules. It is the intent of the Legislature
19that contracts for services not be delayed by the timing of the
20availability of accurate data needed to update these schedules.

21begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 10554 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
22read:end insert

23

10554.  

(a) In order for the governing board to carry out its
24responsibilities pursuant to this chapter, there is hereby established
25the Educational Telecommunication Fund. Thebegin delete amount of moneys
26to be deposited in the fund shall be the amount of any offset made
27to the principal apportionments made pursuant to Sections 1909,
282558, 42238, 52616, Article 1.5 (commencing with Section 52335)
29of Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section
3056836) of Part 30, based on a finding that these apportionments
31were not in accordance with law. The maximum amount that may
32be annually deposited in the fund from the offset is fifteen million
33dollars ($15,000,000). Theend delete
Controller shall establish an account
34to receive and expend moneys in the fund.begin delete The placement of the
35moneys in the fund shall occur only upon a finding by the
36Superintendent of Public Instruction and the Director of Finance
37that the principal apportionments made pursuant to Sections 1909,
382558, 42238, 52616, and Article 1.5 (commencing with Section
3952335) of Chapter 9 of Part 28, and Chapter 7.2 (commencing
40with Section 56836) of Part 30 were not in accordance with existing
P45   1law and were so identified pursuant to Sections 1624, 14506,
241020, 41020.2, 41320, 42127.2, and 42127.3, or an independent
3audit that was approved by the department.end delete

4(b) Moneys in the fund established pursuant to subdivision (a)
5shall only be available for expenditure upon appropriation by the
6Legislature in thebegin insert annualend insert Budget Act.

7(c) begin deleteThe moneys end deletebegin insertMoneys end insertin the fund established pursuant to
8subdivision (a) may be expended by the governing board to carry
9out the purposes of this chapter,begin delete includingend deletebegin insert including, but not limited
10to,end insert
for the following purposes:

11(1) To support the activities of the team established pursuant to
12subdivision (c) of Section 10551.

13(2) To assist the school districts and county superintendents of
14schools in purchasing both hardware and software to allow school
15districts, county superintendents of schools, and the department
16to be linked for school business and administrative purposes. The
17governing board shall establish a matching share requirement that
18applicant school districts and county superintendents of schools
19must fulfill to receive those funds. It is the intent of the Legislature
20to encourage the distribution of grants to school districts and county
21superintendents of schools to the widest extent possible.

22(3) To provide technical assistance through county offices of
23education to school districts in implementing the standards
24established pursuant to subdivision (a) of Section 10552.

25begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 17070.75 of the end insertbegin insertEducation Codeend insertbegin insert is amended
26to read:end insert

27

17070.75.  

(a) The board shall require the school district to
28make all necessary repairs, renewals, and replacements to ensure
29that a project is at all times maintained in good repair, working
30order, and condition. All costs incurred for this purpose shall be
31borne by the school district.

32(b) In order to ensure compliance with subdivision (a) and to
33encourage school districts to maintain all buildings under their
34control, the board shall require an applicant school district to do
35all of the followingbegin delete prior toend deletebegin insert beforeend insert the approval of a project:

36(1) Establish a restricted account within the general fund of the
37school district for the exclusive purpose of providing moneys for
38ongoing and major maintenance of school buildings, according
39the highest priority to funding for the purposes set forth in
40subdivision (a).begin insert Funds in the account may be used for drought
P46   1mitigation purposes related to the implementation of Executive
2Order B-29-15.end insert

3(2) (A) Agree to deposit into the account established pursuant
4to paragraph (1), in each fiscal year for 20 years after receipt of
5funds under this chapter, a minimum amount equal to or greater
6than 3 percent of the total general fund expenditures of the
7applicant school district, including other financing uses, for that
8fiscal year.begin delete Annual deposits to the account established pursuant to
9paragraph (1) in excess of 2end delete
begin delete end deletebegin delete12end deletebegin delete end deletebegin delete percent of the school district
10general fund budget may count towards the amount of funds
11required to be contributed by a school district in order to receive
12apportionments from the State School Deferred Maintenance Fund
13pursuant to Section 17584 to the extent that those funds are used
14for purposes that qualify for funding under that section.end delete

15(B) Notwithstanding subparagraph (A), for thebegin delete 2004-05end deletebegin insert 2015-16
16and 2016-17end insert
fiscalbegin delete year only, an applicant school district shall
17depositend delete
begin insert years, the minimum amount required to be depositedend insert into
18the account established pursuant to paragraphbegin delete (1), no less than 2
19percent ofend delete
begin insert (1) shall beend insert thebegin delete total general fund expendituresend deletebegin insert lesserend insert
20 of thebegin delete school district, including other financing uses, for the fiscal
21year. The annual deposit to the account in excess of 1end delete
begin insert following
22amounts:end insert
begin delete end deletebegin delete12end deletebegin delete end deletebegin delete percent of the school district general fund budget for
23the 2004-05 fiscal year may count towards the amount that a school
24district is required to contribute in order to receive apportionments
25from the State School Deferred Maintenance Fund pursuant to
26Section 17584 to the extent that those funds are used for purposes
27that qualify for funding under that section.end delete

begin insert

28(i) Three percent of the total general fund expenditures for that
29fiscal year.

end insert
begin insert

30(ii) The amount that the school district deposited into the
31account in the 2014-15 fiscal year.

end insert
begin insert

32(C) Notwithstanding subparagraph (A), for the 2017-18 to
332019-20 fiscal years, inclusive, the minimum amount required to
34be deposited into the account established pursuant to paragraph
35(1) shall be the greater of the following amounts:

end insert
begin insert

36(i) The lesser of 3 percent of the general fund expenditures for
37that fiscal year or the amount that the school district deposited
38into the account in the 2014-15 fiscal year.

end insert
begin insert

39(ii) Two percent of the total general fund expenditures of the
40applicant school district for that fiscal year.

end insert
begin delete

P47   1(C)

end delete

2begin insert(D)end insert A school district contribution to the account may be
3provided in lieu of meeting the ongoing maintenance requirements
4pursuant to Section 17014 to the extent the funds are used for
5purposes established in that section. A school district that serves
6as the administrative unit for a special education local plan area
7may elect to exclude from its total general fund expenditures, for
8purposes of this paragraph, the distribution of revenues that are
9passed through to participating members of the special education
10local plan area.

begin delete

11(D)

end delete

12begin insert(E)end insert This paragraph applies only to the following school districts:

13(i) High school districts with an average daily attendance greater
14than 300 pupils.

15(ii) Elementary school districts with an average daily attendance
16greater than 900 pupils.

17(iii) Unified school districts with an average daily attendance
18greater than 1,200 pupils.

begin insert

19(F) It is the intent of the Legislature that a school district shall
20be required to comply with the requirements of subparagraph (A)
21in the year in which the local control funding formula is fully
22implemented.

end insert

23(3) Certify that it has publicly approved an ongoing and major
24maintenance plan that outlines the use of the funds deposited, or
25to be deposited, pursuant to paragraph (2). The plan may provide
26that the school district need not expend all of its annual allocation
27for ongoing and major maintenance in the year in which it is
28deposited if the cost of major maintenance requires that the
29allocation be carried over into another fiscal year. However, any
30state funds carried over into a subsequent year may not be counted
31toward the annual minimum contribution by the school district.begin delete A
32plan developed in compliance with this section shall be deemed
33to meet the requirements of Section 17585.end delete

34(c) A school district to which paragraph (2) of subdivision (b)
35does not apply shall certify to the board that it can reasonably
36maintain its facilities with a lesser level of maintenance.

37(d) For purposes of calculating a county office of education
38requirement pursuant to this section, thebegin delete 3 percentend deletebegin insert applicableend insert
39 maintenance requirementbegin insert specified in paragraph (2) of subdivision
P48   1(b)end insert
shall be based upon the county office of education general fund
2less any restricted accounts.

begin insert

3(e) (1) This subdivision shall only apply to a school district
4that received funds pursuant to this chapter equal to or greater
5than 10 percent of the State School Facilities Funds of 1998, 2002,
62004, and 2006.

end insert
begin insert

7(2) Notwithstanding subparagraphs (B) and (C) of paragraph
8(2) of subdivision (b), a school district shall comply with the
9requirements of subparagraph (A) of paragraph (2) of subdivision
10(b) if the amount available in any fiscal year for the public school
11system pursuant to Section 8 of Article XVI of the California
12Constitution is equal to or greater than the amount available in
13the prior fiscal year, unless a school district has locally negotiated
14an alternative minimum annual deposit percentage in a collective
15bargaining agreement with the representatives of the school
16district’s skilled crafts employees.

end insert
begin insert

17(3) Under no circumstances shall a school district deposit less
18than the amounts required in subparagraphs (B) and (C) of
19paragraph (2) of subdivision (b).

end insert
begin insert

20(4) This subdivision shall be operative from July 1, 2015, until
21June 30, 2020.

end insert
begin delete

22(e)

end delete

23begin insert(f)end insert As a condition of participation in the school facilities program
24or the receipt of funds pursuant to Section 17582, for a fiscal year
25after the 2004-05 fiscal year, a school district shall establish a
26facilities inspection system to ensure that each of its schools is
27maintained in good repair.

begin delete

28(f)

end delete

29begin insert(g)end insert For purposes of this section, “good repair” has the same
30meaning as specified in subdivision (d) of Section 17002.

31begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 41202 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
32read:end insert

33

41202.  

The words and phrases set forth in subdivision (b) of
34Section 8 of Article XVI of the Constitution of the State of
35California shall have the following meanings:

36(a) “Moneys to be applied by the State,” as used in subdivision
37(b) of Section 8 of Article XVI of the California Constitution,
38means appropriations from the General Fund that are made for
39allocation to school districts, as defined, or community college
40districts. An appropriation that is withheld, impounded, or made
P49   1without provisions for its allocation to school districts or
2community collegebegin delete districts,end deletebegin insert districtsend insert shall not be considered to
3be “moneys to be applied by the State.”

4(b) “General Fund revenues which may be appropriated pursuant
5to Article XIII B,” as used in paragraph (1) of subdivision (b) of
6Section 8 of Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert means
7General Fund revenues that are the proceeds of taxes as defined
8by subdivision (c) of Section 8 of Article XIII B of the California
9Constitution, including, for the 1986-87 fiscal year only, any
10revenues that are determined to be in excess of the appropriations
11limit established pursuant to Article XIII Bbegin insert of the California
12Constitutionend insert
for the fiscal year in which they are received. General
13Fund revenues for a fiscal year to which paragraph (1) of
14subdivision (b)begin insert of Section 8 of Article XVI of the California
15Constitutionend insert
is being applied shall include, in that computation,
16only General Fund revenues for that fiscal year that are the
17proceeds of taxes, as defined in subdivision (c) of Section 8 of
18Article XIII B of the California Constitution, and shall not include
19prior fiscal year revenues. Commencing with the 1995-96 fiscal
20year, and each fiscal year thereafter, “General Fund revenues that
21are the proceeds of taxes,” as defined in subdivision (c) of Section
228 of Article XIII B of the California Constitution, includes any
23portion of the proceeds of taxes received from the state sales tax
24that are transferred to the counties pursuant to, and only if,
25legislation is enacted during the 1995-96 fiscal year the purpose
26of which is to realign children’s programs. The amount of the
27proceeds of taxes shall be computed for any fiscal year in a manner
28consistent with the manner in which the amount of the proceeds
29of taxes was computed by the Department of Finance for purposes
30of the Governor’s Budget for the Budget Act ofbegin delete 1986.end deletebegin insert 1986
31(Chapter 186 of the Statutes of 1986).end insert

32(c) “General Fund revenues appropriated for school districts,”
33as used in paragraph (1) of subdivision (b) of Section 8 of Article
34XVI of the California Constitution, means the sum of
35appropriations made that are for allocation to school districts, as
36defined in Section 41302.5, regardless of whether those
37appropriations were made from the General Fund to the
38Superintendent, to the Controller, or to any other fund or state
39agency for the purpose of allocation to school districts. The full
40amount of any appropriation shall be included in the calculation
P50   1of the percentage required by paragraph (1) of subdivision (b) of
2Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert without regard to
3any unexpended balance of any appropriation. Any reappropriation
4of funds appropriated in any prior year shall not be included in the
5sum of appropriations.

6(d) “General Fund revenues appropriated for community college
7districts,” as used in paragraph (1) of subdivision (b) of Section 8
8of Article XVI of the California Constitution, means the sum of
9appropriations made that are for allocation to community college
10districts, regardless of whether those appropriations were made
11from the General Fund to the Controller, to the Chancellor of the
12California Community Colleges, or to any other fund or state
13agency for the purpose of allocation to community college districts.
14The full amount of any appropriation shall be included in the
15calculation of the percentage required by paragraph (1) of
16subdivision (b) of Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert
17 without regard to any unexpended balance of any appropriation.
18Any reappropriation of funds appropriated in any prior year shall
19not be included in the sum of appropriations.

20(e) “Total allocations to school districts and community college
21districts from General Fund proceeds of taxes appropriated pursuant
22to Article XIII B,” as used in paragraph (2) or (3) of subdivision
23(b) of Section 8 of Article XVI of the California Constitution,
24means the sum of appropriations made that are for allocation to
25school districts, as defined in Section 41302.5, and community
26college districts, regardless of whether those appropriations were
27made from the General Fund to the Controller, to the
28Superintendent, to the Chancellor of the California Community
29Colleges, or to any other fund or state agency for the purpose of
30allocation to school districts and community college districts. The
31full amount of any appropriation shall be included in the calculation
32of the percentage required by paragraph (2) or (3) of subdivision
33(b) of Section 8 of Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert
34 without regard to any unexpended balance of any appropriation.
35Any reappropriation of funds appropriated in any prior year shall
36not be included in the sum of appropriations.

37(f) “General Fund revenues appropriated for school districts
38and community college districts, respectively” and “moneys to be
39applied by the state for the support of school districts and
40community college districts,” as used in Section 8 of Article XVI
P51   1of the California Constitution, shall include funds appropriated for
2part-day California state preschool programs under Article 7
3(commencing with Section 8235) of Chapter 2 of Part 6 of Division
41 of Title 1,begin insert funds appropriated to local educational agencies, as
5defined in subdivision (ak) of Section 8208, to create a full day of
6care for children participating in the California state preschool
7program,end insert
andbegin insert funds appropriated forend insert the After School Education
8and Safety Program established pursuant to Article 22.5
9(commencing with Section 8482) of Chapter 2 of Part 6 of Division
101 of Title 1, and shall not include any of the following:

11(1) Any appropriation that is not made for allocation to a school
12district, as defined in Section 41302.5, or to a community college
13district, regardless of whether the appropriation is made for any
14purpose that may be considered to be for the benefit to a school
15district, as defined in Section 41302.5, or a community college
16district. This paragraph shall not be construed to exclude any
17funding appropriated for part-day California state preschool
18programs under Article 7 (commencing with Section 8235) of
19Chapter 2 of Part 6 of Division 1 of Titlebegin delete 1end deletebegin insert 1, to create a full day
20of care for children participating in the California state preschool
21program,end insert
orbegin insert forend insert the After School Education and Safety Program
22established pursuant to Article 22.5 (commencing with Section
238482) of Chapter 2 of Part 6 of Division 1 of Title 1.

24(2) Any appropriation made to the Teachers’ Retirement Fund
25or to the Public Employees’ Retirement Fund except those
26appropriations for reimbursable state mandates imposed on or
27before January 1, 1988.

28(3) Any appropriation made to service any public debt approved
29by the voters of this state.

30(4) With the exception of the programs identified in paragraph
31(1), commencing with the 2011-12 fiscal year, any funds
32appropriated for the Child Care and Development Services Act,
33pursuant to Chapter 2 (commencing with Section 8200) of Part 6
34of Division 1 of Title 1.

35(g) “Allocated local proceeds of taxes,” as used in paragraph
36(2) or (3) of subdivision (b) of Section 8 of Article XVI of the
37California Constitution, means, for school districts as defined,
38those local revenues, except revenues identified pursuant to
39paragraph (5) of subdivisionbegin delete (h)end deletebegin insert (j)end insert of Sectionbegin delete 42238,end deletebegin insert 42238.02,end insert
40 that are used to offset state aid for school districts in calculations
P52   1performed pursuant to Sectionsbegin delete 2558, 42238,end deletebegin insert 2558end insert andbegin insert 42238 andend insert
2 Chapter 7.2 (commencing with Section 56836) of Part 30.

3(h) “Allocated local proceeds of taxes,” as used in paragraph
4(2) or (3) of subdivision (b) of Section 8 of Article XVI of the
5California Constitution, means, for community college districts,
6those local revenues that are used to offset state aid for community
7collegebegin delete districts in calculations performed pursuant to Section
884700.end delete
begin insert districts.end insert In no event shall the revenues or receipts derived
9from student fees be considered “allocated local proceeds of taxes.”

10(i) For purposes of calculating the 4-percent entitlement pursuant
11to subdivision (a) of Section 8.5 of Article XVI of the California
12Constitution, “the total amount required pursuant to Section 8(b)”
13shall mean the General Fund aid required for schools pursuant to
14subdivision (b) of Section 8 of Article XVI of the California
15Constitution, and shall not include allocated local proceeds of
16taxes.

17(j) This section shall become inoperative on December 15, 2012,
18and, as of January 1, 2013, is repealed, only if the Schools and
19Local Public Safety Protection Act of 2012 (Attorney General
20reference number 12-0009) is not approved by the voters at the
21November 6, 2012, statewide general election, or if the provisions
22of that act that modify personal income tax rates do not become
23operative due to a conflict with another initiative measure that is
24approved at the same election and receives a greater number of
25affirmative votes.

26begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 41203.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended
27to read:end insert

28

41203.1.  

(a) For the 1990-91 fiscal year and each fiscal year
29thereafter, allocations calculated pursuant to Section 41203 shall
30be distributed in accordance with calculations provided in this
31section. Notwithstanding Section 41203, and for purposes of this
32section, school districts, community college districts, and direct
33elementary and secondary level instructional services provided by
34the State of California shall be regarded as separate segments of
35public education, and each of these three segments of public
36education shall be entitled to receive respective shares of the
37amount calculated pursuant to Section 41203 as though the
38calculation made pursuant to subdivision (b) of Section 8 of Article
39XVI of the California Constitution were to be applied separately
40to each segment and the base year for purposes of this calculation
P53   1under paragraph (1) of subdivision (b) of Section 8 of Article XVI
2of the California Constitution were based on the 1989-90 fiscal
3year. Calculations made pursuant to this subdivision shall be made
4so that each segment of public education is entitled to the greater
5of the amounts calculated for that segment pursuant to paragraph
6(1) or (2) of subdivision (b) of Section 8 of Article XVI of the
7California Constitution.

8(b) If the single calculation made pursuant to Section 41203
9yields a guaranteed amount of funding that is less than the sum of
10the amounts calculated pursuant to subdivision (a), the amount
11calculated pursuant to Section 41203 shall be prorated for the three
12segments of public education.

13(c) Notwithstanding any other law, this section does not apply
14to the 1992-93 tobegin delete 2014-15end deletebegin insert the 2015-16end insert fiscal years, inclusive.

15begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 41207.3 of the end insertbegin insertEducation Codeend insertbegin insert, as amended
16by Section 24 of Chapter 32 of the Statutes of 2014, is amended
17to read:end insert

18

41207.3.  

(a) Notwithstanding Section 41206, the minimum
19state educational funding obligation for school districts and
20community college districts pursuant to subdivision (b) of Section
218 of Article XVI of the California Constitution is determined to
22be the following:

23(1) Fifty-three billion three hundred forty-five million four
24hundred twenty thousand dollars ($53,345,420,000) for the
252005-06 fiscal year, with an outstanding balance of one billion
26one hundred ten million five hundred sixteen thousand dollars
27($1,110,516,000). The outstanding balance is appropriated and
28allocated pursuant to Article 3.7 (commencing with Section
2952055.700) of Chapter 6.1 of Partbegin delete 28.end deletebegin insert 28 of Division 4.end insert

30(2) Fifty-five billion two hundred fifty-one million two hundred
31sixty-six thousand dollars ($55,251,266,000) for the 2006-07 fiscal
32year, with an outstanding balance of two hundred eleven million
33five hundred thirty-three thousand dollars ($211,533,000).
34begin delete Commencing with the 2015-16 fiscal year, the Legislature shall
35appropriate theend delete
begin insert Theend insert outstanding balancebegin insert is appropriatedend insert andbegin delete specify
36in the annual Budget Act or other statute making those
37appropriations that the funds shall be used for any one-time purpose
38so long as those appropriations are made for allocationend delete
begin insert allocated
39pursuantend insert
tobegin delete school districts or community college districts.end deletebegin insert Section
4041207.41.end insert

P54   1(3) Fifty-six billion five hundred seventy-seven million four
2hundred ninety-one thousand dollars ($56,577,491,000) for the
32007-08 fiscal year, with no outstanding balance.

4(b) (1) The amount determined pursuant to paragraph (1) of
5subdivision (a) shall be deemed certified for purposes of Section
641206 when the conditions set forth in subdivision (c) of Section
741207.1 are met.

8(2) The amount determined pursuant to paragraph (2) of
9subdivision (a) shall be deemed certified for purposes of Section
1041206 upon appropriation of the full amount of the outstanding
11balance determined for that year.

12(3) The amount determined pursuant to paragraph (3) of
13subdivision (a) is deemed to be certified for purposes of Section
1441206 upon enactment of this section.

15begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 41207.41 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
16read:end insert

begin insert
17

begin insert41207.41.end insert  

(a) The sum of two hundred fifty-six million dollars
18($256,000,000) is hereby appropriated from the General Fund to
19the Controller for allocation to school districts and community
20college districts for the purpose of offsetting the 2006-07 fiscal
21year and 2009-10 fiscal year outstanding balance of the minimum
22funding obligation to school districts and community college
23districts pursuant to Section 8 of Article XVI of the California
24Constitution.

25(1) The amount appropriated pursuant to this subdivision shall
26be allocated to school districts and community college districts,
27as described in subdivision (a) of Section 41203.1, in accordance
28with the following:

29(A) Eighty-two million four hundred sixty-seven thousand dollars
30($82,467,000) for transfer by the Controller to Section A of the
31State Schools Fund for allocation by the Superintendent pursuant
32to this section.

33(B) Twenty-seven million nine hundred eighty-one thousand
34dollars ($27,981,000) for transfer by the Controller to Section B
35of the State School Fund for allocation by the Chancellor of the
36California Community Colleges to community colleges districts
37pursuant to this section.

38(C) One hundred forty-five million five hundred fifty-two
39thousand dollars ($145,552,000) for transfer by the Controller to
P55   1the School Facilities Emergency Repair Account pursuant to
2Section 17592.71.

3(2) The amount allocated to school districts pursuant to
4subparagraph (A) of paragraph (1) shall be distributed on the
5basis of an equal amount per unit of regular average daily
6attendance, as those average daily attendance numbers are
7reported at the time of the second principal apportionment for the
82014-15 fiscal year.

9(3) The amount allocated to community college districts
10pursuant to this subdivision shall be distributed on the basis of an
11equal amount per enrolled full-time equivalent student, as those
12numbers of students are reported at the time of the second principal
13apportionment for the 2014-15 fiscal year.

14(4) For purposes of this subdivision a school district includes
15a county office of education and a charter school.

16(b) For purposes of Section 8 of Article XVI of the California
17Constitution, the amounts appropriated and allocated pursuant
18to this section shall be applied to the outstanding balance of the
19minimum funding obligation to school districts and community
20college districts pursuant to Section 8 of Article XVI of the
21California Constitution, and shall be deemed to be appropriations
22made and allocated in that fiscal year in which the deficiencies
23resulting in the outstanding balance were incurred in accordance
24with the following:

25(1) Two hundred eleven million five hundred thirty-three
26thousand dollars ($211,533,000) in payment of the outstanding
27balance of the minimum funding obligation for the 2006-07 fiscal
28year.

29(2) Forty-four million four hundred sixty-seven thousand dollars
30($44,467,000) in payment of the outstanding balance of the
31minimum funding obligation for the 2009-10 fiscal year.

32(c) Funding received by school districts and community college
33districts pursuant to subparagraphs (A) and (B) of paragraph (1)
34of subdivision (a) shall first be deemed to be paid in satisfaction
35of any outstanding claims pursuant to Section 6 of Article XIII B
36of the California Constitution for reimbursement of state-mandated
37local costs for any fiscal year. Notwithstanding Section 12419.5
38of the Government Code and any amounts that are deemed,
39pursuant to this subdivision, to be paid in satisfaction of
40outstanding claims for reimbursement of state-mandated local
P56   1costs, the Controller may audit any claim as allowed by law and
2may recover any amount owed by school districts and community
3college districts pursuant to an audit only by reducing amounts
4owed for any other mandate claims. Under no circumstances shall
5a school district or community college district be required to remit
6funding back to the state to pay for disallowed costs identified by
7a Controller audit of claimed reimbursable state-mandated local
8program costs. The Controller shall not recover any amount owed
9by a school district or community college district pursuant to an
10audit of claimed reimbursable state-mandated local program costs
11by reducing any amount owed a school district or community
12college district for any purpose other than amounts owed for any
13other mandate claims. The Controller shall apply amounts received
14by each school district or community college district against any
15balances of unpaid claims for reimbursement of state-mandated
16local costs and interest in chronological order beginning with the
17earliest claim. The Controller shall report to each school district
18and community college district the amounts of any claims and
19interest that are offset from funds provided pursuant to this section
20and shall report a summary of the amounts offset for each mandate
21for each fiscal year to the Department of Finance and the fiscal
22committees of the Legislature.

23(d) (1) The governing board of a school district or community
24college district may expend the one-time funds received pursuant
25to subparagraphs (A) and (B) of paragraph (1) of subdivision (a)
26for any purpose, as determined by the governing board.

27(2) It is the intent of the Legislature that school districts will
28prioritize the use of these one-time funds for professional
29development, induction for beginning teachers with a focus on
30relevant mentoring, instructional materials, technology
31infrastructure, and any other investments necessary to support
32implementation of the common core standards in English language
33arts and mathematics, the implementation of English language
34development standards, and the implementation of the Next
35Generation Science standards.

end insert
36begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 41976 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
37read:end insert

38

41976.  

(a) For purposes of this chapter, the following classes
39and courses are authorized to be offered by school districts and
P57   1county superintendents of schools for apportionment purposes
2from the adult education fund:

3(1) Adult programs in parenting, including parent cooperative
4preschools, and classes in child growth and development,
5parent-child relationships, and parenting.

6(2) Adult programs in elementary and secondary basic skills
7and other courses and classes required for the high school diploma.
8Apportionments for these courses and classes may only be
9generated by students who do not possess a high school diploma,
10except for remedial academic courses or classes in reading,
11mathematics, and language arts.

12(3) Adult education programs in English as a second language.

13(4) Adult education programs for immigrants eligible for
14educational services in citizenship, English as a second language,
15and workforce preparation classes in the basic skills of speaking,
16listening, reading, writing, mathematics, decisionmaking and
17problem solving skills, and other classes required for preparation
18to participate in job specific technical training.

19(5) Adult education programs for adults with disabilities.

20(6) Adult short-term career technical education programs with
21high employment potential. Any reference to “vocational”
22education or programs in adult education means “career technical”
23education or programs in adult education.

24(7) Adult programs for older adults.

25(8) begin deleteAdult education end deletebegin insertPrograms offering pre-apprenticeship
26training activities conducted in coordination with one or more
27apprenticeship end insert
programsbegin insert approved by the Division of
28Apprenticeship Standardsend insert
forbegin delete apprentices.end deletebegin insert the occupation and
29geographic area.end insert

30(9) Adult programs in home economics.

31(10) Adult programs in health and safety education.

32(b) No state apportionment shall be made for any course or class
33begin delete whichend deletebegin insert thatend insert is not set forth in subdivision (a).

34begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 42238 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
35read:end insert

36

42238.  

(a) For the 1984-85 fiscal year and each fiscal year
37thereafter, the county superintendent of schools shall determine a
38revenue limit for each school district in the county pursuant to this
39section.

P58   1(b) The base revenue limit for a fiscal year shall be determined
2by adding to the base revenue limit for the prior fiscal year the
3following amounts:

4(1) The inflation adjustment specified in Section 42238.1.

5(2) For the 1995-96 fiscal year, the equalization adjustment
6specified in Section 42238.4.

7(3) For the 1996-97 fiscal year, the equalization adjustments
8specified in Sections 42238.41, 42238.42, and 42238.43.

9(4) For the 1985-86 fiscal year, the amount per unit of average
10daily attendance received in the 1984-85 fiscal year pursuant to
11Section 42238.7.

12(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the
13amount per unit of average daily attendance received in the prior
14fiscal year pursuant to Section 42238.8.

15(6) For the 2004-05 fiscal year, the equalization adjustment
16specified in Section 42238.44.

17(7) For the 2006-07 fiscal year, the equalization adjustment
18specified in Section 42238.48.

19(8) For the 2011-12 fiscal year, the equalization adjustment
20specified in Section 42238.49.

21(c) (1) (A) For the 2010-11 fiscal year, the Superintendent
22shall compute an add-on for each school district by adding the
23inflation adjustment specified in Section 42238.1 to the adjustment
24specified in Section 42238.485.

25(B) For the 2011-12 fiscal year and each fiscal year thereafter,
26the Superintendent shall compute an add-on for each school district
27by adding the inflation adjustment specified in Section 42238.1 to
28the amount computed pursuant to this paragraph for the prior fiscal
29year.

30(2) Commencing with the 2010-11 fiscal year, the
31Superintendent shall compute an add-on for each school district
32by dividing each school district’s fiscal year average daily
33attendance computed pursuant to Section 42238.5 by the total
34adjustments in funding for each district made for the 2007-08
35fiscal year pursuant to Section 42238.22 as it read on January 1,
362009.

37(d) The sum of the base revenue limit computed pursuant to
38subdivision (b) and the add-on computed pursuant to subdivision
39(c) shall be multiplied by the district average daily attendance
40computed pursuant to Section 42238.5.

P59   1(e) For districts electing to compute units of average daily
2attendance pursuant to paragraph (2) of subdivision (a) of Section
342238.5, the amount computed pursuant to Article 4 (commencing
4with Section 42280) shall be added to the amount computed in
5subdivision (c) or (d), as appropriate.

6(f) For the 1984-85 fiscal year only, the county superintendent
7shall reduce the total revenue limit computed in this section by the
8amount of the decreased employer contributions to the Public
9Employees’ Retirement System resulting from enactment of
10Chapter 330 of the Statutes of 1982, offset by any increase in those
11contributions, as of the 1983-84 fiscal year, resulting from
12subsequent changes in employer contribution rates.

13(g) The reduction required by subdivision (f) shall be calculated
14as follows:

15(1) Determine the amount of employer contributions that would
16have been made in the 1983-84 fiscal year if the applicable Public
17Employees’ Retirement System employer contribution rate in effect
18immediately before the enactment of Chapter 330 of the Statutes
19of 1982 was in effect during the 1983-84 fiscal year.

20(2) Subtract from the amount determined in paragraph (1) the
21greater of subparagraph (A) or (B):

22(A) The amount of employer contributions that would have been
23made in the 1983-84 fiscal year if the applicable Public
24 Employees’ Retirement System employer contribution rate in effect
25immediately after the enactment of Chapter 330 of the Statutes of
261982 was in effect during the 1983-84 fiscal year.

27(B) The actual amount of employer contributions made to the
28Public Employees’ Retirement System in the 1983-84 fiscal year.

29(3) For purposes of this subdivision, employer contributions to
30the Public Employees’ Retirement System for either of the
31following shall be excluded from the calculation specified above:

32(A) Positions supported totally by federal funds that were subject
33to supplanting restrictions.

34(B) Positions supported, to the extent of employer contributions
35not exceeding twenty-five thousand dollars ($25,000) by a single
36educational agency, from a revenue source determined on the basis
37of equity to be properly excludable from the provisions of this
38subdivision by the Superintendent with the approval of the Director
39of Finance.

P60   1(4) For accounting purposes, the reduction made by this
2subdivision may be reflected as an expenditure from appropriate
3sources of revenue as directed by the Superintendent.

4(h) The Superintendent shall apportion to each school district
5the amount determined in this section less the sum of:

6(1) Thebegin insert schoolend insert district’s property tax revenue received pursuant
7to Chapter 3.5 (commencing with Section 75) and Chapter 6
8(commencing with Section 95) of Part 0.5 of Division 1 of the
9Revenue and Taxation Code.

10(2) The amount, if any, received pursuant to Part 18.5
11(commencing with Section 38101) of Division 2 of the Revenue
12and Taxation Code.

13(3) The amount, if any, received pursuant to Chapter 3
14(commencing with Section 16140) of Part 1 of Division 4 of Title
152 of the Government Code.

16(4) Prior years’ taxes and taxes on the unsecured roll.

17(5) Fifty percent of the amount received pursuant to Section
1841603.

19(6) (A) The amount, if any, received pursuant to the Community
20Redevelopment Law (Part 1 (commencing with Section 33000)
21of Division 24 of the Health and Safety Code), except for any
22amount received pursuant to Section 33401 or 33676 of the Health
23and Safety Code that is used for land acquisition, facility
24construction,begin insert facilityend insert reconstruction,begin delete orend deletebegin insert facilityend insert remodeling,
25begin insert maintenance,end insert or deferred maintenance,begin insert andend insert except for any amount
26received pursuant to Section 33492.15 of, paragraph (4) of
27subdivision (a) of Section 33607.5 of, or Section 33607.7 of, the
28Health and Safety Code that is allocated exclusively for educational
29facilities.

30(B) The amount, if any, received pursuant to Sections 34177,
3134179.5, 34179.6, and 34188 of the Health and Safety Code.

32(C) The amount, if any, received pursuant to subparagraph (B)
33of paragraph (3) of subdivision (e) of Section 36 of Article XIII
34of the California Constitution.

35(7) For a unified school district, other than a unified school
36district that has converted all of its schools to charter status
37pursuant to Section 47606, the amount of statewide average
38general-purpose funding per unit of average daily attendance
39received by school districts for each of four grade level ranges, as
40computed by the department pursuant to Section 47633, multiplied
P61   1by the average daily attendance, in corresponding grade level
2ranges, of any pupils who attend charter schools funded pursuant
3to Chapter 6 (commencing with Section 47630) of Part 26.8 of
4Division 4 for which the school district is the sponsoring local
5educational agency, as defined in Section 47632, and who reside
6in and would otherwise have been eligible to attend a noncharter
7school of the school district.

8(i) A transfer of pupils of grades 7 and 8 between an elementary
9school district and a high school district shall not result in the
10receiving school district receiving a revenue limit apportionment
11for those pupils that exceeds 105 percent of the statewide average
12revenue limit for the type and size of the receiving school district.

13(j) Commencing with the 2013-14 fiscal year, this section shall
14be used only for purposes of allocating revenues received pursuant
15to subparagraph (B) of paragraph (3) of subdivision (e) of Section
1636 of Article XIII of the California Constitution.

17(k) This section shall become inoperative on July 1, 2021, and,
18as of January 1, 2022, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2022, deletes or
20extends the dates on which it becomes inoperative and is repealed.

21begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 42238.02 of the end insertbegin insertEducation Codeend insertbegin insert is amended
22to read:end insert

23

42238.02.  

(a) The amount computed pursuant to this section
24shall be known as the school district and charter school local
25control funding formula.

26(b) (1) For purposes of this section “unduplicated pupil” means
27a pupil enrolled in a school district or a charter school who is either
28classified as an English learner, eligible for a free or reduced-price
29meal, or is a foster youth. A pupil shall be counted only once for
30purposes of this section if any of the following apply:

31(A) The pupil is classified as an English learner and is eligible
32for a free or reduced-price meal.

33(B) The pupil is classified as an English learner and is a foster
34youth.

35(C) The pupil is eligible for a free or reduced-price meal and is
36classified as a foster youth.

37(D) The pupil is classified as an English learner, is eligible for
38a free or reduced-price meal, and is a foster youth.

39(2) Under procedures and timeframes established by the
40Superintendent, commencing with the 2013-14 fiscal year, a school
P62   1district or charter school shall annually submit its enrolled free
2and reduced-price meal eligibility, foster youth, and English learner
3pupil-level records for enrolled pupils to the Superintendent using
4the California Longitudinal Pupil Achievement Data System.

5(3) (A) Commencing with the 2013-14 fiscal year, a county
6office of education shall review and validate certified aggregate
7English learner, foster youth, and free or reduced-price meal
8eligible pupil data for school districts and charter schools under
9its jurisdiction to ensure the data is reported accurately. The
10Superintendent shall provide each county office of education with
11appropriate access to school district and charter school data reports
12in the California Longitudinal Pupil Achievement Data System
13for purposes of ensuring data reporting accuracy.

14(B) The Controller shall include the instructions necessary to
15enforce paragraph (2) in the audit guide required by Section
1614502.1. The instructions shall include, but are not necessarily
17limited to, procedures for determining if the English learner, foster
18youth, and free or reduced-price meal eligible pupil counts are
19consistent with the school district’s or charter school’s English
20learner, foster youth, and free or reduced-price meal eligible pupil
21records.

22(4) The Superintendent shall make the calculations pursuant to
23this section using the data submitted by local educational agencies,
24including charter schools, through the California Longitudinal
25Pupil Achievement Data System. Under timeframes and procedures
26established by the Superintendent, school districts and charter
27schools may review and revise their submitted data on English
28learner, foster youth, and free or reduced-price meal eligible pupil
29counts to ensure the accuracy of data reflected in the California
30Longitudinal Pupil Achievement Data System.

31(5) The Superintendent shall annually compute the percentage
32of unduplicated pupils for each school district and charter school
33by dividing the enrollment of unduplicated pupils in a school
34district or charter school by the total enrollment in that school
35district or charter school pursuant to all of the following:

36(A) For the 2013-14 fiscal year, divide the sum of unduplicated
37pupils for the 2013-14 fiscal year by the sum of the total pupil
38enrollment for the 2013-14 fiscal year.

P63   1(B) For the 2014-15 fiscal year, divide the sum of unduplicated
2pupils for the 2013-14 and 2014-15 fiscal years by the sum of the
3total pupil enrollment for the 2013-14 and 2014-15 fiscal years.

4(C) For the 2015-16 fiscal year and each fiscal year thereafter,
5divide the sum of unduplicated pupils for the current fiscal year
6and the two prior fiscal years by the sum of the total pupil
7enrollment for the current fiscal year and the two prior fiscal years.

8(D) (i) For purposes of the quotients determined pursuant to
9subparagraphs (B) and (C), the Superintendent shall use a school
10district’s or charter school’s enrollment of unduplicated pupils and
11total pupil enrollment in the 2014-15 fiscal year instead of the
12enrollment of unduplicated pupils and total pupil enrollment in
13the 2013-14 fiscal year if doing so would yield an overall greater
14percentage of unduplicated pupils.

15(ii) It is the intent of the Legislature to review each school
16district and charter school’s enrollment of unduplicated pupils for
17the 2013-14 and 2014-15 fiscal years and provide one-time
18funding, if necessary, for a school district or charter school with
19higher enrollment of unduplicated pupils in the 2014-15 fiscal
20year as compared to the 2013-14 fiscal year.

21(6) The data used to determine the percentage of unduplicated
22pupils shall be final once that data is no longer used in the current
23fiscal year calculation of the percentage of unduplicated pupils.
24This paragraph does not apply to a change that is the result of an
25audit that has been appealed pursuant to Section 41344.

26(c) Commencing with the 2013-14 fiscal year and each fiscal
27year thereafter, the Superintendent shall annually calculate a local
28control funding formula grant for each school district and charter
29school in the state pursuant to this section.

30(d) The Superintendent shall compute a grade span adjusted
31base grant equal to the total of the following amounts:

32(1) For the 2013-14 fiscal year, a base grant of:

33(A) Six thousand eight hundred forty-five dollars ($6,845) for
34average daily attendance in kindergarten and grades 1 to 3,
35inclusive.

36(B) Six thousand nine hundred forty-seven dollars ($6,947) for
37average daily attendance in grades 4 to 6, inclusive.

38(C) Seven thousand one hundred fifty-four dollars ($7,154) for
39average daily attendance in grades 7 and 8.

P64   1(D) Eight thousand two hundred eighty-nine dollars ($8,289)
2for average daily attendance in grades 9 to 12, inclusive.

3(2) In each year the grade span adjusted base grants in paragraph
4(1) shall be adjusted by the percentage change in the annual average
5value of the Implicit Price Deflator for State and Local Government
6Purchases of Goods and Services for the United States, as published
7by the United States Department of Commerce for the 12-month
8period ending in the third quarter of the prior fiscal year. This
9percentage change shall be determined using the latest data
10available as of May 10 of the preceding fiscal year compared with
11the annual average value of the same deflator for the 12-month
12period ending in the third quarter of the second preceding fiscal
13year, using the latest data available as of May 10 of the preceding
14fiscal year, as reported by the Department of Finance.

15(3) (A) The Superintendent shall compute an additional
16adjustment to the kindergarten and grades 1 to 3, inclusive, base
17grant as adjusted for inflation pursuant to paragraph (2) equal to
1810.4 percent. The additional grant shall be calculated by
19multiplying the kindergarten and grades 1 to 3, inclusive, base
20grant, as adjusted by paragraph (2), by 10.4 percent.

21(B) Until paragraph (4) of subdivision (b) of Section 42238.03
22is effective, as a condition of the receipt of funds in this paragraph,
23a school district shall make progress toward maintaining an average
24class enrollment of not more than 24 pupils for each schoolsite in
25kindergarten and grades 1 to 3, inclusive, unless a collectively
26bargained alternative annual average class enrollment for each
27schoolsite in those grades is agreed to by the school district,
28pursuant to the following calculation:

29(i) Determine a school district’s average class enrollment for
30each schoolsite for kindergarten and grades 1 to 3, inclusive, in
31the prior year. For the 2013-14 fiscal year, this amount shall be
32the average class enrollment for each schoolsite for kindergarten
33and grades 1 to 3, inclusive, in the 2012-13 fiscal year.

34(ii) Determine a school district’s proportion of total need
35pursuant to paragraph (2) of subdivision (b) of Section 42238.03.

36(iii) Determine the percentage of the need calculated in clause
37(ii) that is met by funding provided to the school district pursuant
38to paragraph (3) of subdivision (b) of Section 42238.03.

P65   1(iv) Determine the difference between the amount computed
2pursuant to clause (i) and an average class enrollment of not more
3than 24 pupils.

4(v) Calculate a current year average class enrollment adjustment
5for each schoolsite for kindergarten and grades 1 to 3, inclusive,
6equal to the adjustment calculated in clause (iv) multiplied by the
7percentage determined pursuant to clause (iii).

8(C) School districts that have an average class enrollment for
9each schoolsite for kindergarten and grades 1 to 3, inclusive, of
1024 pupils or less for each schoolsite in the 2012-13 fiscal year,
11shall be exempt from the requirements of subparagraph (B) so long
12as the school district continues to maintain an average class
13enrollment for each schoolsite for kindergarten and grades 1 to 3,
14 inclusive, of not more than 24 pupils, unless a collectively
15bargained alternative ratio is agreed to by the school district.

16(D) Upon full implementation of the local control funding
17formula, as a condition of the receipt of funds in this paragraph,
18all school districts shall maintain an average class enrollment for
19each schoolsite for kindergarten and grades 1 to 3, inclusive, of
20not more than 24 pupils for each schoolsite in kindergarten and
21grades 1 to 3, inclusive, unless a collectively bargained alternative
22ratio is agreed to by the school district.

23(E) The average class enrollment requirement for each schoolsite
24for kindergarten and grades 1 to 3, inclusive, established pursuant
25to this paragraph shall not be subject to waiver by the state board
26pursuant to Section 33050 or by the Superintendent.

27(F) The Controller shall include the instructions necessary to
28enforce this paragraph in the audit guide required by Section
2914502.1. The instructions shall include, but are not necessarily
30limited to, procedures for determining if the average class
31enrollment for each schoolsite for kindergarten and grades 1 to 3,
32inclusive, exceeds 24 pupils, or an alternative average class
33enrollment for each schoolsite pursuant to a collectively bargained
34alternative ratio. The procedures for determining average class
35enrollment for each schoolsite shall include criteria for employing
36sampling.

37(4) The Superintendent shall compute an additional adjustment
38to the base grant for grades 9 to 12, inclusive, as adjusted for
39inflation pursuant to paragraph (2), equal to 2.6 percent. The
40additional grant shall be calculated by multiplying the base grant
P66   1for grades 9 to 12, inclusive, as adjusted by paragraph (2), by 2.6
2percent.

3(e) The Superintendent shall compute a supplemental grant
4add-on equal to 20 percent of the base grants as specified in
5subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
6(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
7(d), for each school district’s or charter school’s percentage of
8unduplicated pupils calculated pursuant to paragraph (5) of
9subdivision (b). The supplemental grant shall be calculated by
10multiplying the base grants as specified in subparagraphs (A) to
11(D), inclusive, of paragraph (1), as adjusted by paragraphs (2) to
12(4), inclusive, of subdivision (d), by 20 percent and by the
13percentage of unduplicated pupils calculated pursuant to paragraph
14(5) of subdivision (b) in that school district or charter school. The
15supplemental grant shall be expended in accordance with the
16regulations adopted pursuant to Section 42238.07.

17(f) (1) The Superintendent shall compute a concentration grant
18add-on equal to 50 percent of the base grants as specified in
19subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
20(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
21(d), for each school district’s or charter school’s percentage of
22unduplicated pupils calculated pursuant to paragraph (5) of
23subdivision (b) in excess of 55 percent of the school district’s or
24charter school’s total enrollment. The concentration grant shall be
25calculated by multiplying the base grants as specified in
26subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
27(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
28(d), by 50 percent and by the percentage of unduplicated pupils
29calculated pursuant to paragraph (5) of subdivision (b) in excess
30of 55 percent of the total enrollment in that school district or charter
31school.

32(2) (A) For a charter school physically located in only one
33school district, the percentage of unduplicated pupils calculated
34pursuant to paragraph (5) of subdivision (b) in excess of 55 percent
35used to calculate concentration grants shall not exceed the
36percentage of unduplicated pupils calculated pursuant to paragraph
37(5) of subdivision (b) in excess of 55 percent of the school district
38in which the charter school is physically located. For a charter
39school physically located in more than one school district, the
40charter school’s percentage of unduplicated pupils calculated
P67   1pursuant to paragraph (5) of subdivision (b) in excess of 55 percent
2used to calculate concentration grants shall not exceed that of the
3school district with the highest percentage of unduplicated pupils
4calculated pursuant to paragraph (5) of subdivision (b) in excess
5of 55 percent of the school districts in which the charter school
6has a school facility. The concentration grant shall be expended
7in accordance with the regulations adopted pursuant to Section
842238.07.

9(B) For purposes of this paragraph and subparagraph (A) of
10paragraph (1) of subdivision (f) of Section 42238.03, a charter
11school shall report its physical location to the department under
12timeframes established by the department. For a charter school
13authorized by a school district, the department shall include the
14authorizing school district in the department’s determination of
15physical location. For a charter school authorized on appeal
16pursuant to subdivision (j) of Section 47605, the department shall
17include the sponsoring school district in the department’s
18determination of physical location. The reported physical location
19of the charter school shall be considered final as of the second
20principal apportionment for that fiscal year. For purposes of this
21paragraph, the percentage of unduplicated pupils of the school
22district associated with the charter school pursuant to subparagraph
23(A) shall be considered final as of the second principal
24apportionment for that fiscal year.

25(g) The Superintendent shall compute an add-on to the total
26sum of a school district’s or charter school’s base, supplemental,
27and concentration grants equal to the amount of funding a school
28district or charter school received from funds allocated pursuant
29to the Targeted Instructional Improvement Block Grant program,
30as set forth in Article 6 (commencing with Section 41540) of
31Chapter 3.2, for the 2012-13 fiscal year, as that article read on
32January 1, 2013. A school district or charter school shall not receive
33a total funding amount from this add-on greater than the total
34amount of funding received by the school district or charter school
35from that program in the 2012-13 fiscal year. The amount
36computed pursuant to this subdivision shall reflect the reduction
37specified in paragraph (2) of subdivision (a) of Section 42238.03.

38(h) begin insert(1)end insertbegin insertend insert The Superintendent shall compute an add-on to the total
39sum of a school district’s or charter school’s base, supplemental,
40and concentration grants equal to the amount of funding a school
P68   1district or charter school received from funds allocated pursuant
2to the Home-to-School Transportation program, as set forth in
3former Article 2 (commencing with Section 39820) of Chapter 1
4of Part 23.5, former Article 10 (commencing with Section 41850)
5of Chapter 5, and the Small School District Transportation
6program, as set forth in former Article 4.5 (commencing with
7Section 42290),begin insert as those articles read on January 1, 2013,end insert for the
82012-13 fiscal year. A school district or charter school shall not
9receive a total funding amount from this add-on greater than the
10total amount received by the school district or charter school for
11those programs in the 2012-13 fiscal year. The amount computed
12pursuant to this subdivision shall reflect the reduction specified in
13paragraph (2) of subdivision (a) of Section 42238.03.

begin insert

14(2) If a home-to-school transportation joint powers agency,
15established pursuant to Article 1 (commencing with Section 6500)
16of Chapter 5 of Division 7 of Title 1 of the Government Code for
17purposes of providing pupil transportation, received an
18apportionment directly from the Superintendent from any of the
19funding sources specified in paragraph (1) for the 2012-13 fiscal
20year, the joint powers agency may identify the member local
21educational agencies and transfer entitlement to that funding to
22any of those member local educational agencies by reporting to
23the Superintendent, on or before September 30, 2015, the
24reassignment of a specified amount of the joint powers agency’s
252012-13 fiscal year entitlement to the member local educational
26agency. Commencing with the 2015-16 fiscal year, the
27Superintendent shall compute an add-on to the total sum of a
28school district’s or charter school’s base, supplemental, and
29concentrations grants equal to the amount of the entitlement to
30funding transferred by the joint powers agency to the member
31school district or charter school.

end insert

32(i) (1) The sum of the local control funding formula rates
33computed pursuant to subdivisions (c) to (f), inclusive, shall be
34multiplied by:

35(A) For school districts, the average daily attendance of the
36school district in the corresponding grade level ranges computed
37pursuant to Section 42238.05, excluding the average daily
38attendance computed pursuant to paragraph (2) of subdivision (a)
39of Section 42238.05 for purposes of the computation specified in
40subdivision (d).

P69   1(B) For charter schools, the total current year average daily
2attendance in the corresponding grade level ranges.

3(2) The amount computed pursuant to Article 4 (commencing
4with Section 42280) shall be added to the amount computed
5pursuant to paragraphs (1) to (4), inclusive, of subdivision (d), as
6multiplied by subparagraph (A) or (B) of paragraph (1), as
7appropriate.

8(j) The Superintendent shall adjust the sum of each school
9district’s or charter school’s amount determined in subdivisions
10(g) to (i), inclusive, pursuant to the calculation specified in Section
1142238.03, less the sum of the following:

12(1) (A) For school districts, the property tax revenue received
13pursuant to Chapter 3.5 (commencing with Section 75) and Chapter
146 (commencing with Section 95) of Part 0.5 of Division 1 of the
15Revenue and Taxation Code.

16(B) For charter schools, the in-lieu property tax amount provided
17to a charter school pursuant to Section 47635.

18(2) The amount, if any, received pursuant to Part 18.5
19(commencing with Section 38101) of Division 2 of the Revenue
20and Taxation Code.

21(3) The amount, if any, received pursuant to Chapter 3
22(commencing with Section 16140) of Part 1 of Division 4 of Title
232 of the Government Code.

24(4) Prior years’ taxes and taxes on the unsecured roll.

25(5) Fifty percent of the amount received pursuant to Section
2641603.

27(6) The amount, if any, received pursuant to the Community
28Redevelopment Law (Part 1 (commencing with Section 33000)
29of Division 24 of the Health and Safety Code), less any amount
30received pursuant to Section 33401 or 33676 of the Health and
31Safety Code that is used for land acquisition, facility construction,
32reconstruction, or remodeling, or deferred maintenance and that
33is not an amount received pursuant to Section 33492.15, or
34paragraph (4) of subdivision (a) of Section 33607.5, or Section
3533607.7 of the Health and Safety Code that is allocated exclusively
36for educational facilities.

37(7) The amount, if any, received pursuant to Sections 34177,
3834179.5, 34179.6, 34183, and 34188 of the Health and Safety
39Code.

P70   1(8) Revenue received pursuant to subparagraph (B) of paragraph
2(3) of subdivision (e) of Section 36 of Article XIII of the California
3Constitution.

4(k) A school district shall annually transfer to each of its charter
5schools funding in lieu of property taxes pursuant to Section 47635.

6(l) (1) Nothing in this section shall be interpreted to authorize
7a school district that receives funding on behalf of a charter school
8pursuant to Section 47651 to redirect this funding for another
9purpose unless otherwise authorized in law pursuant to paragraph
10(2) or pursuant to an agreement between the charter school and its
11chartering authority.

12(2) A school district that received funding on behalf of a locally
13funded charter school in the 2012-13 fiscal year pursuant to
14paragraph (2) of subdivision (b) of Section 42605, Section 42606,
15and subdivision (b) of Section 47634.1, as those sections read on
16January 1, 2013, or a school district that was required to pass
17through funding to a conversion charter school in the 2012-13
18fiscal year pursuant to paragraph (2) of subdivision (b) of Section
1942606, as that section read on January 1, 2013, may annually
20redirect for another purpose a percentage of the amount of the
21funding received on behalf of that charter school. The percentage
22of funding that may be redirected shall be determined pursuant to
23the following computation:

24(A) (i) Determine the sum of the need fulfilled for that charter
25school pursuant to paragraph (3) of subdivision (b) of Section
2642238.03 in the then current fiscal year for the charter school.

27(ii) Determine the sum of the need fulfilled in every fiscal year
28before the then current fiscal year pursuant to paragraph (3) of
29subdivision (b) of Section 42238.03 adjusted for changes in average
30daily attendance pursuant to paragraph (3) of subdivision (a) of
31Section 42238.03 for the charter school.

32(iii) Subtract the amount computed pursuant to paragraphs (1)
33to (3), inclusive, of subdivision (a) of Section 42238.03 from the
34amount computed for that charter school under the local control
35funding formula entitlement computed pursuant to subdivision (i)
36ofbegin delete Section 42238.02.end deletebegin insert this section.end insert

37(iv) Compute a percentage by dividing the sum of the amounts
38computed to clauses (i) and (ii) by the amount computed pursuant
39to clause (iii).

P71   1(B) Multiply the percentage computed pursuant to subparagraph
2(A) by the amount of funding the school district received on behalf
3of the charter school in the 2012-13 fiscal year pursuant to
4paragraph (2) of subdivision (b) of Section 42605, Section 42606,
5and subdivision (b) of Section 47634.1, as those sections read on
6January 1, 2013.

7(C) The maximum amount that may be redirected shall be the
8lesser of the amount of funding the school district received on
9behalf of the charter school in the 2012-13 fiscal year pursuant to
10paragraph (2) of subdivision (b) of Section 42605, Section 42606,
11and subdivision (b) of Section 47634.1, as those sections read on
12January 1, 2013, or the amount computed pursuant to subparagraph
13(B).

14(3) Commencing with the 2013-14 fiscal year, a school district
15operating one or more affiliated charter schools shall provide each
16affiliated charter school schoolsite with no less than the amount
17of funding the schoolsite received pursuant to the charter school
18block grant in the 2012-13 fiscal year.

19(m) Any calculations in law that are used for purposes of
20determining if a local educational agency is an excess tax school
21entity or basic aid school district, including, but not limited to, this
22section and Sections 42238.03, 41544, 47632, 47660, 47663,
2348310, and 48359.5, and Section 95 of the Revenue and Taxation
24Code, shall be made exclusive of the revenue received pursuant
25to subparagraph (B) of paragraph (3) of subdivision (e) of Section
2636 of Article XIII of the California Constitution.

27(n) The funds apportioned pursuant to this section and Section
2842238.03 shall be available to implement the activities required
29pursuant to Article 4.5 (commencing with Section 52060) of
30Chapter 6.1 of Part 28 of Divisionbegin delete 4 of Title 2.end deletebegin insert 4.end insert

31(o) A school district that does not receive an apportionment of
32state funds pursuant to this section, as implemented pursuant to
33Section 42238.03, excluding funds apportioned pursuant to the
34requirements of subparagraph (A) of paragraph (2) of subdivision
35(e) of Section 42238.03, shall be considered a “basic aid school
36district” or an “excess tax entity.”

37begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 42238.03 of the end insertbegin insertEducation Codeend insertbegin insert is amended
38to read:end insert

39

42238.03.  

(a) Commencing with the 2013-14 fiscal year and
40each fiscal year thereafter, the Superintendent shall calculate a
P72   1base entitlement for the transition to the local control funding
2formula for each school district and charter school equal to the
3sum of the amounts computed pursuant to paragraphs (1) to (4),
4inclusive. The amounts computed pursuant to paragraphs (1) to
5(4), inclusive, shall be continuously appropriated pursuant to
6Section 14002.

7(1) The current fiscal year base entitlement funding level shall
8be the sum of all of the following:

9(A) For school districts, revenue limits in the 2012-13 fiscal
10year as computed pursuant to Article 2 (commencing with Section
1142238), as that article read on January 1, 2013, divided by the
122012-13 average daily attendance of the school district computed
13pursuant to Section 42238.05. That quotient shall be multiplied
14by the current fiscal year average daily attendance of the school
15district computed pursuant Section 42238.05. A school district’s
162012-13 fiscal year revenue limit funding shall exclude amounts
17computed pursuant to Article 4 (commencing with Section 42280).
18For purposes of this subparagraph, 2012-13 fiscal year average
19daily attendance and 2012-13 fiscal year revenue limits shall be
20considered final as of the annual apportionment for the 2012-13
21fiscal year, as calculated for purposes of the certification required
22on or before February 20, 2014, pursuant to Sections 41332 and
2341339.

24(B) (i) For charter schools, general purpose funding in the
252012-13 fiscal year as computed pursuant to Article 2
26(commencing with Section 47633) of Chapter 6 of Part 26.8 of
27Division 4, as that article read on January 1, 2013, and the amount
28of in-lieu property tax provided to the charter school pursuant to
29Section 47635, as that section read on June 30, 2013, divided by
30the 2012-13 average daily attendance of the charter school
31computed pursuant to Section 42238.05. That quotient shall be
32multiplied by the current fiscal year average daily attendance of
33the charter school computed pursuant to Section 42238.05. For
34purposes of this subparagraph, 2012-13 fiscal year average daily
35attendance and 2012-13 fiscal year general purpose funding, as
36computed pursuant to Article 2 (commencing with Section 47633)
37of Chapter 6 of Part 26.8 of Division 4, as that article read on
38January 1, 2013, shall be considered final as of the annual
39apportionment for the 2012-13 fiscal year, as calculated for
P73   1purposes of the certification required on or before February 20,
22014, pursuant to Sections 41332 and 41339.

3(ii) The amount computed pursuant to clause (i) shall exclude
4funds received by a charter school pursuant to Section 47634.1,
5as that section read on January 1, 2013.

6(C) The amount computed pursuant to subparagraph (A) shall
7exclude funds received pursuant to Section 47633, as that section
8read on January 1, 2013.

9(D) For school districts, funding for qualifying necessary small
10high school and necessary small elementary schools shall be
11adjusted to reflect the funding levels that correspond to the 2012-13
12necessary small high school and necessary small elementary school
13allowances pursuantbegin insert toend insert Article 4 (commencing with Section 42280)
14andbegin insert formerend insert Section 42238.146, as those provisions read on January
151, 2013.

16(2) (A) Entitlements from items contained in Section 2.00, as
17adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
18Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
196110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
206110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
216110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
226110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
236110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
246110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
256110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
266110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
276110-268-0001,begin insert andend insert 6360-101-0001, 2012-13 fiscal year funding
28for the Class Size Reduction Program pursuant tobegin insert formerend insert Chapter
296.10 (commencing with Section 52120) of Part 28 of Division 4,
30as it read on January 1, 2013, and 2012-13 fiscal year funding for
31pupils enrolled in community day schools who are mandatorily
32expelled pursuant to subdivision (d) of Section 48915. The
33entitlement for basic aid school districts shall include the reduction
34of 8.92 percent as applied pursuant to subparagraph (A) of
35paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the
36Statutes of 2012. For purposes of this subparagraph, 2012-13 fiscal
37year entitlements shall be considered final as of the annual
38apportionment for the 2012-13 fiscal year, as calculated for
39purposes of the certification required on or before February 20,
402014, pursuant to Sections 41332 and 41339.

P74   1(B) Commencing with the 2014-15 fiscal year, the entitlements
2identified in subparagraph (A) shall be adjusted to reflect the
3exclusion of one-time redevelopment agency liquid asset recovery
4revenue, pursuant to Section 34179.5 and following, of the Health
5and Safety Code, before the application of the 8.92-percent
6reduction applied pursuant to subparagraph (A) of paragraph (1)
7of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.

8(3) The allocations pursuant to Sections 42606 and 47634.1, as
9those sections read on January 1, 2013, divided by the 2012-13
10average daily attendance of the charter school computed pursuant
11to Section 42238.05. That quotient shall be multiplied by the
12current fiscal year average daily attendance of the charter school
13computed pursuant to Section 42238.05.

14(4) The amount allocated to a school district or charter school
15pursuant to paragraph (3) of subdivision (b) for the fiscal years
16before the current fiscal year divided by the average daily
17attendance of the school district or charter school for the fiscal
18years before the current fiscal year computed pursuant to Section
1942238.05. That quotient shall be multiplied by the current fiscal
20year average daily attendance of the school district or charter school
21computed pursuant to Section 42238.05.begin insert For purposes of this
22paragraph, the amount allocated pursuant to paragraph (3) of
23subdivision (b) for the fiscal years before the current fiscal year,
24and the average daily attendance of the school district or charter
25school for the fiscal years before the current fiscal year, as
26computed pursuant to Section 42238.05, shall be considered final
27as of the third recertification of the annual apportionment.end insert

28(5) (A) For the 2013-14 and 2014-15 fiscal years only, a school
29district that, in the 2012-13 fiscal year, from any of the funding
30sources identified in paragraph (1) or (2), received funds on behalf
31of, or provided funds to, a regional occupational center or program
32joint powers agency established in accordance with Article 1
33(commencing with Section 6500) of Chapter 5 of Division 7 of
34Title 1 of the Government Code for purposes of providing
35instruction to secondary pupils shall not redirect that funding for
36another purpose unless otherwise authorized in law or pursuant to
37an agreement between the regional occupational center or program
38joint powers agency and the contracting school district.

39(B) For the 2013-14 and 2014-15 fiscal years only, if a regional
40occupational center or program joint powers agency established
P75   1in accordance with Article 1 (commencing with Section 6500) of
2Chapter 5 of Division 7 of Title 1 of the Government Code for
3purposes of providing instruction to pupils enrolled in grades 9 to
412, inclusive, received, in the 2012-13 fiscal year, an
5apportionment of funds directly from any of the funding sources
6identified in subparagraph (A) of paragraph (2) of subdivision (a),
7the Superintendent shall apportion that same amount to the regional
8occupational center or program joint powers agency.

9(6) (A) (i) For the 2013-14 and 2014-15 fiscal years only, a
10school district that, in the 2012-13 fiscal year, from any of the
11funding sources identified in paragraph (1) or (2), received funds
12on behalf of, or provided funds to, a home-to-school transportation
13joint powers agency established in accordance with Article 1
14(commencing with Section 6500) of Chapter 5 of Division 7 of
15Title 1 of the Government Code for purposes of providing pupil
16transportation shall not redirect that funding for another purpose
17unless otherwise authorized in law or pursuant to an agreement
18between the home-to-school transportation joint powers agency
19and the contracting school district.

20(ii) For the 2013-14 and 2014-15 fiscal years only, if a
21home-to-school transportation joint powers agency established in
22accordance with Article 1 (commencing with Section 6500) of
23Chapter 5 of Division 7 of Title 1 of the Government Code for
24purposes of providing pupil transportation received, in the 2012-13
25fiscal year, an apportionment of funds directly from the
26Superintendent from any of the funding sources identified in
27subparagraph (A) of paragraph (2) of subdivision (a), the
28Superintendent shall apportion that same amount to the
29home-to-school transportation joint powers agency.

begin insert

30(iii) If a home-to-school transportation joint powers agency,
31established pursuant to Article 1 (commencing with Section 6500)
32of Chapter 5 of Division 7 of Title 1 of the Government Code for
33purposes of providing pupil transportation, received an
34apportionment directly from the Superintendent from any of the
35funding sources specified in subparagraph (A) of paragraph (2)
36of subdivision (a) for the 2012-13 fiscal year, the joint powers
37agency may identify the member local educational agencies and
38transfer entitlement to that funding to any of those member local
39educational agencies by reporting to the Superintendent, on or
40before September 30, 2015, the reassignment of a specified amount
P76   1of the joint powers agency’s 2012-13 fiscal year entitlement to
2the member local educational agency. Commencing with the
32015-16 fiscal year, the Superintendent shall add the reassigned
4amounts to the amounts calculated pursuant to subparagraph (A)
5of paragraph (2) of subdivision (a).

end insert

6(B) In addition to subparagraph (A), of the funds a school district
7receives for home-to-school transportation programs the school
8district shall expend, pursuant tobegin insert formerend insert Article 2 (commencing
9with Section 39820) of Chapter 1 of Part 23.5,begin insert formerend insert Article 10
10(commencing with Section 41850) of Chapter 5, and the Small
11School District Transportation program, as set forth inbegin insert formerend insert
12 Article 4.5 (commencing with Section 42290) of Chapter 7 of Part
1324 of Division 3 of Title 2,begin insert as those articles read on January 1,
142013,end insert
no less for those programs than the amount of funds the
15school district expended for home-to-school transportation in the
162012-13 fiscal year.

17(7) For the 2013-14 and 2014-15 fiscal years only, of the funds
18a school district receives for purposes of regional occupational
19centers or programs, or adult education, the school district shall
20expend no less than the amount of funds the school district
21expended for purposes of regional occupational centers or
22programs, or adult education, respectively, in the 2012-13 fiscal
23year. For purposes of this paragraph, a school district may include
24expenditures made by its county office of education within the
25school district for purposes of regional occupational centers or
26programs so long as the total amount of expenditures by the school
27district and the county office of education equal or exceed the total
28amount required to be expended for purposes of regional
29occupational centers or programs pursuant to this paragraph and
30paragraph (3) of subdivision (k) of Section 2575.

31(8) For the 2013-14 and 2014-15 fiscal years only, and for
32purposes of ensuring the continuity of essential induction and
33training services for beginning teachers, the Alameda County
34Superintendent of Schools shall withhold five hundred eighty-one
35thousand five hundred forty dollars ($581,540) from the local
36control funding formula apportionments of the Newark Unified
37School District, and from those withheld funds shall allocate the
38following amounts to the following entities:

39(A) One hundred forty-seven thousand nine hundred twenty
40dollars ($147,920) to the Alameda Unified School District.

P77   1(B) One hundred four thousand dollars ($104,000) to the San
2Leandro Unified School District.

3(C) One hundred sixty-four thousand six hundred twenty dollars
4($164,620) to the Berkeley Unified School District.

5(D) One hundred sixty-five thousand dollars ($165,000) to the
6San Lorenzo Unified School District.

7(b) Compute an annual local control funding formula transition
8adjustment for each school district and charter school as follows:

9(1) Subtract the amount computed pursuant to paragraphs (1)
10to (4), inclusive, of subdivision (a) from the amount computed for
11each school district or charter school under the local control
12funding formula entitlements computed pursuant to Section
1342238.02. School districts and charter schools with a negative
14difference shall be deemed to have a zero difference.

15(2) Each school district’s and charter school’s total need, as
16calculated pursuant to paragraph (1), shall be divided by the sum
17of all school districts’ and charter schools’ total need to determine
18the school district’s or charter school’s respective proportions of
19total need.

20(3) (A) Each school district’s and charter school’s proportion
21of total need shall be multiplied by any available appropriations
22specifically made for purposes of this subdivision, and added to
23the school district’s or charter school’s funding amounts as
24calculated pursuant to subdivision (a).

25(B) For purposes of subparagraph (A), the proportion of total
26need that is funded from any available appropriations specifically
27made for purposes of this subdivision for a fiscal year shall be
28considered fixed as of the second principal apportionment for that
29fiscal year. Adjustments to a school district’s or charter school’s
30total need, as computed pursuant to paragraph (1), subsequent to
31the second principal apportionment for a fiscal year, shall be funded
32based on the fixed proportion of total need that is funded for that
33fiscal year pursuant to this subdivision and shall be continuously
34appropriated pursuant to Section 14002.

35(4) If the total amount of funds appropriated for purposes of
36paragraph (3) pursuant to this subdivision are sufficient to fully
37fund any positive amounts computed pursuant to paragraph (1),
38the local control funding formula grant computed pursuant to
39subdivision (c) of Section 42238.02 shall be adjusted to ensure
P78   1that any available appropriation authority is expended for purposes
2of the local control funding formula.

3(5) Commencing with the first fiscal year after either paragraph
4(4) of this subdivision or paragraph (2) of subdivision (g) applies,
5the adjustments in paragraph (2) of subdivision (d) of Section
642238.02 shall be made only if an appropriation for those
7adjustments is included in the annual Budget Act.

8(c) The Superintendent shall subtract from the amounts
9computed pursuant to subdivisions (a) and (b) the sum of the
10following:

11(1) (A) For school districts, the property tax revenue received
12pursuant to Chapter 3.5 (commencing with Section 75) and Chapter
136 (commencing with Section 95) of Part 0.5 of Division 1 of the
14Revenue and Taxation Code.

15(B) For charter schools, the in-lieu property tax amount provided
16to a charter school pursuant to Section 47635.

17(2) The amount, if any, received pursuant to Part 18.5
18(commencing with Section 38101) of Division 2 of the Revenue
19and Taxation Code.

20(3) The amount, if any, received pursuant to Chapter 3
21(commencing with Section 16140) of Part 1 of Division 4 of Title
222 of the Government Code.

23(4) Prior years’ taxes and taxes on the unsecured roll.

24(5) Fifty percent of the amount received pursuant to Section
2541603.

26(6) The amount, if any, received pursuant to the Community
27Redevelopment Law (Part 1 (commencing with Section 33000)
28of Division 24 of the Health and Safety Code), less any amount
29received pursuant to Section 33401 or 33676 of the Health and
30Safety Code that is used for land acquisition, facility construction,
31reconstruction, or remodeling, or deferred maintenance and that
32is not an amount received pursuant to Section 33492.15, or
33paragraph (4) of subdivision (a) of Section 33607.5, or Section
3433607.7 of the Health and Safety Code that is allocated exclusively
35for educational facilities.

36(7) The amount, if any, received pursuant to Sections 34177,
3734179.5, 34179.6, 34183, and 34188 of the Health and Safety
38Code.

P79   1(8) Revenue received pursuant to subparagraph (B) of paragraph
2(3) of subdivision (e) of Section 36 of Article XIII of the California
3Constitution.

4(d) A school district or charter school that has a zero difference
5pursuant to paragraph (1) of subdivision (b) in the prior fiscal year
6shall receive an entitlement equal to the amount calculated pursuant
7to Section 42238.02 in the current fiscal year and future fiscal
8years.

9(e) Notwithstandingbegin insert paragraph (2) of subdivision (g), orend insert the
10computations pursuant to subdivisions (b) to (d), inclusive, and
11Section 42238.02, commencing with the 2013-14 fiscal year, a
12school district or charter school shall receive state-aid funding of
13no less than the sum of the amounts computed pursuant to
14paragraphs (1) to (3), inclusive.

15(1) (A) For school districts, revenue limits in the 2012-13 fiscal
16year as computed pursuant to Article 2 (commencing with Section
1742238), as that article read on January 1, 2013, divided by the
182012-13 average daily attendance of the school district computed
19pursuant to Section 42238.05. That quotient shall be multiplied
20by the current fiscal year average daily attendance of the school
21district computed pursuant Section 42238.05. A school district’s
222012-13 revenue limit funding shall exclude amounts computed
23pursuant to Article 4 (commencing with Section 42280). For
24purposes of this subparagraph, 2012-13 fiscal year average daily
25attendance and 2012-13 fiscal year revenue limits shall be
26considered final as of the annual apportionment for the 2012-13
27fiscal year, as calculated for purposes of the certification required
28on or before February 20, 2014, pursuant to Sections 41332 and
2941339.

30(B) (i) For charter schools, general purpose funding in the
312012-13 fiscal year as computed pursuant to Article 2
32(commencing with Section 47633) of Chapter 6 of Part 26.8 of
33Division 4, as that article read on January 1, 2013, and the amount
34of in-lieu property tax provided to the charter school in the 2012-13
35fiscal year pursuant to Section 47635, as that section read on
36January 1, 2013, divided by the 2012-13 average daily attendance
37of the charter school computed pursuant to Section 42238.05. That
38quotient shall be multiplied by the current fiscal year average daily
39attendance of the charter school computed pursuant to Section
4042238.05. For purposes of this subparagraph, 2012-13 fiscal year
P80   1average daily attendance and 2012-13 fiscal year general purpose
2funding, as computed pursuant to Article 2 (commencing with
3Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that
4article read on January 1, 2013, shall be considered final as of the
5annual apportionment for the 2012-13 fiscal year, as calculated
6for purposes of the certification required on or before February
720, 2014, pursuant to Sections 41332 and 41339.

8(ii) The amount computed pursuant to clause (i) shall exclude
9funds received by a charter school pursuant to Section 47634.1,
10as that section read on January 1, 2013.

11(C) The amount computed pursuant to subparagraph (A) shall
12exclude funds received pursuant to Section 47633, as that section
13read on January 1, 2013.

14(D) For school districts, the 2012-13 funding allowance
15provided for qualifying necessary small high schools and necessary
16small elementary schools pursuant to Article 4 (commencing with
17Section 42280) and Section 42238.146, as those provisions read
18on January 1, 2013.

19(E) The amount computed pursuant to subparagraphs (A) to
20(D), inclusive, shall be reduced by the sum of the amount computed
21pursuant to paragraphs (1) to (8), inclusive, of subdivision (c).

22(2) (A) Entitlements from items contained in Section 2.00, as
23adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
24Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
256110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
266110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
276110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
286110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
296110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
306110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
316110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
32 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
336110-268-0001,begin insert andend insert 6360-101-0001, 2012-13 fiscal year funding
34for the Class Size Reduction Program pursuant tobegin insert formerend insert Chapter
356.10 (commencing with Section 52120) of Part 28 of Division 4,
36as it read on January 1, 2013, and 2012-13 fiscal year funding for
37pupils enrolled in community day schools who are mandatorily
38expelled pursuant to subdivision (d) of Section 48915. The
39entitlement for basic aid school districts shall include the reduction
40of 8.92 percent as applied pursuant to subparagraph (A) of
P81   1paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the
2Statutes of 2012. For purposes of this subparagraph, 2012-13 fiscal
3year entitlements shall be considered final as of the annual
4apportionment for the 2012-13 fiscal year, as calculated for
5purposes of the certification required on or before February 20,
62014, pursuant to Sections 41332 and 41339.

7(B) Commencing with the 2014-15 fiscal year, the entitlements
8identified in subparagraph (A) shall be adjusted to reflect the
9exclusion of one-time redevelopment agency liquid asset recovery
10revenue, pursuant to Section 34179.5 and following, of the Health
11and Safety Code, before the application of the 8.92-percent
12reduction applied pursuant to subparagraph (A) of paragraph (1)
13of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.

14(C) The Superintendent shall annually apportion any entitlement
15provided to the state special schools from the items specified in
16subparagraph (A) to the state special schools in the same amount
17as the state special schools received from those items in the
182012-13 fiscal year.

begin insert

19(D) Commencing with the 2015-16 fiscal year, any portion of
20funding transferred to a school district or charter school by a joint
21powers agency pursuant to clause (iii) of subparagraph (A) of
22paragraph (6) of subdivision (a) shall be deemed to be included
23in the entitlements specified in subparagraph (A) for the school
24district or charter school.

end insert

25(3) The allocations pursuant to Sections 42606 and 47634.1, as
26those sections read on January 1, 2013, divided by the 2012-13
27average daily attendance of the charter school. That quotient shall
28be multiplied by the current fiscal year average daily attendance
29of the charter school.

30(f) (1) For purposes of this section, commencing with the
312013-14 fiscal year and until all school districts and charter schools
32equal or exceed their local control funding formula target computed
33pursuant to Section 42238.02, as determined by the calculation of
34a zero difference pursuant to paragraph (1) of subdivision (b), a
35newly operational charter school shall be determined to have a
36prior yearbegin insert funding amountend insert perbegin insert unit ofend insert average daily attendance
37begin delete funding amountend delete equal to the lesser of:

38(A) The prior year funding amount per unit of average daily
39attendance for the school district in which the charter school is
40physically located. The Superintendent shall calculate the funding
P82   1amount per unit of average daily attendance for this purpose by
2dividing the total local control funding formula entitlement,
3calculated pursuant to subdivisions (a) and (b), received by that
4school district in the prior year by prior year funded average daily
5attendance of that school district. For purposes of this
6subparagraph, a charter school that is physically located in more
7than one school district shall use the calculated local control
8funding entitlement per unit of average daily attendance of the
9school district with the highest prior year funding amount per unit
10of average daily attendance. For purposes of this subparagraph,
11the prior year funding amount per unit of average daily attendance
12for the school district in which the charter school is physically
13located shall be considered final as of the second principal
14apportionment of the prior fiscal year.

15(B) The charter school’s local control funding formula rate
16computed pursuant to subdivisions (c) to (i), inclusive, of Section
1742238.02.

18(2) For charter schools funded pursuant to paragraph (1), the
19charter school shall be eligible to receive growth funding pursuant
20to subdivision (b) toward meeting the newly operational charter
21school’s local control funding formula target.

22(3) Upon a determination that all school districts and charter
23schools equal or exceed the local control funding formula target
24computed pursuant to Section 42238.02, as determined by the
25calculation of a zero difference pursuant to paragraph (1) of
26subdivision (b) for all school districts and charter schools, this
27subdivision shall not apply and the charter school shall receive an
28allocation equal to the amount calculated under Section 42238.02
29in that fiscal year and future fiscal years.

30(4) For purposes of this subdivision, the determination of a
31charter school’s physical location shall be considered final as of
32the second principal apportionment for the applicable fiscal year.

33(g) (1) In each fiscal year the Superintendent shall determine
34the percentage of school districts that are apportioned funding
35pursuant to this section that is less than the amount computed
36pursuant to Section 42238.02 as of the second principal
37apportionments of the fiscal year. If the percentage is less than 10
38percent, the Superintendent shall apportion funding to school
39districts and charter schools equal to the amount computed pursuant
40to Section 42238.02 in that fiscal year.

P83   1(2) For each fiscal year thereafter, the Superintendent shall
2apportion funding to a school district and charter school equal to
3the amount computed pursuant to Section 42238.02.

4begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 44235 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
5read:end insert

6

44235.  

(a) Fees shall be levied by the commission for the
7issuance and renewal of teaching and service credentials.
8Commencing January 1, 1987, the fee for the issuance and renewal
9of teaching and service credentials shall be fifty dollars ($50). In
10subsequent years, the commission may set a different fee, but in
11no case shall a fee exceedbegin delete seventyend deletebegin insert one hundredend insert dollarsbegin delete ($70)end deletebegin insert ($100)end insert
12 without express legislative approval.

13(b) A single fee, not to exceed the charge for a single
14supplemental credential, shall be charged for all supplemental
15credentials applied for at the same time as a teaching or service
16credential pursuant to subdivision (a).

17(c) Subject to funds being appropriated expressly for this
18purpose in the annual Budget Act, fees authorized by this section
19shall be waived by the commission for first-time teaching credential
20applicants for the following credentials:

21(1) Single subject credential.

22(2) Multiple subject credential.

23(3) Special education credential.

24(4) Specialist instruction credential.

25(d) Annually, as part of the budget review process, the
26Department of Finance shall recommend to the Legislature an
27appropriate credential fee sufficient to generate revenues necessary
28to support the operating budget of the commission plus a prudent
29reserve, as determined by the Department of Finance pursuant to
30subdivision (b) of Section 44234.

31begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 47614.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
32to read:end insert

33

47614.5.  

(a) The Charter School Facility Grant Program is
34hereby established, and shall be administered by the California
35School Finance Authority. The grant program is intended to provide
36assistance with facilities rent and lease costs for pupils in charter
37schools.

38(b) Subject to the annual Budget Act, eligible charter schools
39shall receive an amount of up to, but not more than, seven hundred
40fifty dollars ($750) per unit of average daily attendance, as certified
P84   1at the second principal apportionment, to provide an amount of up
2to, but not more than, 75 percent of the annual facilities rent and
3lease costs for the charter school. In any fiscal year, if the funds
4appropriated for purposes of this section by the annual Budget Act
5are insufficient to fully fund the approvedbegin delete amountsend delete amounts, the
6California School Finance Authority shall apportion the available
7funds on a pro rata basis.

8(c) For purposes of this section, the California School Finance
9Authority shall do all of the following:

10(1) Inform charter schools of the grant program.

11(2) Upon application by a charter school, determine eligibility,
12based on the geographic location of the charter schoolsite, pupil
13eligibility for free or reduced-price meals, and a preference in
14admissions, as appropriate. Eligibility for funding shall not be
15limited to the grade level or levels served by the school whose
16attendance area is used to determine eligibility. A charter schoolsite
17is eligible for funding pursuant to this section if the charter
18schoolsite meets either of the following conditions:

19(A) The charter schoolsite is physically located in the attendance
20area of a public elementary school in whichbegin delete 70end deletebegin insert 55end insert percent or more
21of the pupil enrollment is eligible for free or reduced-price meals
22and the charter schoolsite gives a preference in admissions to pupils
23who are currently enrolled in that public elementary school and to
24pupils who reside in the elementary school attendance area where
25the charter schoolsite is located.

26(B) begin deleteSeventy end deletebegin insertFifty-five end insertpercent or more of the pupil enrollment
27at the charter schoolsite is eligible for free or reduced-price meals.

begin delete end deletebegin delete

28(C) In any year in which additional funds remain after state and
29federal funds have been allocated to applicants that meet the
30eligibility criteria in subparagraph (A) or (B), the California School
31Finance Authority shall expand eligibility to additional charter
32schools that are eligible pursuant to subparagraph (B) by reducing
33the free and reduced-price meals threshold one percentage point
34at a time, but in no case below 60 percent.

end delete
begin delete end delete

35(3) Inform charter schools of their grant eligibility.

36(4) Make apportionments to a charter school for eligible
37expenditures according to the following schedule:

38(A) An initial apportionment by August 31 of each fiscal year
39or 30 days after enactment of the annual Budget Act, whichever
40is later, provided the charter school has submitted a timely
P85   1application for funding, as determined by the California School
2Finance Authority. The initial apportionment shall be 50 percent
3of the charter school’s estimated annual entitlement as determined
4by this section.

5(B) A second apportionment by March 1 of each fiscal year.
6This apportionment shall be 75 percent of the charter school’s
7estimated annual entitlement, as adjusted for any revisions in cost,
8enrollment, and other data relevant to computing the charter
9school’s annual entitlement, less any funding already apportioned
10to the charter school.

11(C) A third apportionment within 30 days of the end of each
12fiscal year or 30 days after receiving the data and documentation
13needed to compute the charter school’s total annual entitlement,
14whichever is later. This apportionment shall be the charter school’s
15total annual entitlement less any funding already apportioned to
16the charter school.

17(D) Notwithstanding subparagraph (A), the initial apportionment
18in the 2013-14 fiscal year shall be made by October 15, 2013, or
19105 days after enactment of the Budget Act of 2013, whichever is
20later.

21(d) For purposes of this section:

22(1) The California School Finance Authority shall use prior year
23data on pupil eligibility for free or reduced-price mealsbegin delete for theend deletebegin insert to
24determine eligibility pursuant to paragraph (2) of subdivision (c).
25A newend insert
charterbegin delete schoolsite andend deletebegin insert school that was not operational in
26theend insert
prior yearbegin insert shall be eligible in the current year if it meets the
27free or reduced-price meal eligibility requirements specified in
28paragraph (2) of subdivision (c) based on current year data. Prior
29yearend insert
rent or lease costs provided by charter schoolsbegin insert shall be usedend insert
30 to determine eligibility for the grant program untilbegin delete current year
31data andend delete
actual rent or lease costs become known or until June 30
32of each fiscal year.

33(2) If prior year rent or lease costs are unavailable, and the
34current year lease and rent costs are not immediately available,
35the California School Finance Authority shall use rent or lease
36cost estimates provided by the charter school.

37(3) The California School Finance Authority shall verify that
38the grant amount awarded to each charter school is consistent with
39eligibility requirements as specified in this section and in
40regulations adopted by the authority. If it is determined by the
P86   1California School Finance Authority that a charter school did not
2receive the proper grant award amount, either the charter school
3shall transfer funds back to the authority as necessary within 60
4days of being notified by the authority, or the authority shall
5provide an additional apportionment as necessary to the charter
6school within 60 days of notifying the charter school, subject to
7the availability of funds.

8(e) Funds appropriated for purposes of this section shall not be
9apportioned for any of the following:

10(1) Units of average daily attendance generated through
11nonclassroom-based instruction as defined by paragraph (2) of
12subdivision (e) of Section 47612.5 or that does not comply with
13conditions or limitations set forth in regulations adopted by the
14state board pursuant to this section.

15(2) Charter schools occupying existing school district or county
16office of education facilities, except that charter schools shall be
17eligible for the portions of their facilities that are not existing
18school district or county office of education facilities.

19(3) Charter schools receiving reasonably equivalent facilities
20from their chartering authorities pursuant to Section 47614, except
21that charter schools shall be eligible for the portions of their
22facilities that are not reasonably equivalent facilities received from
23their chartering authorities.

24(f) Funds appropriated for purposes of this section shall be used
25for costs associated with facilities rents and leases, consistent with
26the definitions used in the California School Accounting Manual
27or regulations adopted by the California School Finance Authority.
28These funds also may be used for costs, including, but not limited
29to, costs associated with remodeling buildings, deferred
30maintenance, initially installing or extending service systems and
31other built-in equipment, and improving sites.

32(g) If an existing charter school located in an elementary
33attendance area in which less than 50 percent of pupil enrollment
34is eligible for free or reduced-price meals relocates to an attendance
35area identified in paragraph (2) of subdivision (c), admissions
36preference shall be given to pupils who reside in the elementary
37school attendance area into which the charter school is relocating.

38(h) The California School Finance Authority annually shall
39report to the department and the Director of Finance, and post
40information on its Internet Web site, regarding the use of funds
P87   1that have been made available during the fiscal year to each charter
2school pursuant to the grant program.

3(i) The California School Finance Authority shall annually
4allocate the facilities grants to eligible charter schools according
5to the schedule in paragraph (4) of subdivision (c) for the current
6school year rent and lease costs. However, the California School
7Finance Authority shall first use the funding appropriated for this
8program to reimburse eligible charter schools for unreimbursed
9rent or lease costs for the prior school year.

10(j) It is the intent of the Legislature that the funding level for
11the Charter School Facility Grant Program for the 2012-13 fiscal
12year be considered the base level of funding for subsequent fiscal
13years.

14(k) The Controller shall include instructions appropriate to the
15enforcement of this section in the audit guide required by
16subdivision (a) of Section 14502.1.

17begin delete(l)end deletebegin insert(end insertbegin insertlend insertbegin insert )end insert The California School Finance Authority, effective with
18the 2013-14 fiscal year, shall be considered the senior creditor for
19purposes of satisfying audit findings pursuant to the audit
20instructions to be developed pursuant to subdivision (k).

21(m) The California School Finance Authority may adopt
22regulations to implement this section. Any regulations adopted
23pursuant to this section may be adopted as emergency regulations
24in accordance with the Administrative Procedure Act (Chapter 3.5
25(commencing with Section 11340) of Part 1 of Division 3 of the
26Title 2 of the Government Code). The adoption of these regulations
27shall be deemed to be an emergency and necessary for the
28immediate preservation of the public peace, health and safety, or
29general welfare.

30(n) Notwithstanding any other law, a charter school shall be
31subject, with regard to this section, to audit conducted pursuant to
32Section 41020.

33begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 48000 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
34read:end insert

35

48000.  

(a) A child shall be admitted to a kindergarten
36maintained by the school district at the beginning of a school year,
37or at a later time in the samebegin delete yearend deletebegin insert year,end insert if the child will have his
38or her fifth birthday on or before one of the following dates:

39(1) December 2 of the 2011-12 school year.

40(2) November 1 of the 2012-13 school year.

P88   1(3) October 1 of the 2013-14 school year.

2(4) September 1 of the 2014-15 school year and each school
3year thereafter.

4(b) The governing board ofbegin insert the school district ofend insert a school district
5maintaining one or more kindergartens may, on a case-by-case
6basis, admit to a kindergarten a child having attained the age of
7five years at any time during the school year with the approval of
8the parent or guardian, subject to the following conditions:

9(1) The governing boardbegin insert of the school districtend insert determines that
10the admittance is in the best interests of the child.

11(2) The parent or guardian is given information regarding the
12advantages and disadvantages and any other explanatory
13information about the effect of this early admittance.

14(c) As a condition of receipt of apportionment for pupils in a
15transitional kindergarten program pursuant to Section 46300,begin insert and
16Chapter 3 (commencing with Section 47610) of Part 26.8, as
17applicable,end insert
a school district or charter school shall ensure the
18following:

19(1) In the 2012-13 school year, a child who will have his or her
20fifth birthday between November 2 and December 2 shall be
21admitted to a transitional kindergarten program maintained by the
22schoolbegin delete district.end deletebegin insert district or charter school.end insert

23(2) In the 2013-14 school year, a child who will have his or her
24fifth birthday between October 2 and December 2 shall be admitted
25to a transitional kindergarten program maintained by the school
26begin delete district.end deletebegin insert district or charter school.end insert

27(3) begin insert(A)end insertbegin insertend insertbegin delete end deleteIn the 2014-15 school year and each school year
28thereafter, a child who will have his or her fifth birthday between
29September 2 and December 2 shall be admitted to a transitional
30kindergarten program maintained by the schoolbegin delete district.end deletebegin insert district
31or charter school.end insert

begin insert

32(B) (i) For the 2015-16 school year and each school year
33thereafter, a school district or charter school may, at any time
34during a school year, admit a child to a transitional kindergarten
35program who will have his or her fifth birthday after December 2
36but during that same school year, with the approval of the parent
37or guardian, subject to the following conditions:

end insert
begin insert

38(I) The governing board of the school district or the governing
39body of the charter school determines that the admittance is in the
40best interests of the child.

end insert
begin insert

P89   1(II) The parent or guardian is given information regarding the
2advantages and disadvantages and any other explanatory
3information about the effect of this early admittance.

end insert
begin insert

4(ii) Notwithstanding any other law, a pupil admitted to a
5transitional kindergarten program pursuant to clause (i) shall not
6generate average daily attendance for purposes of Section 46300,
7or be included in the enrollment or unduplicated pupil count
8pursuant to Section 42238.02, until the pupil has attained his or
9her fifth birthday, regardless of when the pupil was admitted during
10the school year.

end insert

11(d) For purposes of this section, “transitional kindergarten”
12means the first year of a two-year kindergarten program that uses
13a modified kindergarten curriculum that is age and developmentally
14appropriate.

15(e) A transitional kindergarten shall not be construed as a new
16program or higher level of service.

17(f) It is the intent of the Legislature that transitional kindergarten
18curriculum be aligned to the California Preschool Learning
19Foundations developed by the department.

20(g) As a condition of receipt of apportionment for pupils in a
21transitional kindergarten program pursuant to Section 46300, a
22school district or charter school shall ensure that credentialed
23teachers who are first assigned to a transitional kindergarten
24classroom after July 1, 2015, have, by August 1, 2020, one of the
25following:

26(1) At least 24 units in early childhood education, or childhood
27development, or both.

28(2) As determined by the local educational agency employing
29the teacher, professional experience in a classroom setting with
30preschool age children that is comparable to the 24 units of
31education described in paragraph (1).

32(3) A child development teacher permit issued by the
33Commission on Teacher Credentialing.

34begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 49430.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
35to read:end insert

36

49430.5.  

(a) The reimbursement a school receives for free and
37reduced-price meals sold or served to pupils in elementary, middle,
38or high schools included within a school district, charter school,
39or county office of education shall be twenty-two andbegin delete forty-eightend delete
40begin insert seventy-oneend insert hundredths centsbegin delete ($0.2248)end deletebegin insert ($0.2271)end insert per meal, and,
P90   1for meals served in child care centers and homes, the
2reimbursement shall be sixteen andbegin delete seventy-fourend deletebegin insert ninety-oneend insert
3 hundredths centsbegin delete ($0.1674)end deletebegin insert ($0.1691)end insert per meal.

4(b) To qualify for the reimbursement for free and reduced-price
5meals provided to pupils in elementary, middle, or high schools,
6a school shall follow the Enhanced Food Based Meal Pattern,
7Nutrient Standard Meal Planning, or Traditional Meal Pattern
8developed by the United States Department of Agriculture or the
9SHAPE Menu Patterns developed by the state.

10(c) The reimbursement rates set forth in this section shall be
11adjusted annually for increases in cost of living in the same manner
12set forth in Section 42238.1.

13begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 51745.6 of the end insertbegin insertEducation Codeend insertbegin insert is amended
14to read:end insert

15

51745.6.  

begin insert

(a) (1) The ratio of average daily attendance for
16independent study pupils 18 years of age or less to school district
17full-time equivalent certificated employees responsible for
18independent study, calculated as specified by the department, shall
19not exceed the equivalent ratio of average daily attendance to
20full-time equivalent certificated employees providing instruction
21in other educational programs operated by the school district,
22unless a new higher or lower average daily attendance ratio for
23all other educational programs offered is negotiated in a collective
24bargaining agreement or a memorandum of understanding is
25entered into that indicates an existing collective bargaining
26agreement contains an alternative average daily attendance ratio.

end insert
begin delete

27(a)

end delete

28begin insert(2)end insertbegin delete(1)end deletebegin deleteend deleteThe ratio of average daily attendance for independent
29study pupils 18 years of age or less tobegin delete school district full-time
30equivalent certificated employees responsible for independent
31study, for the applicable grade span, calculated as specified by the
32department, shall not exceed the equivalent ratio of pupils to
33full-time certificated employees for all other educational programs
34operated by the school district for the applicable grade span, unless
35a new higher or lower grade span ratio for all other educational
36programs offered within the respective grade span is negotiated
37in a collective bargaining agreement or a memorandum of
38understanding is entered into that indicates an existing collective
39bargaining agreement contains an alternative grade span ratio for
40the applicable grade span. The ratio of average daily attendance
P91   1for independent study pupils 18 years of age or less toend delete
county office
2of education full-time equivalent certificated employees responsible
3for independent study,begin delete for the applicable grade span,end delete to be
4calculated in a manner prescribed by the department, shall not
5exceed the equivalentbegin insert prior yearend insert ratio ofbegin delete pupilsend deletebegin insert average daily
6attendanceend insert
to full-timebegin insert equivalentend insert certificated employees for all
7other educational programs operated by the high school or unified
8school district with the largest average daily attendance of pupils
9in that countybegin delete forend deletebegin insert orend insert thebegin delete applicable grade span,end deletebegin insert collectively
10bargained alternative ratio used by that high school or unified
11school district in the prior year,end insert
unless a new higher or lowerbegin delete grade
12spanend delete
begin insert average daily attendanceend insert ratio for all other educational
13programs offeredbegin delete within the respective grade spanend delete is negotiated
14in a collective bargaining agreement or a memorandum of
15understanding is entered into that indicates an existing collective
16bargaining agreement contains an alternativebegin delete grade span ratio for
17the applicable grade span.end delete
begin insert average daily attendance ratio.end insert The
18computation of the ratios shall be performed annually by the
19reporting agency at the time of, and in connection with, the second
20principal apportionment report to the Superintendent.

begin delete end deletebegin delete

21(2) For purposes of this section, the following grade spans shall
22apply:

end delete
begin delete end deletebegin delete end deletebegin delete

23(A) Kindergarten and grades 1 to 3, inclusive.

end delete
begin delete end deletebegin delete end deletebegin delete

24(B) Grades 4 to 6, inclusive.

end delete
begin delete end deletebegin delete end deletebegin delete

25(C) Grades 7 to 8, inclusive.

end delete
begin delete end deletebegin delete end deletebegin delete

26(D) Grades 9 to 12, inclusive.

end delete
begin delete end delete

27(b) Only those units of average daily attendance for independent
28study that reflect a pupil-teacher ratio that does not exceed the
29begin delete applicable grade spanend delete ratios described in subdivision (a) shall be
30eligible for apportionment pursuant to Section 2575, for county
31offices of education, and Section 42238.05, for school districts.
32Nothing in this section shall prevent a school district or county
33office of education from serving additional units of average daily
34attendance greater than thebegin delete applicable grade spanend delete ratios described
35in subdivision (a), except that those additional units shall not be
36funded pursuant to Section 2575 or 42238.05, as applicable. If a
37school district, charter school, or county office of education has a
38memorandum of understanding to provide instruction in
39coordination with the school district, charter school, or county
40office of education at which a pupil is enrolled,begin delete thenend delete thebegin delete applicable
P92   1grade spanend delete
ratios that shall apply for purposes of this paragraph
2are the ratios for the local educational agency providing the
3independent study program to the pupil pursuant to Section
451749.5.

5(c) The calculations performed for purposes of this section shall
6not include either of the following:

7(1) The average daily attendance generated by special education
8pupils enrolled in special day classes on a full-time basis, or the
9teachers of those classes.

10(2) The average daily attendance or teachers in necessary small
11schools that are eligible to receive funding pursuant to Article 4
12(commencing with Section 42280) of Chapter 7 of Partbegin delete 24.end deletebegin insert 24 of
13Division 3.end insert

14(d) The applicablebegin delete pupils-to-certificated-employee grade spanend delete
15begin insert average-daily-attendance-to-certificated-employeeend insert ratios described
16in subdivision (a) may, in a charter school, be calculated by using
17a fixedbegin delete pupils-to-certificated-employeeend deletebegin insert average-daily-attendance-to-certificated-employeeend insert ratio of 25 to 1, or bybegin delete beingend deletebegin insert usingend insert a ratio of less than 25 pupils per certificated employee.begin insert A new higher or lower ratio for all other educational programs offered by a charter school may be negotiated in a collective bargaining agreement, or a memorandum of understanding indicating that an existing collective bargaining agreement contains an alternative average daily attendance ratio may be entered into by a charter school.end insert All charter school pupils, regardless of age, shall be included in the applicablebegin delete pupil-to-certificated-employee grade spanend deletebegin insert average-daily-attendance-to-certificate-employeeend insert ratio calculations.

29begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 52052 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
30read:end insert

31

52052.  

(a) (1) The Superintendent, withbegin insert theend insert approval of the
32state board, shall develop an Academic Performance Index (API),
33to measure the performance of schools and school districts,
34especially the academic performance of pupils.

35(2) A school or school district shall demonstrate comparable
36improvement in academic achievement as measured by the API
37by all numerically significant pupil subgroups at the school or
38school district, including:

39(A) Ethnic subgroups.

40(B) Socioeconomically disadvantaged pupils.

P93   1(C) English learners.

2(D) Pupils with disabilities.

3(E) Foster youth.

begin insert

4(F) Homeless youth.

end insert

5(3) (A) For purposes of this section, a numerically significant
6pupil subgroup is one that consists of at least 30 pupils, each of
7whom has a valid test score.

8(B) Notwithstanding subparagraph (A), for a subgroup of pupils
9who are fosterbegin insert youth or homelessend insert youth, a numerically significant
10pupil subgroup is one that consists of at least 15 pupils.

11(C) For a school or school district with an API score that is
12based on no fewer than 11 and no more than 99 pupils with valid
13test scores, numerically significant pupil subgroups shall be defined
14by the Superintendent, with approval by the state board.

15(4) (A) The API shall consist of a variety of indicators currently
16reported to the department, including, but not limited to, the results
17of the achievement test administered pursuant to Section 60640,
18attendance rates for pupils in elementary schools, middle schools,
19and secondary schools, and the graduation rates for pupils in
20secondary schools.

21(B) The Superintendent, with the approval of the state board,
22may also incorporate into the API the rates at which pupils
23successfully promote from one grade to the next in middle school
24and high school, and successfully matriculate from middle school
25to high school.

26(C) Graduation rates for pupils in secondary schools shall be
27calculated for the API as follows:

28(i) Four-year graduation rates shall be calculated by taking the
29number of pupils who graduated on time for the current school
30year, which is considered to be three school years after the pupils
31entered grade 9 for the first time, and dividing that number by the
32total calculated in clause (ii).

33(ii) The number of pupils entering grade 9 for the first time in
34the school year three school years before the current school year,
35plus the number of pupils who transferred into the class graduating
36at the end of the current school year between the school year that
37was three school years before the current school year and the date
38of graduation, less the number of pupils who transferred out of the
39school between the school year that was three school years before
40the current school year and the date of graduation who were
P94   1members of the class that is graduating at the end of the current
2school year.

3(iii) Five-year graduation rates shall be calculated by taking the
4number of pupils who graduated on time for the current school
5year, which is considered to be four school years after the pupils
6entered grade 9 for the first time, and dividing that number by the
7total calculated in clause (iv).

8(iv) The number of pupils entering grade 9 for the first time in
9the school year four years before the current school year, plus the
10number of pupils who transferred into the class graduating at the
11end of the current school year between the school year that was
12four school years before the current school year and the date of
13graduation, less the number of pupils who transferred out of the
14school between the school year that was four years before the
15current school year and the date of graduation who were members
16of the class that is graduating at the end of the current school year.

17(v) Six-year graduation rates shall be calculated by taking the
18number of pupils who graduated on time for the current school
19year, which is considered to be five school years after the pupils
20entered grade 9 for the first time, and dividing that number by the
21total calculated in clause (vi).

22(vi) The number of pupils entering grade 9 for the first time in
23the school year five years before the current school year, plus the
24number of pupils who transferred into the class graduating at the
25end of the current school year between the school year that was
26five school years before the current school year and the date of
27graduation, less the number of pupils who transferred out of the
28school between the school year that was five years before the
29current school year and the date of graduation who were members
30of the class that is graduating at the end of the current school year.

31(D) The inclusion of five- and six-year graduation rates for
32pupils in secondary schools shall meet the following requirements:

33(i) Schools and school districts shall be granted one-half the
34credit in their API scores for graduating pupils in five years that
35they are granted for graduating pupils in four years.

36(ii) Schools and school districts shall be granted one-quarter the
37credit in their API scores for graduating pupils in six years that
38they are granted for graduating pupils in four years.

39(iii) Notwithstanding clauses (i) and (ii), schools and school
40districts shall be granted full credit in their API scores for
P95   1graduating in five or six years a pupil with disabilities who
2graduates in accordance with his or her individualized education
3program.

4(E) The pupil data collected for the API that comes from the
5achievement test administered pursuant to Section 60640 and the
6high school exit examination administered pursuant to Section
760851, when fully implemented, shall be disaggregated by special
8education status, English learners, socioeconomic status, gender,
9and ethnic group. Only the test scores of pupils who were counted
10as part of the enrollment in the annual data collection of the
11California Basic Educational Data System for the current fiscal
12year and who were continuously enrolled during that year may be
13included in the test result reports in the API score of the school.

14(F) (i) Commencing with the baseline API calculation in 2016,
15and for each year thereafter, results of the achievement test and
16other tests specified in subdivision (b) shall constitute no more
17than 60 percent of the value of the index for secondary schools.

18(ii)  In addition to the elements required by this paragraph, the
19Superintendent, withbegin insert theend insert approval of the state board, may
20incorporate into the index for secondary schools valid, reliable,
21and stable measures of pupil preparedness for postsecondary
22education and career.

23(G) Results of the achievement test and other tests specified in
24subdivision (b) shall constitute at least 60 percent of the value of
25the index for primary schools and middle schools.

26(H) It is the intent of the Legislature that the state’s system of
27public school accountability be more closely aligned with both the
28public’s expectations for public education and the workforce needs
29of the state’s economy. It is therefore necessary that the
30accountability system evolve beyond its narrow focus on pupil test
31scores to encompass other valuable information about school
32performance, including, but not limited to, pupil preparedness for
33college and career, as well as the high school graduation rates
34already required by law.

35(I) The Superintendent shall annually determine the accuracy
36of the graduation rate data. Notwithstanding any other law,
37graduation rates for pupils in dropout recovery high schools shall
38not be included in the API. For purposes of this subparagraph,
39“dropout recovery high school” means a high school in which 50
40 percent or more of its pupils have been designated as dropouts
P96   1pursuant to the exit/withdrawal codes developed by the department
2or left a school and were not otherwise enrolled in a school for a
3period of at least 180 days.

4(J) To complement the API, the Superintendent, with the
5approval of the state board, may develop and implement a program
6of school quality review that features locally convened panels to
7visit schools, observe teachers, interview pupils, and examine pupil
8work, if an appropriation for this purpose is made in the annual
9Budget Act.

10(K) The Superintendent shall annually provide to local
11educational agencies and the public a transparent and
12understandable explanation of the individual components of the
13API and their relative values within the API.

14(L) An additional element chosen by the Superintendent and
15the state board for inclusion in the API pursuant to this paragraph
16shall not be incorporated into the API until at least one full school
17year after the state board’s decision to include the element into the
18API.

19(b) Pupil scores from the following tests, when available and
20when found to be valid and reliable for this purpose, shall be
21incorporated into the API:

22(1) The standards-based achievement tests provided for in
23Section 60642.5.

24(2) The high school exit examination.

25(c) Based on the API, the Superintendent shall develop, and the
26state board shall adopt, expected annual percentage growth targets
27for all schools based on their API baseline score from the previous
28year. Schools are expected to meet these growth targets through
29 effective allocation of available resources. For schools below the
30statewide API performance target adopted by the state board
31pursuant to subdivision (d), the minimum annual percentage growth
32target shall be 5 percent of the difference between the actual API
33score of a school and the statewide API performance target, or one
34API point, whichever is greater. Schools at or above the statewide
35API performance target shall have, as their growth target,
36maintenance of their API score above the statewide API
37performance target. However, the state board may set differential
38growth targets based on grade level of instruction and may set
39higher growth targets for the lowest performing schools because
40they have the greatest room for improvement. To meet its growth
P97   1target, a school shall demonstrate that the annual growth in its API
2is equal to or more than its schoolwide annual percentage growth
3target and that all numerically significant pupil subgroups, as
4defined in subdivision (a), are making comparable improvement.

5(d) Upon adoption of state performance standards by the state
6board, the Superintendent shall recommend, and the state board
7shall adopt, a statewide API performance target that includes
8consideration of performance standards and represents the
9proficiency level required to meet the state performance target.

10(e) (1) A school or school district with 11 to 99 pupils with
11valid test scores shall receive an API score with an asterisk that
12indicates less statistical certainty than API scores based on 100 or
13more test scores.

14(2) A school or school district annually shall receive an API
15score, unless the Superintendent determines that an API score
16would be an invalid measure of the performance of the school or
17school district for one or more of the following reasons:

18(A) Irregularities in testing procedures occurred.

19(B) The data used to calculate the API score of the school or
20school district are not representative of the pupil population at the
21school or school district.

22(C) Significant demographic changes in the pupil population
23render year-to-year comparisons of pupil performance invalid.

24(D) The department discovers or receives information indicating
25that the integrity of the API score has been compromised.

26(E) Insufficient pupil participation in the assessments included
27in the API.

28(F) A transition to new standards-based assessments
29compromises comparability of results across schools or school
30districts. The Superintendent may use the authority in this
31subparagraph in the 2013-14 and 2014-15 school years only, with
32begin insert theend insert approval of the state board.

33(3) If a school or school district has fewer than 100 pupils with
34valid test scores, the calculation of the API or adequate yearly
35progress pursuant to the federal No Child Left Behind Act of 2001
36(20 U.S.C. Sec. 6301 et seq.) and federal regulations may be
37calculated over more than one annual administration of the tests
38administered pursuant to Section 60640 and the high school exit
39examination administered pursuant to Section 60851, consistent
40with regulations adopted by the state board.

P98   1(4) Any school or school district that does not receive an API
2calculated pursuant to subparagraph (F) of paragraph (2) shall not
3receive an API growth target pursuant to subdivision (c). Schools
4and school districts that do not have an API calculated pursuant
5to subparagraph (F) of paragraph (2) shall use one of the following:

6(A) The most recent API calculation.

7(B) An average of the three most recent annual API calculations.

8(C) Alternative measures that show increases in pupil academic
9achievement for all groups of pupils schoolwide and among
10significant subgroups.

11(f) Only schools with 100 or more test scores contributing to
12the API may be included in the API rankings.

13(g) The Superintendent, with the approval of the state board,
14shall develop an alternative accountability system for schools under
15the jurisdiction of a county board of education or a county
16superintendent of schools, community day schools, nonpublic,
17nonsectarian schools pursuant to Section 56366, and alternative
18schools serving high-risk pupils, including continuation high
19schools and opportunity schools. Schools in the alternative
20accountability system may receive an API score, but shall not be
21included in the API rankings.

22(h) For purposes of this section, county offices of education
23shall be considered school districts.

begin insert

24(i) For purposes of this section, “homeless youth” has the same
25meaning as in Section 11434a(2) of Title 42 of the United States
26Code.

end insert
27begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 52064.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
28to read:end insert

29

52064.5.  

(a) On or before October 1,begin delete 2015,end deletebegin insert 2016,end insert the state
30board shall adopt evaluation rubrics for all of the following
31purposes:

32(1) To assist a school district, county office of education, or
33charter school in evaluating its strengths, weaknesses, and areas
34that require improvement.

35(2) To assist a county superintendent of schools in identifying
36school districts and charter schools in need of technical assistance
37pursuant to Section 52071 or 47607.3, as applicable, and the
38specific priorities upon which the technical assistance should be
39focused.

P99   1(3) To assist the Superintendent in identifying school districts
2for which intervention pursuant to Section 52072 is warranted.

3(b) The evaluation rubrics shall reflect a holistic,
4multidimensional assessment of school district and individual
5schoolsite performance and shall include all of the state priorities
6described in subdivision (d) of Section 52060.

7(c) As part of the evaluation rubrics, the state board shall adopt
8standards for school district and individual schoolsite performance
9andbegin delete expectationend deletebegin insert expectationsend insert for improvement in regard to each
10of the state priorities described in subdivision (d) of Section 52060.

11begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 52501.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
12to read:end insert

13

52501.5.  

(a) Except as provided in subdivision (b),begin delete noend delete revenue
14derived from the average daily attendance of adult education
15programs shallbegin insert notend insert be expended for other than adult education
16begin delete purposes, nor shall revenue derived from other average daily
17attendance be expended for adult educationend delete
purposes.

18(b) When a district’s adult revenue limit as allowed by Section
1952616 is composed of average daily attendance from both a
20regional occupational center or program and an adult education
21program, the adult revenue limit income may be allocated to each
22program in a proportion other than the amount of adult revenue
23limit per average daily attendance otherwise allocable thereto.

24begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 52616 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
25read:end insert

26

52616.  

(a) Notwithstanding any otherbegin delete provision ofend delete law,
27commencing July 1, 1993, the Superintendentbegin delete of Public Instructionend delete
28 shall determine an adult block entitlement, to be paid from
29appropriations to Section A of the State School Fund as part of the
30principal apportionment to school districts, for those school districts
31that maintain education programs for adults by multiplying the
32adult education revenue limit per unit of average daily attendance
33determined pursuant to Section 52616.16 and the adult education
34average daily attendance determined pursuant to Section 52616.17.

35(b) The adult block entitlement shall be deposited in a separate
36fund of the school district to be known as the “adult education
37fund.” Money in an adult education fund shall be expended only
38for adult education purposes.begin delete Moneysend deletebegin insert Except for moneysend insert received
39begin insert pursuant to the local control funding formula, moneys receivedend insert
P100  1 for programs other than adult education shall not be expended for
2adult education.

3begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 53011 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert

5

53011.  

Contingent upon funding provided for this purpose in
6the annual Budget Act, the department shall administer the
7California Career Pathways Trust as a competitive grant program
8for kindergarten and grades 1 to 14, inclusive.begin insert Funds appropriated
9in Item 6110-280-0001 of Section 2.00 of the Budget Act of 2014
10shall be available for expenditure in the 2014-15 fiscal year to
11the 2016-17 fiscal year, inclusive.end insert
Recipients shall do all of the
12following:

13(a) Prioritize work-based learning opportunities, as defined in
14Section 51760.1, for pupils and students in partnership with
15regional business and industry, state and local governmental
16entities, and nonprofit and community-based organizations.

17(b) Define the labor market of the regional economy in a manner
18that identifies high-skill, high-wage, high-growth jobs in the current
19regional economy or in emerging economic sectors.

20(c) Establish or strengthen existing regional collaborative
21relationships and partnerships among business entities, schools
22serving pupils in kindergarten and grades 1 to 12, inclusive, and
23postsecondary educational agencies, organizations that provide
24apprenticeship opportunities, and nonprofit or government entities.

25(d) Develop and integrate standards-based academics with a
26career-relevant, sequenced curriculum following industry-themed
27pathways that are aligned to high-skill, high-wage, high-growth
28jobs in the current regional economy, or in emerging regional
29economic sectors.

30(e) Provide articulated pathways from high school to
31postsecondary education and training that are aligned with the
32workforce development needs of regional economies.

33(f) Ensure that career pathway programs are designed and
34implemented in a manner that leads students to a postsecondary
35degree or certification in a high-skill, high-wage, and high-growth
36or emerging field.

37(g) Leverage and build on any of the following:

38(1) Existing structures, requirements, and resources of the Carl
39D. Perkins Career and Technical Education Improvement Act of
P101  12006, California Partnership Academies, and Regional
2Occupational Centers and Programs.

3(2) The California Community Colleges Economic and
4Workforce Development Program.

5(3) Matching resources and in-kind contributions from public,
6private, and philanthropic sources.

7begin insert

begin insertSEC. 36.end insert  

end insert

begin insertChapter 16.5 (commencing with Section 53070) is
8added to Part 28 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert,
9to read:end insert

begin insert

10 

11Chapter  begin insert16.5.end insert California Career Technical Education
12Incentive Grant Program
13

 

14

begin insert53070.end insert  

(a) The California Career Technical Education
15Incentive Grant Program is hereby established as a state education,
16economic, and workforce development initiative with the goal of
17providing pupils in kindergarten and grades 1 to 12, inclusive,
18with the knowledge and skills necessary to transition to employment
19and postsecondary education. The purpose of this program is to
20encourage and maintain the delivery of career technical education
21programs during implementation of the school district and charter
22school local control funding formula pursuant to Section 42238.02.
23There is hereby appropriated to the department from the General
24Fund for the program established pursuant to this chapter the
25following amounts:

26(1) For the 2015-16 fiscal year, four hundred million dollars
27($400,000,000).

28(2) For the 2016-17 fiscal year, three hundred million dollars
29($300,000,000).

30(3) For the 2017-18 fiscal year, two hundred million dollars
31($200,000,000).

32(b) Of the amounts appropriated in paragraphs (1) through (3),
33inclusive, of subdivision (a), 4 percent is designated for applicants
34with average daily attendance of less than or equal to 140, 8
35percent is designated for applicants with average daily attendance
36of more than 140 and less than or equal to 550, and 88 percent is
37designated for applicants with average daily attendance of more
38than 550. For purposes of this section, average daily attendance
39shall be those figures that are reported at the time of the second
40principal apportionment for the previous fiscal year for pupils in
P102  1grades 7 to 12, inclusive. For any applicant consisting of more
2than one school district, county office of education, charter school,
3or regional occupational center or program operated by a joint
4powers authority, or of any combination of those entities, the sum
5of the average daily attendance for each of the constituent entities
6shall be used for purposes of this subdivision.

7

begin insert53071.end insert  

The department shall administer this program as a
8competitive grant program. An applicant shall demonstrate all of
9the following to be considered for a grant award:

10(a) (1) A proportional dollar-for-dollar match as follows for
11any funding received from this program:

12(A) For the fiscal year beginning July 1, 2015, one dollar ($1)
13for every one dollar ($1) received from this program.

14(B) For the fiscal year beginning July 1, 2016, one dollar and
15fifty cents ($1.50) for every one dollar ($1) received from this
16program.

17(C) For the fiscal year beginning July 1, 2017, two dollars ($2)
18for every one dollar ($1) received from this program.

19(2) That local match may include funding from school district
20and charter school local control funding formula apportionments
21pursuant to Section 42238.02, the federal Carl D. Perkins Career
22and Technical Education Improvement Act of 2006, the California
23Partnership Academies, the Agricultural Career Technical
24Education Incentive Grant, or any other source except as provided
25in paragraph (3).

26(3) That local match shall not include funding from the
27California Career Pathways Trust established pursuant to Section
2853010.

29(b) At least a three-year plan for continued support of career
30technical education programs after grant funding expires. The
31plan, at a minimum, shall include the identification of available
32funding within an applicant’s current or projected budget to
33continue to support career technical education programs and a
34written commitment to do so. If an applicant consisting of more
35than one school district, county office of education, charter school,
36or regional occupational center or program operated by a joint
37powers authority, or any combination of these entities, is applying
38for grant funding from this program, identification of available
39funding and a written commitment must be demonstrated by each
40participating constituent entity.

P103  1(c) The applicant, or the applicant’s career technical education
2program, as applicable, meets all of the following minimum
3eligibility standards:

4(1) Offers high quality curriculum and instruction aligned with
5the California Career Technical Education Model Curriculum
6Standards, including, but not limited to, providing a coherent
7sequence of career technical education courses that enable pupils
8to transition to postsecondary education programs that lead to a
9career pathway or attain employment upon graduation from high
10school.

11(2) Provides pupils with quality career exploration and
12guidance.

13(3) Provides pupil support services, including counseling and
14leadership development.

15(4) Provides for system alignment, coherence, and articulation,
16including ongoing and structural regional or local partnerships
17with postsecondary educational institutions, documented through
18formal written agreements.

19(5) Forms ongoing and structural industry and labor
20partnerships, documented through formal written agreements and
21through participation on advisory committees.

22(6) Provides opportunities for pupils to participate in after
23school, extended day, and out-of-school internships, competitions,
24and other work-based learning opportunities.

25(7) Reflects regional or local labor market demands and focuses
26on current or emerging high-skill, high-wage, or high-demand
27occupations.

28(8) Leads to an industry-recognized credential or certificate,
29or appropriate postsecondary training or employment.

30(9) Is staffed by skilled teachers or faculty and provides
31professional development opportunities for those teachers or
32faculty members.

33(10) (A) Reports data, as a program participation requirement,
34to allow for an evaluation of the program.

35(B) Data reported pursuant to this paragraph shall include, but
36not be limited to, metrics aligned with the core metrics required
37by the federal Workforce Innovation and Opportunity Act and the
38quality indicators described in the California State Plan for Career
39Technical Education required by the federal Carl D. Perkins
P104  1Career and Technical Education Improvement Act of 2006, and
2the following metrics:

3(i) The number of pupils completing high school.

4(ii) The number of pupils completing career technical education
5coursework.

6(iii) The number of pupils obtaining an industry-recognized
7credential, certificate, license, or other measure of technical skill
8attainment.

9(iv) The number of former pupils employed and the types of
10businesses in which they are employed.

11(v) The number of former pupils enrolled in a postsecondary
12educational institution, a state apprenticeship program, or another
13form of job training.

14

begin insert53072.end insert  

A grant recipient under this chapter may consist of one
15or more, or any combination, of the following:

16(a) School districts.

17(b) County offices of education.

18(c) Charter schools.

19(d) Regional occupational centers or programs operated by
20joint powers authorities, provided that the application has the
21written consent of each participating local educational agency.

22

begin insert53073.end insert  

(a) An applicant receiving a grant from this program
23in the 2015-16 fiscal year shall be eligible to receive a renewal
24grant in the 2016-17 fiscal year and in the 2017-18 fiscal year.
25An applicant that does not receive a grant in the 2015-16 fiscal
26year, but receives a grant in the 2016-17 fiscal year, shall be
27eligible to receive a renewal grant in the 2017-18 fiscal year. No
28applicant shall be eligible for a renewal grant in the 2018-19
29fiscal year.

30(b) (1) The department, in collaboration with the state board,
31shall determine renewal grant eligibility using metrics identified
32pursuant to paragraph (10) of subdivision (c) of Section 53071.

33(2) If an applicant for a renewal grant is subject to the
34requirements of Sections 52060 and 52061, Sections 52066 and
3552067, or Section 47606.5, the inclusion of career technical
36education programs in the applicant’s local control and
37accountability plan shall be required to be eligible for a renewal
38grant.

39

begin insert53074.end insert  

The department shall consult with entities having career
40technical education expertise, including, but not necessarily limited
P105  1to, the Chancellor of the California Community Colleges, state
2workforce investment organizations, and organizations
3representing business in the development of the request for grant
4applications and in the consideration of grant applications under
5this chapter. The department shall annually submit its list of
6recommended new and renewal grant recipients to the state board
7for review and approval before making annual grant awards.

8

begin insert53075.end insert  

(a) When determining grant recipients, the department
9and the state board shall do both of the following:

10(1) Give positive consideration to each of the following
11characteristics in an applicant:

12(A) Did not operate a career technical education program
13during the 2014-15 fiscal year.

14(B) Serving unduplicated pupils as defined in Section 42238.02.

15(C) Serving pupil subgroups that have higher than average
16dropout rates as identified by the Superintendent.

17(D) Located in an area of the state with a high unemployment
18rate.

19(2) Give positive consideration to programs to the extent they
20do any of the following:

21(A) Successfully leverage one or both of the following:

22(i) Existing structures, requirements, and resources of the
23federal Carl D. Perkins Career and Technical Education
24Improvement Act of 2006, California Partnership Academies, or
25Agricultural Career Technical Education Incentive Grants.

26(ii) Contributions from industry, labor, and philanthropic
27sources.

28(B) Engage in regional collaboration with postsecondary
29education or other local educational agencies.

30(C) Make significant investment in career technical education
31infrastructure and equipment.

32(D) Operate within rural school districts.

33(b) When determining grant recipients, the department and the
34state board shall give greatest weight to the applicant
35characteristics included in paragraph (1) of subdivision (a).

36

begin insert53076.end insert  

For purposes of administering the program established
37by this chapter, the Superintendent may do any of the following:

38(a) Determine, in collaboration with the executive director of
39the state board, specific funding amounts and the number of grants
40to be awarded.

P106  1(b) Distribute funding on a multiyear schedule, establish a
2process for monitoring the use of the funding, and, if necessary,
3cease distribution of funding and recover previously distributed
4funding in the case of a recipient’s failure to comply with a grant
5prerequisite or minimum standard.

6(c) Require grant recipients to submit program reports.

7(d) Set aside up to 1 percent of the total amount provided for
8the program for one or both of the following purposes:

9(1) To provide planning grants.

10(2) To contract with a local educational agency for the provision
11of technical assistance to applicants and grant recipients.

end insert
12begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 60212 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
13read:end insert

begin insert
14

begin insert60212.end insert  

For purposes of adopting basic instructional materials
15for history-social science pursuant to Section 60200, all of the
16following shall apply:

17(a) (1) The department shall provide notice, pursuant to
18paragraph (2), to all publishers or manufacturers known to
19produce basic instructional materials in that subject, post an
20appropriate notice on the Internet Web site of the department, and
21take other reasonable measures to ensure that appropriate notice
22is widely circulated to potentially interested publishers and
23manufacturers.

24(2) The notice shall specify that each publisher or manufacturer
25choosing to participate in the adoption process shall be assessed
26a fee based on the number of programs the publisher or
27manufacturer indicates will be submitted for review and the number
28of grade levels proposed to be covered by each program.

29(b) The department, before incurring substantial costs for the
30adoption process, shall require that a publisher or manufacturer
31that wishes to participate in the adoption process first declare the
32intent to submit one or more specific programs for adoption and
33specify the specific grade levels to be covered by each program.

34(c) After a publisher or manufacturer has declared its intent to
35submit one or more programs and the grade levels to be covered
36by each program, the department shall assess a fee that shall be
37payable by the publisher or manufacturer even if the publisher or
38manufacturer subsequently chooses to withdraw a program or
39reduce the number of grade levels covered.

P107  1(d) The fee assessed pursuant to subdivision (c) shall be in an
2amount that does not exceed the reasonable costs to the department
3in conducting the adoption process. The department shall take
4reasonable steps to limit costs of the adoption and to keep the fee
5modest.

6(e) A submission by a publisher or manufacturer shall not be
7reviewed for purposes of adoption until the fee assessed pursuant
8to subdivision (c) has been paid in full.

9(f) (1) Upon the request of a small publisher or small
10manufacturer, the state board may reduce the fee for participation
11in the adoption.

12(2) For purposes of this section, “small publisher” and “small
13manufacturer” mean an independently owned or operated
14publisher or manufacturer that is not dominant in its field of
15operation and that, together with its affiliates, has 100 or fewer
16employees, and has average annual gross receipts of ten million
17dollars ($10,000,000) or less over the previous three years.

18(g) If the department determines that there is little or no interest
19in participating in an adoption by publishers and manufacturers,
20the department shall recommend to the state board whether or not
21the adoption shall be conducted, and the state board may choose
22not to conduct the adoption.

23(h) Revenue derived from fees assessed pursuant to subdivision
24(c) shall be budgeted as reimbursements and subject to review
25through the annual budget process, and may be used to pay for
26costs associated with any adoption and for any costs associated
27with the review of instructional materials, including costs of
28substitutes for teacher reviewers and stipends for content review
29 experts.

end insert
30begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 84830 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
31read:end insert

32

84830.  

(a) The Chancellor of the California Community
33Colleges and the State Department of Education shall, pursuant to
34funding made available in the annual Budget Act, jointly provide
35two-year planning and implementation grants to regional consortia
36of community college districts and school districts for the purpose
37of developing regional plans to better serve the educational needs
38of adults.

39(1) Eligibility shall be limited to consortia consisting of at least
40one community college district and at least one school district
P108  1within the boundaries of the community college district, either of
2which may serve as the consortium’s fiscal agent, as determined
3by the applicant consortium.

4(2) If a community college district chooses not to participate in
5a consortium, a neighboring community college district may form
6a consortium with school districts within the boundaries of the
7nonparticipating community college district.

8(3) Consortia may include other entities providing adult
9education courses, including, but not necessarily limited to,
10correctional facilities, other local public entities, and
11community-based organizations.

12(b) Grant funds provided pursuant to this section shall be used
13by each regional consortium to create and implement a plan to
14better provide adults in its region with all of the following:

15(1) Elementary and secondary basic skills, including classes
16required for a high school diploma or high school equivalency
17certificate.

18(2) Classes and courses for immigrants eligible for educational
19services in citizenship and English as a second language, and
20workforce preparation classes in basic skills.

21(3) Education programs for adults with disabilities.

22(4) Short-term career technical education programs with high
23employment potential.

24(5) Programsbegin insert offering pre-apprenticeship training activities
25conducted in coordination with one or more apprenticeship
26programs approved by the Division of Apprenticeship Standardsend insert

27 forbegin delete apprentices.end deletebegin insert the occupation and geographic area.end insert

28(c) (1) The classes and courses described in paragraphs (1) and
29(2) of subdivision (b) shall distribute basic information on
30American government and civics that includes, but is not limited
31to, instruction on all of the following:

32(A) Federal, state, and local government.

33(B) The three branches of government.

34(C) The importance of civic engagement.

35(D) Registering to vote.

36(2) It is the intent of the Legislature that, consistent with the
37requirements of Sections 51225.3 and 52555, students enrolled in
38classes and courses described in paragraphs (1) and (2) of
39subdivision (b) in which instruction in American government and
P109  1civics is appropriate shall receive instruction in American
2government and civics.

3(d) Each regional consortium’s plan shall include, at a minimum:

4(1) An evaluation of current levels and types of adult education
5programs within its region, including education for adults in
6correctional facilities; credit, noncredit, and enhanced noncredit
7adult education coursework; and programs funded through Title
8II of the federal Workforce Investment Act of 1998, known as the
9Adult Education and Family Literacy Act (Public Law 105-220).

10(2) An evaluation of current needs for adult education programs
11 within its region.

12(3) Plans for parties that make up the consortium to integrate
13their existing programs and create seamless transitions into
14postsecondary education or the workforce.

15(4) Plans to address the gaps identified pursuant to paragraphs
16(1) and (2).

17(5) Plans to employ approaches proven to accelerate a student’s
18progress toward his or her academic or career goals, such as
19contextualized basic skills and career technical education, and
20other joint programming strategies between adult education and
21career technical education.

22(6) Plans to collaborate in the provision of ongoing professional
23development opportunities for faculty and other staff to help them
24achieve greater program integration and improve student outcomes.

25(7) Plans to leverage existing regional structures, including, but
26not necessarily limited to, local workforce investment areas.

27(e) The Chancellor of the California Community Colleges and
28the State Department of Education may identify additional elements
29that consortia must include in a plan.

30(f) (1) On or before March 1, 2014, the Chancellor of the
31California Community Colleges and the State Department of
32Education shall submit a joint report to the Legislature and the
33Governor. This report shall include, but not necessarily be limited
34to, both of the following:

35(A) The status of developing regional consortia across the state,
36including identification of unserved geographic areas or emerging
37gaps in regional program delivery.

38(B) The status and allocation of grant awards made to regional
39consortia.

P110  1(2) The report shall be submitted to the Legislature as provided
2in Section 9795 of the Government Code.

3(g) (1) On or before March 1, 2015, the Chancellor of the
4California Community Colleges and the State Department of
5Education shall submit a joint report to the Legislature and the
6Governor. This report shall include, but is not limited to, both of
7the following:

8(A) The plans developed by regional consortia across the state.

9(B) Recommendations for additional improvements in the
10delivery system serving adult learners.

11(2) The report shall be submitted to the Legislature as provided
12in Section 9795 of the Government Code.

13(h) It is the intent of the Legislature to work toward developing
14common policies related to adult education affecting adult schools
15at local educational agencies and community colleges, including
16policies on fees and funding levels.

17(i) It is the intent of the Legislature to provide additional funding
18in the 2015-16 fiscal year to regional consortia to expand and
19improve the provision of adult education.

20begin insert

begin insertSEC. 39.end insert  

end insert

begin insertArticle 9 (commencing with Section 84900) is added
21to Chapter 5 of Part 50 of Division 7 of Title 3 of the end insert
begin insertEducation
22Code
end insert
begin insert, to read:end insert

begin insert

23 

24Article begin insert9.end insert  Adult Education Block Grant Program
25

 

26

begin insert84900.end insert  

The Adult Education Block Grant Program is hereby
27established under the administration of the Chancellor of the
28California Community Colleges and the Superintendent of Public
29Instruction.

30

begin insert84901.end insert  

For purposes of this article, the following definitions
31shall apply, unless otherwise specified:

32(a) “Adult” means a person 18 years of age or older.

33(b) “Consortium” means an adult education consortium
34approved pursuant to this article.

35(c) “Executive director” means the executive director of the
36State Board of Education.

37(d) “Program” means the Adult Education Block Grant
38Program established by Section 84900.

P111  1

begin insert84902.end insert  

(a) The chancellor and the Superintendent are the state
2officials responsible for identifying and understanding the
3educational needs of adults in the state.

4(b) The chancellor and the Superintendent shall use the powers
5provided by this article to support the effective provision of services
6that address the educational needs of adults in all regions of the
7state.

8(c) In performing duties under this article, the chancellor and
9the Superintendent shall seek advice from, and coordinate with,
10other state officials responsible for programs for adults.

11

begin insert84903.end insert  

(a) The chancellor and the Superintendent, with the
12advice of the executive director, shall divide the state into adult
13education regions and shall determine the physical boundaries of
14each region.

15(b) When determining the boundaries of the adult education
16regions, the chancellor and the Superintendent shall consider
17factors that impact the provision of adult education, including all
18of the following:

19(1) Economic and demographic factors, including the locations
20of regional labor markets.

21(2) The boundaries of regions used to distribute funds for other
22state programs.

23(3) The presence of adult education providers that have
24demonstrated effectiveness in meeting the educational needs of
25adults.

26(c) Until otherwise determined by the chancellor and the
27Superintendent, the physical boundaries of the adult education
28regions shall be the same as the physical boundaries of the regions
29established for purposes of providing planning and implementation
30grants pursuant to Section 84830.

31

begin insert84904.end insert  

(a) The chancellor and the Superintendent, with the
32advice of the executive director, shall approve one adult education
33consortium in each adult education region.

34(b) Until otherwise determined by the chancellor and the
35Superintendent, the consortia to which planning and
36implementation grants were apportioned pursuant to Section 84830
37shall be deemed approved for purposes of this section.

38

begin insert84905.end insert  

The chancellor and the Superintendent, with the advice
39of the executive director, shall approve, for each consortium, rules
40and procedures that adhere to all of the following conditions:

P112  1(a) Any community college district, school district, or county
2office of education, or any joint powers authority consisting of
3community college districts, school districts, county offices of
4education, or a combination of these, located within the boundaries
5of the adult education region shall be permitted to join the
6consortium as a member.

7(b) As a condition of joining a consortium, a member shall
8commit to reporting any funds available to that member for the
9purposes of education and workforce services for adults and the
10uses of those funds.

11(c) A member of the consortium shall be represented only by
12an official designated by the governing board of the member.

13(d) (1) Decisionmaking procedures are specified that ensure
14that all of the following conditions are satisfied:

15(A) All members of the consortium shall participate in any
16decision made by the consortium.

17(B) A proposed decision is considered at an open, properly
18noticed public meeting of the consortium at which members of the
19public may comment.

20(C) The consortium has provided the public with adequate notice
21of a proposed decision and considered any comments submitted
22by members of the public, and any comments submitted by members
23of the public have been distributed publicly.

24(D) (i) The consortium has requested comments regarding a
25proposed decision from other entities located in the adult education
26region that provide education and workforce services for adults.

27(ii) The consortium has considered and responded to any
28comments submitted by entities pursuant to clause (i).

29(iii) For purposes of this subparagraph, entities that provide
30education and workforce services to adults include, but are not
31necessarily limited to, local public agencies, departments, and
32offices, particularly those with responsibility for local public safety
33and social services; workforce investment boards; libraries; and
34community-based organizations.

35(E) A decision is final.

36(2) For purposes of this subdivision, a decision includes
37approval of an adult education plan pursuant to Section 84906
38and approval of a distribution schedule pursuant to Section 84913.

P113  1(e) The members of the consortium may decide to designate a
2member to serve as the fund administrator to receive and distribute
3funds from the program.

4

begin insert84906.end insert  

(a) As a condition of receipt of an apportionment of
5funds from this program for a fiscal year, the members of a
6consortium shall have approved an adult education plan that
7addresses that fiscal year.

8(b) An adult education plan shall include all of the following:

9(1) An evaluation of the educational needs of adults in the
10region.

11(2) A list of the following:

12(A) Entities that provide education and workforce services to
13adults in the region.

14(B) Entities that are impacted by, or that have a fundamental
15interest in, the provision of those services.

16(3) A description of the services provided by entities listed
17pursuant to paragraph (2).

18(4) An evaluation of current levels and types of education and
19workforce services for adults in the region.

20(5) An evaluation of the funds available to the members of the
21consortium and the entities listed pursuant to paragraph (2),
22including funds other than those apportioned pursuant to this
23article.

24(6) Actions that the members of the consortium will take to
25address the educational needs identified pursuant to paragraph
26(1).

27(7) Actions that the members of the consortium will take to
28improve the effectiveness of their services.

29(8) Actions that the members of the consortium, the entities
30listed pursuant to paragraph (2), and other interested parties will
31take to improve integration of services and to improve transitions
32into postsecondary education and the workforce, including actions
33related to all of the following:

34(A) Placement of adults seeking education and workforce
35services into adult education programs.

36(B) Alignment of academic standards and curricula for
37programs across entities that provide education and workforce
38services to adults.

P114  1(C) Qualifications of instructors, including common standards
2across entities that provide education and workforce services to
3adults.

4(D) Collection and availability of data.

5(9) A description of the alignment of adult education services
6supported by this program with those described in other education
7and workforce plans guiding services in the region, including plans
8pertaining to the building of career pathways and the employment
9of workforce sector strategies and those required pursuant to the
10federal Workforce Innovation and Opportunity Act (Public Law
11113-128).

12(10) A description of the ways in which each of the entities
13identified in paragraph (2) contributed to the development of the
14plan.

15(c) The members of a consortium shall approve an adult
16education plan at least once every three years. The plan shall be
17updated at least once each year based on available data.

18(d) For the 2015-16, 2016-17, and 2017-18 fiscal years, a
19regional plan developed pursuant to Section 84830 shall satisfy
20the requirements of this section.

21

begin insert84907.end insert  

No later than July 31, 2015, the chancellor and the
22Superintendent, with the advice of the executive director, shall
23certify, for each school district and county office of education, the
24amount of state funds required to be expended for adult education
25pursuant to paragraph (7) of subdivision (a) of Section 42238.03,
26and paragraph (3) of subdivision (k) of Section 2575, respectively.

27

begin insert84908.end insert  

(a) If the total amount certified for all school districts
28and county offices of education pursuant to Section 84907 is less
29than three hundred seventy-five million dollars ($375,000,000),
30the chancellor and the Superintendent shall do both of the
31following:

32(1) Apportion funds appropriated for the program in the Budget
33Act of 2015, no later than August 30, 2015, to each school district
34or county office of education in an amount equal to the amount
35certified for that school district or county office of education
36pursuant to Section 84907. As a condition of receipt of an
37apportionment, a school district or county office of education is
38required to be a member of a consortium.

39(2) (A) (i) With the concurrence of the executive director,
40approve a schedule of allocations to each consortium, no later
P115  1than October 30, 2015, of any funds appropriated for the program
2in the Budget Act of 2015 that remain after funds have been
3apportioned pursuant to paragraph (1).

4(ii) The chancellor and the Superintendent shall determine the
5amount to be allocated to each consortium pursuant to this
6paragraph based on that adult education region’s share of the
7statewide need for adult education.

8(B) Using the schedule approved pursuant to subparagraph
9(A), the chancellor and the Superintendent shall do one of the
10following for each consortium:

11(i) Apportion funds to a fund administrator designated by the
12members of a consortium beginning no more than 30 days after
13approval of the schedule pursuant to subparagraph (A).

14(ii) Apportion funds to members of a consortium beginning no
15more than 30 days after receipt of a final distribution schedule
16from that consortium.

17(b) If the total amount certified for all school districts and county
18offices of education pursuant to Section 84907 equals or exceeds
19three hundred seventy-five million dollars ($375,000,000), the
20chancellor and the Superintendent shall do both of the following:

21(1) Apportion funds appropriated for the program in the Budget
22Act of 2015, no later than August 30, 2015, to each school district
23or county office of education in an amount equal to the amount
24certified for that school district or county office of education
25pursuant to Section 84907 multiplied by three hundred seventy-five
26million dollars ($375,000,000), divided by the total amount
27certified for all school districts and county offices of education
28pursuant to Section 84907.

29(2) (A) (i) With the concurrence of the executive director,
30approve a schedule of allocations to each consortium, no later
31than October 30, 2015, of any funds appropriated for this program
32in the Budget Act of 2015 that remain after funds have been
33apportioned pursuant to paragraph (1).

34(ii) The chancellor and the Superintendent shall determine the
35amount to be allocated to each consortium pursuant to this
36paragraph based on that adult education region’s share of the
37statewide need for adult education.

38(B) Using the schedule approved pursuant to subparagraph
39(A), the chancellor and the Superintendent shall do one of the
40following for each consortium:

P116  1(i) Apportion funds to a fund administrator designated by the
2members of a consortium beginning no more than 30 days after
3approval of the schedule pursuant to subparagraph (A).

4(ii) Apportion funds to members of a consortium beginning no
5more than 30 days after receipt of a final distribution schedule
6from that consortium.

7(c) This section shall become inoperative on July 1, 2016, and,
8as of January 1, 2017, is repealed, unless a later enacted statute,
9that becomes operative on or before January 1, 2017, deletes or
10extends the dates on which it becomes inoperative and is repealed.

11

begin insert84909.end insert  

(a) This section shall apply commencing with the
122016-17 fiscal year.

13(b) The chancellor and the Superintendent, with the advice of
14the executive director, shall approve, no later than February 28
15of the prior fiscal year, a preliminary schedule of allocations to
16each consortium of any funds proposed in the Governor’s Budget
17for the program.

18(c) The chancellor and the Superintendent, with the advice of
19the executive director, shall approve, within 15 days of enactment
20of the annual Budget Act, a final schedule of allocations to each
21consortium of any funds appropriated by the Legislature for the
22program.

23(d) The chancellor and the Superintendent shall determine the
24amount to be allocated to each consortium based on the following:

25(1) The amount of funds apportioned to the members of that
26consortium in the immediately preceding fiscal year.

27(2) That adult education region’s share of the statewide need
28for adult education.

29(3) That consortium’s effectiveness in meeting the educational
30needs of adults in the adult education region based on available
31data.

32(e) Using the final schedule approved pursuant to subdivision
33(c), the chancellor and the Superintendent shall do one of the
34following for each consortium:

35(1) Apportion funds to a fund administrator designated by the
36members of a consortium beginning no more than 30 days after
37approval of the final schedule of allocations.

38(2) Apportion funds to members of a consortium beginning no
39more than 30 days after receipt of a final distribution schedule
40from that consortium.

P117  1

begin insert84910.end insert  

The chancellor and the Superintendent shall, when
2approving a schedule of allocations for a fiscal year, also present
3preliminary projections for the amounts that would be allocated
4in the subsequent two fiscal years. This preliminary presentation
5shall not constitute a binding commitment of funds.

6

begin insert84911.end insert  

To determine the need for adult education, the
7chancellor and the Superintendent shall consider, at a minimum,
8measures related to adult population, employment, immigration,
9educational attainment, and adult literacy.

10

begin insert84912.end insert  

The chancellor and the Superintendent shall apportion
11funds appropriated for the program in a given year in compliance
12with all of the following:

13(a) No more than one-twelfth of the total amount appropriated
14shall have been apportioned by the end of July.

15(b) No more than one-sixth of the total amount appropriated
16shall have been apportioned by the end of August.

17(c) No more than one-quarter of the total amount appropriated
18shall have been apportioned by the end of September.

19(d) No more than one-third of the total amount appropriated
20shall have been apportioned by the end of October.

21(e) No more than five-twelfths of the total amount appropriated
22shall have been apportioned by the end of November.

23(f) No more than one-half of the total amount appropriated shall
24have been apportioned by the end of December.

25(g) No more than seven-twelfths of the total amount
26appropriated shall have been apportioned by the end of January.

27(h) No more than two-thirds of the total amount appropriated
28shall have been apportioned by the end of February.

29(i) No more than three-quarters of the total amount appropriated
30shall have been apportioned by the end of March.

31(j) No more than five-sixths of the total amount appropriated
32shall have been apportioned by the end of April.

33(k) No more than eleven-twelfths of the total amount
34appropriated shall have been apportioned by the end of May.

35

begin insert84913.end insert  

(a) Funds apportioned for the program shall be used
36only for support of the following:

37(1) Programs in elementary and secondary basic skills,
38including programs leading to a high school diploma or high
39school equivalency certificate.

P118  1(2) Programs for immigrants eligible for educational services
2in citizenship, English as a second language, and workforce
3preparation.

4(3) Programs for adults, including, but not limited to, older
5adults, that are primarily related to entry or reentry into the
6workforce.

7(4) Programs for adults, including, but not limited to, older
8adults, that are primarily designed to develop knowledge and skills
9to assist elementary and secondary school children to succeed
10academically in school.

11(5) Programs for adults with disabilities.

12(6) Programs in career technical education that are short term
13in nature and have high employment potential.

14(7) Programs offering preapprenticeship training activities
15conducted in coordination with one or more apprenticeship
16programs approved by the Division of Apprenticeship Standards
17for the occupation and geographic area.

18(b) A consortium may use no more than 5 percent of funds
19allocated in a given fiscal year for the sum of the following:

20(1) The costs of administration of these programs.

21(2) The costs of the consortium.

22

begin insert84914.end insert  

(a) As a condition of receipt of an apportionment from
23the program, a consortium shall approve a distribution schedule
24that includes both of the following:

25(1) The amount of funds to be distributed to each member of
26the consortium for that fiscal year.

27(2) A narrative justifying how the planned allocations are
28consistent with the adult education plan.

29(b) (1) For any fiscal year for which the chancellor and the
30Superintendent allocate an amount of funds to the consortium
31greater than the amount allocated in the prior fiscal year, the
32amount of funds to be distributed to a member of that consortium
33shall be equal to or greater than the amount distributed in the
34prior fiscal year, unless the consortium makes at least one of the
35following findings related to the member for which the distribution
36would be reduced:

37(A) The member no longer wishes to provide services consistent
38with the adult education plan.

39(B) The member cannot provide services that address the needs
40identified in the adult education plan.

P119  1(C) The member has been consistently ineffective in providing
2services that address the needs identified in the adult education
3plan and reasonable interventions have not resulted in
4improvements.

5(2) For any year for which the chancellor and the
6Superintendent allocate an amount of funds to the consortium less
7than the amount allocated in the prior year, the amount of funds
8to be distributed to a member of that consortium shall not be
9reduced by a percentage greater than the percentage by which the
10total amount of funds allocated to the consortium decreased, unless
11the consortium makes at least one of the following findings related
12to the member for which the distribution would be reduced further:

13(A) The member no longer wishes to provide services consistent
14with the adult education plan.

15(B) The member cannot provide services that address the needs
16identified in the adult education plan.

17(C) The member has been ineffective in providing services that
18address the needs identified in the adult education plan and
19reasonable interventions have not resulted in improvements.

20(c) A distribution schedule shall also include preliminary
21projections of the amount of funds that would be distributed to
22each member of the consortium in each of the subsequent two fiscal
23years. The preliminary projections shall not constitute a binding
24commitment of funds.

25

begin insert84915.end insert  

(a) It is the intent of the Legislature to coordinate
26programs that support education and workforce services for adults.

27(b) No later than January 31, 2016, the chancellor and the
28Superintendent shall submit to the Director of Finance, to the State
29Board of Education, and, in conformity with Section 9795 of the
30Government Code, to the Legislature a plan approved by the
31chancellor and the Superintendent to distribute funds from the
32following programs to the consortia:

33(1) (A) The federal Adult Education and Family Literacy Act
34(Title II of the federal Workforce Innovation and Opportunity Act).

35(B) The plan for allocating funds under this paragraph shall
36comply with the criteria enumerated in subsection (e) of Section
373321 of Title 29 of the United States Code related to base
38disbursement of these funds.

39(2) The federal Carl D. Perkins Career and Technical Education
40Act (Public Law 109-270).

P120  1

begin insert84916.end insert  

In order to maximize the benefits derived from public
2funds provided for the purpose of addressing the educational needs
3of adults and to ensure the efficient and coordinated use of
4resources, it is the intent and expectation of the Legislature that
5any community college district, school district, or county office of
6education, or any joint powers authority consisting of community
7college districts, school districts, county offices of education, or
8a combination of these, located within the boundaries of the adult
9education region shall be a member of a consortium pursuant to
10this article if it receives funds from any of the following programs
11or allocations:

12(a) The Adults in Correctional Facilities program.

13(b) The federal Adult Education and Family Literacy Act (Title
14II of the federal Workforce Innovation and Opportunity Act).

15(c) The federal Carl D. Perkins Career and Technical Education
16Act (Public Law 109-270).

17(d) Local Control Funding Formula apportionments received
18for students who are 19 years of age or older.

19(e) Community college apportionments received for providing
20instruction in courses in the areas listed in subdivision (a) of
21Section 84913.

22(f) State funds for remedial education and job training services
23for participants in the CalWORKs program.

24

begin insert84917.end insert  

(a) To inform actions taken by the Governor and the
25Legislature related to adult education, the chancellor and the
26Superintendent shall submit to the Director of Finance, to the State
27Board of Education, and, in conformity with Section 9795 of the
28Government Code, to the Legislature, by September 30 following
29any fiscal year for which funds are appropriated for the program,
30a report about the use of these funds and outcomes for adults
31statewide and in each adult education region. The report shall
32include at least all of the following:

33(1) A summary of the adult education plan operative for each
34consortium.

35(2) The distribution schedule for each consortium.

36(3) The types and levels of services provided by each consortium.

37(4) The effectiveness of each consortium in meeting the
38educational needs of adults in its respective region.

P121  1(5) Any recommendations related to delivery of education and
2workforce services for adults, including recommendations related
3to improved alignment of state programs.

4(b) (1) The chancellor and the Superintendent may require a
5consortium, as a condition of receipt of an apportionment, to
6submit any reports or data necessary to produce the report
7described in subdivision (a).

8(2) The chancellor and the Superintendent shall align the data
9used to produce the report described in subdivision (a) with data
10reported by local educational agencies for other purposes, such
11as data used for purposes of the federal Workforce Opportunity
12and Innovation Act (Public Law 113-128).

13(3) The Employment Development Department and the
14California Workforce Investment Board shall provide any
15assistance needed to align delivery of services across state and
16regional workforce, education, and job service programs.

end insert
17begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 84920 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
18read:end insert

begin insert
19

begin insert84920.end insert  

(a) To the extent that one-time funding is made
20available in the Budget Act of 2015, consistent with the provisions
21of Section 84917, the chancellor and the Superintendent shall
22identify common measures for determining the effectiveness of
23members of each consortium in meeting the educational needs of
24adults. At a minimum, the chancellor and the Superintendent shall
25accomplish both of the following:

26(1) Define the specific data each consortium shall collect.

27(2) Establish a menu of common assessments and policies
28regarding placement of adults seeking education and workforce
29services into adult education programs to be used by each
30consortium to measure educational needs of adults and the
31effectiveness of providers in addressing those needs.

32(b) It is the intent of the Legislature that both of the following
33occur:

34(1) That the educational needs of adults in the state be better
35identified and understood through better sharing of data across
36state agencies.

37(2) That, at a minimum, the chancellor and the Superintendent
38shall enter into agreements to share data related to effectiveness
39of the consortia between their agencies and with other state
40agencies, including, but not necessarily limited to, the Employment
P122  1Development Department and the California Workforce Investment
2Board.

3(c) The chancellor and the Superintendent shall identify, no
4later than January 1, 2016, the measures for assessing the
5effectiveness of consortia that will be used in the report that,
6pursuant to Section 84917, is to be submitted by September 30,
72016. These measures shall include, but not necessarily be limited
8to, all of the following:

9(1) How many adults are served by members of the consortium.

10(2) How many adults served by members of the consortium have
11demonstrated the following:

12(A) Improved literacy skills.

13(B) Completion of high school diplomas or their recognized
14equivalents.

15(C) Completion of postsecondary certificates, degrees, or
16training programs.

17(D) Placement into jobs.

18(E) Improved wages.

19(d) No later than November 1, 2015, the chancellor and the
20Superintendent shall submit to the Director of Finance, the state
21board, and the appropriate policy and fiscal committees in the
22Legislature a report of its progress in meeting the requirements
23of subdivisions (a) and (b).

24(e) The chancellor and the Superintendent shall apportion the
25funds appropriated for purposes of this section in the Budget Act
26of 2015 in accordance with both of the following:

27(1) Eighty-five percent of these funds shall be used for grants
28to consortia to establish systems or obtain data necessary to submit
29any reports or data required pursuant to subdivision (b) of Section
3084917.

31(2) Fifteen percent of these funds shall be used for grants for
32development of statewide policies and procedures related to data
33collection or reporting or for technical assistance to consortia, or
34both.

35(f) The chancellor and the Superintendent shall provide any
36guidance to the consortia necessary to support the sharing of data
37included in systems established by consortia pursuant to this
38section across consortia.

end insert
39begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 17581.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P123  1

17581.6.  

(a) Funding apportioned pursuant to this section shall
2constitute reimbursement pursuant to Section 6 of Article XIII B
3of the California Constitution for the performance of any state
4mandates included in the statutes and executive orders identified
5in subdivision (e).

6(b) Any school district, county office of education, or charter
7school may elect to receive block grant funding pursuant to this
8section.

9(c) (1) A school district, county office of education, or charter
10school that elects to receive block grant funding pursuant to this
11section in a given fiscal year shall submit a letter requesting
12funding to the Superintendent of Public Instruction on or before
13August 30 of that fiscal year.

14(2) The Superintendent of Public Instruction shall, in the month
15of November of each year, apportion block grant funding
16appropriated pursuant to Itembegin delete 6110-296-0001end deletebegin insert 6100-296-0001end insert of
17Section 2.00 of the annual Budget Act to all school districts, county
18offices of education, and charter schools that submitted letters
19requesting funding in that fiscal year according to the provisions
20of that item.

21(3) A school district or county office of education that receives
22block grant funding pursuant to this section shall not be eligible
23to submit claims to the Controller for reimbursement pursuant to
24Section 17560 for any costs of any state mandates included in the
25statutes and executive orders identified in subdivision (e) incurred
26in the same fiscal year during which the school district or county
27office of education received funding pursuant to this section.

28(d) Block grant funding apportioned pursuant to this section is
29subject to annual financial and compliance audits required by
30Section 41020 of the Education Code.

31(e) Block grant funding apportioned pursuant to this section is
32specifically intended to fund the costs of the following programs
33and activities:

34(1) Academic Performance Index (01-TC-22; Chapter 3 of the
35Statutes of 1999, First Extraordinary Session; and Chapter 695 of
36the Statutes of 2000).

37(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
38Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
39of 2001).

P124  1(3) AIDS Instruction and AIDS Prevention Instruction (CSM
24422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
31991; and Chapter 403 of the Statutes of 1998).

4(4) California State Teachers’ Retirement System (CalSTRS)
5Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
6Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838
7of the Statutes of 1997; Chapter 965 of the Statutes of 1998;
8Chapter 939 of the Statutes of 1999; and Chapter 1021 of the
9Statutes of 2000).

10(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes
11of 1994).

12(6) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and
1399-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
14673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998;
15and Chapter 78 of the Statutes of 1999).

16(7) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes
17of 2002).

18(8) Child Abuse and Neglect Reportingbegin delete (01-TC-21:end deletebegin insert (01-TC-21;end insert
19 Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the
20Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311
21of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and
22Chapters 133 and 754 of the Statutes of 2001).

23(9) Collective Bargaining (CSM 4425; Chapter 961 of the
24Statutes of 1975).

25(10) Comprehensive School Safety Plans (98-TC-01 and
2699-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of
27the Statutes of 1999; and Chapter 828 of the Statutes of 2003).

28(11) Consolidation of Annual Parent Notification/Schoolsite
29Discipline Rules/Alternative Schools (CSM 4488, CSM 4461,
3099-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
314462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
32Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469
33of the Statutes of 1981; Chapter 459 of the Statutes of 1985;
34Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the
35Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988;
36Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the
37Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter
381296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997;
39Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the
40Statutes of 1999, First Extraordinary Session; Chapter 73 of the
P125  1Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895
2of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).

3(12) Consolidation of Law Enforcement Agency Notification
4and Missing Children Reports (CSM 4505; Chapter 1117 of the
5Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
61986; and Chapter 832 of the Statutes of 1999).

7(13) Consolidation of Notification to Teachers: Pupils Subject
8to Suspension or Expulsion I and II, and Pupil Discipline Records
9(00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).

begin insert

10(14) Consolidated Suspensions, Expulsions, and Expulsion
11Appeals (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23,
1297-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters
13915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the
14Statutes of 1997; Chapter 489 of the Statutes of 1998; Chapter
15332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000;
16and Chapter 116 of the Statutes of 2001) (CSM 4455; Chapter
171253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977;
18Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes
19of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the
20Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter
211231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992;
22Chapters 1255, 1256, and 1257 of the Statutes of 1993; and
23Chapter 146 of the Statutes of 1994) (CSM 4456; Chapter 965 of
24the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter
2573 of the Statutes of 1980; Chapter 498 of the Statutes of 1983;
26Chapter 856 of the Statutes of 1985; and Chapter 134 of the
27Statutes of 1987) (CSM 4463; Chapter 1253 of the Statutes of
281975; Chapter 965 of the Statutes of 1977; Chapter 668 of the
29Statutes of 1978; and Chapter 498 of the Statutes of 1983).

end insert
begin delete

30(14)

end delete

31begin insert(15)end insert County Office of Education Fiscal Accountability Reporting
32(97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
33Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of
34the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter
35323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes
36of 1993; Chapters 650 and 1002 of the Statutes of 1994; and
37Chapter 525 of the Statutes of 1995).

begin delete

38(15)

end delete

39begin insert(16)end insert Criminal Background Checks (97-TC-16; Chapters 588
40and 589 of the Statutes of 1997).

begin delete

P126  1(16)

end delete

2begin insert(17)end insert Criminal Background Checks II (00-TC-05; Chapters 594
3and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of
41999).

begin delete

5(17)

end delete

6begin insert(18)end insert Developer Fees (02-TC-42; Chapter 955 of the Statutes of
71977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
8Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923
9of the Statutes of 1982; Chapter 1254 of the Statutes of 1983;
10Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes
11of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter
121228 of the Statutes of 1994).

begin delete

13(18)

end delete

14begin insert(19)end insert Differential Pay and Reemployment (99-TC-02; Chapter
1530 of the Statutes of 1998).

begin delete

16(19)

end delete

17begin insert(20)end insert Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
18Chapter 1253 of the Statutes of 1975).

begin delete

19(20)

end delete

20begin insert(21)end insert Financial and Compliance Audits (CSM 4498 and CSM
214498-A; Chapter 36 of the Statutes of 1977).

begin delete

22(21)

end delete

23begin insert(22)end insert Graduation Requirements (CSM 4181; Chapter 498 of the
24Statutes of 1983).

begin delete

25(22)

end delete

26begin insert(23)end insert Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
271184 of the Statutes of 1975).

begin delete

28(23)

end delete

29begin insert(24)end insert High School Exit Examination (00-TC-06; Chapter 1 of
30the Statutes of 1999, First Extraordinary Session; and Chapter 135
31of the Statutes of 1999).

begin delete

32(24)

end delete

33begin insert(25)end insert Immunization Records (SB 90-120; Chapter 1176 of the
34Statutes of 1977).

begin delete

35(25)

end delete

36begin insert(26)end insert Immunization Records--Hepatitis B (98-TC-05; Chapter
37325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979;
38Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes
39of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of
40the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995;
P127  1Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882
2of the Statutes of 1997).

begin insert

3(27) Immunization Records--Pertussis (11-TC-02; Chapter 434
4of the Statutes of 2010).

end insert
begin delete

5(26)

end delete

6begin insert(28)end insert Interdistrict Attendance Permits (CSM 4442; Chapters 172
7and 742 of the Statutes of 1986; Chapter 853 of the Statutes of
81989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the
9Statutes of 1992).

begin delete

10(27)

end delete

11begin insert(29)end insert Intradistrict Attendance (CSM 4454; Chapters 161 and 915
12of the Statutes of 1993).

begin delete

13(28)

end delete

14begin insert(30)end insert Juvenile Court Notices II (CSM 4475; Chapters 1011 and
151423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994;
16and Chapter 71 of the Statutes of 1995).

begin delete

17(29)

end delete

18begin insert(31)end insert Notification of Truancy (CSM 4133; Chapter 498 of the
19Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter
2019 of the Statutes of 1995).

begin delete

21(30)

end delete

22begin insert(32)end insert Parental Involvement Programs (03-TC-16; Chapter 1400
23of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of
241998;begin insert andend insert Chapter 1037 of the Statutes of 2002).

begin delete

25(31)

end delete

26begin insert(33)end insert Physical Performance Tests (96-365-01; Chapter 975 of
27the Statutes of 1995).

begin delete

28(32)

end delete

29begin insert(34)end insert Prevailing Wage Rate (01-TC-28; Chapter 1249 of the
30Statutes of 1978).

begin delete

31(33)

end delete

32begin insert(35)end insert Public Contracts (02-TC-35; Chapter 1073 of the Statutes
33of 1985; Chapter 1408 of the Statutesbegin insert ofend insert 1988; Chapter 330 of the
34Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter
35321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992;
36and Chapter 726 of the Statutes of 1994).

begin delete

37(34)

end delete

38begin insert(36)end insert Pupil Health Screenings (CSM 4440; Chapter 1208 of the
39Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter
40750 of the Statutes of 1992).

begin delete

P128  1(35)

end delete

2begin insert(37)end insert Pupil Promotion and Retention (98-TC-19; Chapter 100
3of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
4Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes
5of 1990; and Chapters 742 and 743 of the Statutes of 1998).

begin delete

6(36)

end delete

7begin insert(38)end insert Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes
8of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the
9Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332
10of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
11Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes
12of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of
13the Statutes of 1996; and Chapter 492 of the Statutes of 2000).

begin delete

14(37)

end delete

15begin insert(39)end insertbegin deletePupil Expulsions (CSM 4455; Chapter 1253 of end deletebegin insertRace to end insertthe
16begin delete Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668
17of the Statutes of 1978; Chapter 318 of the Statutes of 1982;
18Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes
19of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the
20Statutes of 1990; Chapter 152 of the Statutes of 1992;end delete
begin insert Top
21(10-TC06;end insert
Chaptersbegin delete 1255, 1256,end deletebegin insert 2end insert andbegin delete 1257end deletebegin insert 3end insert of the Statutes of
22begin delete 1993; and Chapter 146 of the Statutes of 1994).end deletebegin insert 2009).end insert

begin delete end deletebegin delete

23(38) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the
24Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668
25of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).

end delete
begin delete end deletebegin delete end deletebegin delete

26(39) Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes
27of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the
28Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856
29of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).

end delete
begin delete end delete

30(40) School Accountability Report Cards (97-TC-21, 00-TC-09,
3100-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997;
32Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes
33of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the
34Statutes of 1992; and Chapter 1463 of the Statutes of 1989).

35(41) School District Fiscal Accountability Reporting (97-TC-19;
36Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes
37of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
381452 of the Statutes of 1987; Chapters 1461 and 1462 of the
39Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter
401213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
P129  1Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and
21002 of the Statutes of 1994; and Chapter 525 of the Statutes of
31995).

4(42) School District Reorganization (98-TC-24; Chapter 1192
5of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).

6(43) Student Records (02-TC-34; Chapter 593 of the Statutes
7of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the
8Statutes of 1998; and Chapter 67 of the Statutes of 2000).

9(44) The Stull Act (98-TC-25; Chapter 498 of the Statutes of
101983; and Chapter 4 of the Statutes of 1999).

11(45) Threats Against Peace Officers (CSM 96-365-02; Chapter
121249 of the Statutes of 1992; and Chapter 666 of the Statutes of
131995).

14(46) Uniform Complaint Procedures (03-TC-02; Chapter 1117
15of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and
16Chapter 914 of the Statutes of 1998).

17(47) Williams Case Implementation I, II, and III (05-TC-04,
1807-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the
19Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704
20of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).

begin delete end deletebegin delete

21(48) Pupil Expulsions II, Pupil Suspensions II, and Educational
22Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
2301-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
24Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
251996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
26Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
27of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).

end delete
begin delete end delete

28(f) Notwithstanding Section 10231.5, on or before November
291 of each fiscal year, the Superintendent of Public Instruction shall
30produce a report that indicates the total amount of block grant
31funding each school district, county office of education, and charter
32school received in that fiscal year pursuant to this section. The
33Superintendent of Public Instruction shall provide this report to
34the appropriate fiscal and policy committees of the Legislature,
35the Controller, the Department of Finance, and the Legislative
36Analyst’s Office.

37begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 17581.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert

39

17581.8.  

(a) (1) begin deleteThe end deletebegin insertFor the 2014-15 fiscal year, the end insertsum of
40two hundred eighty-seven million one hundred forty-nine thousand
P130  1dollars ($287,149,000) is hereby appropriated from the General
2Fund to the Superintendent of Public Instruction for allocation to
3school districts in the manner, and for the purposes, set forth in
4this section.

5(2) begin deleteThe end deletebegin insertFor the 2014-15 fiscal year, the end insertsum of forty-nine
6million five hundred thousand dollars ($49,500,000) is hereby
7appropriated from the General Fund to the Chancellor of the
8California Community Colleges for allocation to community
9college districts in the manner, and for the purposes, set forth in
10this section.

11(3) For purposes of this section, a school district includes a
12county office of education and a charter school.

13(b) (1) The Superintendent of Public Instruction shall allocate
14the funds appropriated pursuant to paragraph (1) of subdivision
15(a), and the funds appropriated for purposes of this section pursuant
16to Item 6110-488 ofbegin insert Section 2.00 ofend insert the Budget Act of 2014, to
17school districts on the basis of an equal amount per unit of regular
18average daily attendance, as thosebegin insert average daily attendanceend insert
19 numbers are reported at the time of the second principal
20apportionment for the 2013-14 fiscal year.

21(2) The Chancellor shall allocate the funds appropriated pursuant
22to paragraph (2) of subdivision (a) to community college districts
23on the basis of an equal amount per enrolled full-time equivalent
24student, as those numbersbegin insert of studentsend insert are reported at the time of
25the second principal apportionment for the 2013-14 fiscal year.

26(c) Allocations made pursuant to this section shall first satisfy
27any outstanding claims pursuant to Section 6 of Article XIII B of
28the California Constitution for reimbursement of state-mandated
29local program costs for any fiscal year. Notwithstandingbegin insert Section
3012419.5 andend insert
any amounts that are paid in satisfaction of
31outstanding claims for reimbursement of state-mandated local
32program costs, the Controller may audit any claim as allowed by
33law, and maybegin delete reduceend deletebegin insert recoverend insert any amount owed by school districts
34or community college districts pursuant to an auditbegin insert onlyend insert by
35reducing amounts owed by the state to school districts or
36community college districts for any other mandate claims.begin insert Under
37no circumstances shall a school district or community college
38district be required to remit funding back to the state to pay for
39disallowed costs identified by a Controller audit of claimed
40reimbursable state-mandated local program costs.end insert
The Controller
P131  1shallbegin insert not recover any amount owed by a school district or
2community college district pursuant to an audit of claimed
3reimbursable state-mandated local program costs by reducing any
4amount owed a school district or community college district for
5any purpose other than amounts owed for any other mandate
6claims. The Controller shallend insert
apply amounts received by each school
7district or community college district against any balances of
8unpaid claims for reimbursement of state-mandated local program
9costs and interest in chronological order beginning with the earliest
10claim. The Controller shall report to each school district and
11community college district the amounts of any claims and interest
12that are offset from funds provided pursuant to this section, and
13shall report a summary of the amounts offset for each mandate for
14each fiscal year to the Department of Finance and the fiscal
15committees of the Legislature.

16(d) (1) The governing board of a school district or community
17college district may expend funds received pursuant to this section
18for any one-time purpose, as determined by the governing board.

19(2) It is the intent of the Legislature that school districts will
20prioritize the use of these one-time funds for professional
21development, instructional materials, technology infrastructure,
22and any other investments necessary to support implementation
23of the common core standards in English language arts and
24mathematics, the implementation of English language development
25standards, and the implementation of the Next Generation Science
26standards.

27begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 17581.9 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
28to read:end insert

begin insert
29

begin insert17581.9.end insert  

(a) (1) The sum of three billion ninety-eight million
30four hundred fifty-five thousand dollars ($3,098,455,000) is hereby
31appropriated from the General Fund to the Superintendent of
32Public Instruction for allocation to school districts and county
33superintendents of schools in the manner, and for the purposes,
34set forth in this section.

35(2) The sum of six hundred four million forty-three thousand
36dollars ($604,043,000) is hereby appropriated from the General
37Fund to the Chancellor of the California Community Colleges for
38allocation to community college districts in the manner, and for
39the purposes, set forth in this section.

P132  1(3) For purposes of this section, a school district includes a
2county office of education and a charter school.

3(b) (1) (A) The Superintendent of Public Instruction shall
4allocate forty million dollars ($40,000,000) of the funds
5appropriated pursuant to paragraph (1) of subdivision (a) to county
6superintendents of schools, as follows:

7(i) Each county superintendent of schools shall be allocated the
8greater of: (i) thirty thousand dollars ($30,000), multiplied by the
9number of school districts for which the county superintendent of
10schools has jurisdiction pursuant to Section 1253 of the Education
11Code; or (ii) eighty thousand dollars ($80,000).

12(ii) After the allocations pursuant to subparagraph (A), the
13balance shall be allocated in an equal amount per unit of regular
14average daily attendance, as those average daily attendance
15numbers are reported at the time of the second principal
16apportionment for the 2014-15 fiscal year.

17(B) For purposes of allocating funding pursuant to this
18paragraph only, “regular average daily attendance” means the
19aggregate number of units of average daily attendance within the
20county attributable to all school districts for which the county
21superintendent of schools has jurisdiction pursuant to Section
221253 of the Education Code, charter schools within the county,
23and the schools operated by the county superintendent of schools.

24(2) It is the intent of the Legislature that county offices of
25education will prioritize the use of funds allocated pursuant to
26paragraph (1) for investments necessary to support new
27responsibilities required under the evolving accountability
28structure of the local control funding formula and develop greater
29capacity and consistency within and between county offices of
30education. A county office of education may encumber funds
31apportioned pursuant to this section at any time during the
322015-16 or 2016-17 fiscal year.

33(3) The Superintendent shall allocate three billion fifty-eight
34million four hundred fifty-five thousand dollars ($3,058,455,000)
35of the funds appropriated pursuant to paragraph (1) of subdivision
36(a) to school districts on the basis of an equal amount per unit of
37regular average daily attendance, as those average daily
38attendance numbers are reported at the time of the second principal
39apportionment for the 2014-15 fiscal year.

P133  1(c) The Chancellor of the California Community Colleges shall
2allocate the funds appropriated pursuant to paragraph (2) of
3subdivision (a) to community college districts on the basis of an
4equal amount per enrolled full-time equivalent student, as those
5 numbers of students are reported at the time of the second principal
6apportionment for the 2014-15 fiscal year.

7(d) Allocations made pursuant to this section shall first satisfy
8any outstanding claims pursuant to Section 6 of Article XIII B of
9the California Constitution for reimbursement of state-mandated
10local program costs for any fiscal year. Notwithstanding Section
1112419.5 and any amounts that are paid in satisfaction of
12outstanding claims for reimbursement of state-mandated local
13program costs, the Controller may audit any claim as allowed by
14law, and may recover any amount owed by school districts or
15community college districts pursuant to an audit only by reducing
16amounts owed by the state to school districts or community college
17districts for any other mandate claims. Under no circumstances
18shall a school district or community college district be required
19to remit funding back to the state to pay for disallowed costs
20identified by a Controller audit of claimed reimbursable
21state-mandated local program costs. The Controller shall not
22recover any amount owed by a school district or community college
23district pursuant to an audit of claimed reimbursable
24state-mandated local program costs by reducing any amount owed
25a school district or community college district for any purpose
26other than amounts owed for any other mandate claims. The
27Controller shall apply amounts received by each school district
28or community college district against any balances of unpaid
29claims for reimbursement of state-mandated local program costs
30and interest in chronological order beginning with the earliest
31claim. The Controller shall report to each school district and
32community college district the amounts of any claims and interest
33that are offset from funds provided pursuant to this section, and
34shall report a summary of the amounts offset for each mandate for
35each fiscal year to the Department of Finance and the fiscal
36committees of the Legislature.

37(e) (1) The governing board of a school district or community
38college district may expend the one-time funds received pursuant
39to this section for any purpose, as determined by the governing
40board.

P134  1(2) It is the intent of the Legislature that school districts shall
2prioritize the use of these one-time funds for professional
3development, induction for beginning teachers with a focus on
4relevant mentoring, instructional materials, technology
5infrastructure, and any other investments necessary to support
6implementation of the common core standards in English language
7arts and mathematics, the implementation of English language
8development standards, and the implementation of the Next
9Generation Science standards.

10(f) For purposes of making the computations required by Section
118 of Article XVI of the California Constitution, three hundred
12nineteen million two hundred thirty-one thousand dollars
13($319,231,000) of the appropriations made by subdivision (a) shall
14be deemed to be “General Fund revenues appropriated for school
15districts,” as defined in subdivision (c) of Section 41202 of the
16Education Code, for the 2013-14 fiscal year, and included within
17the “total allocations to school districts and community college
18districts from General Fund proceeds of taxes appropriated
19pursuant to Article XIII B,” as defined in subdivision (e) of Section
2041202 of the Education Code, for the 2013-14 fiscal year.

21(g) For purposes of making the computations required by
22Section 8 of Article XVI of the California Constitution, ninety-three
23million five hundred twenty-nine thousand dollars ($93,529,000)
24of the appropriations made by subdivision (a) shall be deemed to
25be “General Fund revenues appropriated for community college
26districts,” as defined in subdivision (d) of Section 41202 of the
27Education Code, for the 2013-14 fiscal year, and included within
28the “total allocations to school districts and community college
29districts from General Fund proceeds of taxes appropriated
30pursuant to Article XIII B,” as defined in subdivision (e) of Section
3141202 of the Education Code, for the 2013-14 fiscal year.

32(h) For purposes of making the computations required by
33Section 8 of Article XVI of the California Constitution, two billion
34seven hundred forty-eight million three hundred forty-nine
35thousand dollars ($2,748,349,000) of the appropriations made by
36subdivision (a) shall be deemed to be “General Fund revenues
37appropriated for school districts,” as defined in subdivision (c)
38of Section 41202 of the Education Code, for the 2014-15 fiscal
39year, and included within the “total allocations to school districts
40and community college districts from General Fund proceeds of
P135  1taxes appropriated pursuant to Article XIII B,” as defined in
2subdivision (e) of Section 41202 of the Education Code, for the
32014-15 fiscal year.

4(i) For purposes of making the computations required by Section
58 of Article XVI of the California Constitution, three hundred
6ninety-three million two hundred twenty thousand dollars
7($393,220,000) of the appropriations made by subdivision (a) shall
8be deemed to be “General Fund revenues appropriated for
9community college districts,” as defined in subdivision (d) of
10Section 41202 of the Education Code, for the 2014-15 fiscal year,
11and included within the “total allocations to school districts and
12community college districts from General Fund proceeds of taxes
13appropriated pursuant to Article XIII B,” as defined in subdivision
14(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
15year.

16(j) For purposes of making the computations required by Section
178 of Article XVI of the California Constitution, one hundred
18seventeen million two hundred ninety-four thousand dollars
19($117,294,000) of the appropriations made by subdivision (a) shall
20be deemed to be “General Fund revenues appropriated for
21community college districts,” as defined in subdivision (d) of
22Section 41202 of the Education Code, for the 2015-16 fiscal year,
23and included within the “total allocations to school districts and
24community college districts from General Fund proceeds of taxes
25appropriated pursuant to Article XIII B,” as defined in subdivision
26(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
27year.

28(k) For purposes of making the computations required by Section
298 of Article XVI of the California Constitution, thirty million eight
30hundred seventy-five thousand dollars ($30,875,000) of the
31appropriations made by subdivision (a) shall be deemed to be
32“General Fund revenues appropriated for school districts,” as
33defined in subdivision (c) of Section 41202 of the Education Code,
34for the 2015-16 fiscal year, and included within the “total
35allocations to school districts and community college districts
36from General Fund proceeds of taxes appropriated pursuant to
37Article XIII B,” as defined in subdivision (e) of Section 41202 of
38the Education Code, for the 2015-16 fiscal year.

end insert
39begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 33607.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
40amended to read:end insert

P136  1

33607.5.  

(a) (1) This section shall apply to each
2redevelopment project area that, pursuant to a redevelopment plan
3which contains the provisions required by Section 33670, is either:
4(A) adopted on or after January 1, 1994, including later
5amendments to these redevelopment plans; or (B) adopted prior
6to January 1, 1994, but amended, after January 1, 1994, to include
7new territory. For plans amended after January 1, 1994, only the
8tax increments from territory added by the amendment shall be
9subject to this section. All the amounts calculated pursuant to this
10section shall be calculated after the amount required to be deposited
11in the Low and Moderate Income Housing Fund pursuant to
12Sections 33334.2, 33334.3, and 33334.6 has been deducted from
13the total amount of tax increment funds received by the agency in
14the applicable fiscal year.

15(2) The payments made pursuant to this section shall be in
16addition to any amounts the affected taxing entities receive
17pursuant to subdivision (a) of Section 33670. The payments made
18pursuant to this section to the affected taxing entities, including
19the community, shall be allocated among the affected taxing
20entities, including the community if the community elects to receive
21payments, in proportion to the percentage share of property taxes
22each affected taxing entity, including the community, receives
23during the fiscal year the funds are allocated, which percentage
24share shall be determined without regard to any amounts allocated
25to a city, a city and county, or a county pursuant to Sections 97.68
26and 97.70 of the Revenue and Taxation Code, and without regard
27to any allocation reductions to a city, a city and county, a county,
28a special district, or a redevelopment agency pursuant to Sections
2997.71, 97.72, and 97.73 of the Revenue and Taxation Code and
30Section 33681.12. The agency shall reduce its payments pursuant
31to this section to an affected taxing entity by any amount the agency
32has paid, directly or indirectly, pursuant to Section 33445, 33445.5,
3333445.6, 33446, or any other provision of law other than this
34section for, or in connection with, a public facility owned or leased
35by that affected taxing agency, except: (A)  any amounts the
36agency has paid directly or indirectly pursuant to an agreement
37with a taxing entity adopted prior to January 1, 1994; or (B)  any
38amounts that are unrelated to the specific project area or
39amendment governed by this section. The reduction in a payment
40by an agency to a school district, community college district, or
P137  1county office of education, or for special education, shall be
2subtracted only from the amount that otherwise would be available
3for use by those entities for educational facilities pursuant to
4paragraph (4). If the amount of the reduction exceeds the amount
5that otherwise would have been available for use for educational
6facilities in any one year, the agency shall reduce its payment in
7more than one year.

8(3) If an agency reduces its payment to a school district,
9community college district, or county office of education, or for
10special education, the agency shall do all of the following:

11(A) Determine the amount of the total payment that would have
12been made without the reduction.

13(B) Determine the amount of the total payment without the
14reduction which: (i) would have been considered property taxes;
15and (ii) would have been available to be used for educational
16facilities pursuant to paragraph (4).

17(C) Reduce the amount available to be used for educational
18facilities.

19(D) Send the payment to the school district, community college
20district, or county office of education, or for special education,
21with a statement that the payment is being reduced and including
22the calculation required by this subdivision showing the amount
23to be considered property taxes and the amount, if any, available
24for educational facilities.

25(4) (A) Except as specified in subparagraph (E), of the total
26amount paid each year pursuant to this section to school districts,
2743.3 percent shall be considered to be property taxes forbegin delete theend delete
28 purposes of paragraph (1) of subdivision (h) of Section 42238 of
29the Educationbegin delete Code, as it read on January 1, 2013,end deletebegin insert Codeend insert and
30paragraph (1) of subdivision (j) of Section 42238.02 of the
31Education Code, and 56.7 percent shall not be considered to be
32property taxes forbegin delete theend delete purposes of that section and shall be available
33to be used for educational facilities, including,begin delete in the case of
34amounts paid during the 2011-12 fiscal year through the 2015-16
35fiscal year, inclusive,end delete
land acquisition, facility construction,
36reconstruction, remodeling, maintenance, or deferred maintenance.

37(B) Except as specified in subparagraph (E), of the total amount
38paid each year pursuant to this section to community college
39districts, 47.5 percent shall be considered to be property taxes for
40begin delete theend delete purposes of Section 84751 of the Education Code, and 52.5
P138  1percent shall not be considered to be property taxes forbegin delete theend delete purposes
2of that section and shall be available to be used for educational
3facilities, including,begin delete in the case of amounts paid during the 2011-12
4fiscal year through the 2015-16 fiscal year, inclusive,end delete
land
5acquisition, facility construction, reconstruction, remodeling,
6maintenance, or deferred maintenance.

7(C) Except as specified in subparagraph (E), of the total amount
8paid each year pursuant to this section to county offices of
9 education, 19 percent shall be considered to be property taxes for
10begin delete theend delete purposes ofbegin delete Sectionend deletebegin insert Sectionsend insert 2558begin delete of the Education Code, as
11it read on January 1, 2013,end delete
andbegin delete Sectionend delete 2575 of the Education
12Code, and 81 percent shall not be considered to be property taxes
13forbegin delete theend delete purposes ofbegin delete that sectionend deletebegin insert those sectionsend insert and shall be available
14to be used for educational facilities, including,begin delete in the case of
15amounts paid during the 2011-12 fiscal year through the 2015-16
16fiscal year, inclusive,end delete
land acquisition, facility construction,
17reconstruction, remodeling, maintenance, or deferred maintenance.

18(D) Except as specified in subparagraph (E), of the total amount
19paid each year pursuant to this section for special education, 19
20percent shall be considered to be property taxes forbegin insert purposes of
21Sections 2558 and 2575 ofend insert
thebegin insert Education Code, or forend insert purposes
22ofbegin insert paragraph (1) of subdivision (h) ofend insert Sectionbegin delete 56712end deletebegin insert 42238end insert of the
23Educationbegin insert Code and paragraph (1) of subdivision (j) of Section
2442238.02 of the Educationend insert
Code,begin insert as applicable,end insert and 81 percent
25shall not be considered to be property taxes forbegin delete theend delete purposes of
26begin delete that sectionend deletebegin insert those sectionsend insert and shall be available to be used for
27education facilities, including,begin delete in the case of amounts paid during
28the 2011-12 fiscal year through the 2015-16 fiscal year, inclusive,end delete

29 land acquisition, facility construction, reconstruction, remodeling,
30maintenance, or deferred maintenance.

31(E) If, pursuant to paragraphs (2) and (3), an agency reduces its
32payments to an educational entity, the calculation made by the
33agency pursuant to paragraph (3) shall determine the amount
34considered to be property taxes and the amount available to be
35used for educational facilities in the year the reduction was made.

36(5) Local education agencies that use funds received pursuant
37to this section for school facilities shall spend these funds at schools
38that are: (A) within the project area, (B) attended by students from
39the project area, (C) attended by students generated by projects
40that are assisted directly by the redevelopment agency, or (D)
P139  1determined by the governing board of a local education agency to
2be of benefit to the project area.

3(b) Commencing with the first fiscal year in which the agency
4receives tax increments and continuing through the last fiscal year
5in which the agency receives tax increments, a redevelopment
6agency shall pay to the affected taxing entities, including the
7community if the community elects to receive a payment, an
8amount equal to 25 percent of the tax increments received by the
9agency after the amount required to be deposited in the Low and
10Moderate Income Housing Fund has been deducted. In any fiscal
11year in which the agency receives tax increments, the community
12that has adopted the redevelopment project area may elect to
13receive the amount authorized by this paragraph.

14(c) Commencing with the 11th fiscal year in which the agency
15receives tax increments and continuing through the last fiscal year
16in which the agency receives tax increments, a redevelopment
17agency shall pay to the affected taxing entities, other than the
18community which has adopted the project, in addition to the
19amounts paid pursuant to subdivision (b) and after deducting the
20amount allocated to the Low and Moderate Income Housing Fund,
21an amount equal to 21 percent of the portion of tax increments
22received by the agency, which shall be calculated by applying the
23tax rate against the amount of assessed value by which the current
24year assessed value exceeds the first adjusted base year assessed
25value. The first adjusted base year assessed value is the assessed
26value of the project area in the 10th fiscal year in which the agency
27receives tax increment revenues.

28(d) Commencing with the 31st fiscal year in which the agency
29receives tax increments and continuing through the last fiscal year
30in which the agency receives tax increments, a redevelopment
31agency shall pay to the affected taxing entities, other than the
32community which has adopted the project, in addition to the
33amounts paid pursuant to subdivisions (b) and (c) and after
34deducting the amount allocated to the Low and Moderate Income
35Housing Fund, an amount equal to 14 percent of the portion of tax
36increments received by the agency, which shall be calculated by
37applying the tax rate against the amount of assessed value by which
38the current year assessed value exceeds the second adjusted base
39year assessed value. The second adjusted base year assessed value
P140  1is the assessed value of the project area in the 30th fiscal year in
2which the agency receives tax increments.

3(e) (1) Prior to incurring any loans, bonds, or other
4indebtedness, except loans or advances from the community, the
5agency may subordinate to the loans, bonds, or other indebtedness
6the amount required to be paid to an affected taxing entity by this
7section, provided that the affected taxing entity has approved these
8subordinations pursuant to this subdivision.

9(2) At the time the agency requests an affected taxing entity to
10subordinate the amount to be paid to it, the agency shall provide
11the affected taxing entity with substantial evidence that sufficient
12funds will be available to pay both the debt service and the
13payments required by this section, when due.

14(3) Within 45 days after receipt of the agency’s request, the
15affected taxing entity shall approve or disapprove the request for
16subordination. An affected taxing entity may disapprove a request
17for subordination only if it finds, based upon substantial evidence,
18that the agency will not be able to pay the debt payments and the
19amount required to be paid to the affected taxing entity. If the
20affected taxing entity does not act within 45 days after receipt of
21the agency’s request, the request to subordinate shall be deemed
22approved and shall be final and conclusive.

23(f) (1) The Legislature finds and declares both of the following:

24(A) The payments made pursuant to this section are necessary
25in order to alleviate the financial burden and detriment that affected
26taxing entities may incur as a result of the adoption of a
27redevelopment plan, and payments made pursuant to this section
28will benefit redevelopment project areas.

29(B) The payments made pursuant to this section are the exclusive
30payments that are required to be made by a redevelopment agency
31to affected taxing entities during the term of a redevelopment plan.

32(2) Notwithstanding any otherbegin delete provision ofend delete law, a redevelopment
33agency shall not be required, either directly or indirectly, as a
34measure to mitigate a significant environmental effect or as part
35of any settlement agreement or judgment brought in any action to
36contest the validity of a redevelopment plan pursuant to Section
3733501, to make any other payments to affected taxing entities, or
38to pay for public facilities that will be owned or leased to an
39affected taxing entity.

P141  1(g) As used in this section, a “local education agency” is a school
2district, a community college district, or a county office of
3education.

4begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 33607.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert

6

33607.7.  

(a) This section shall apply to a redevelopment plan
7amendment for any redevelopment plans adopted prior to January
81, 1994, that increases the limitation on the number of dollars to
9be allocated to the redevelopment agency or that increases, or
10eliminates pursuant to paragraph (1) of subdivision (e) of Section
1133333.6, the time limit on the establishing of loans, advances, and
12indebtedness established pursuant to paragraphs (1) and (2) of
13subdivision (a) of Section 33333.6, as those paragraphs read on
14December 31, 2001, or that lengthens the period during which the
15redevelopment plan is effective if the redevelopment plan being
16amended contains the provisions required by subdivision (b) of
17Section 33670. However, this section shall not apply to those
18redevelopment plans that add new territory.

19(b) If a redevelopment agency adopts an amendment that is
20governed by the provisions of this section, it shall pay to each
21affected taxing entity either of the following:

22(1) If an agreement exists that requires payments to the taxing
23entity, the amount required to be paid by an agreement between
24the agency and an affected taxing entity entered into prior to
25January 1, 1994.

26(2) If an agreement does not exist, the amounts required pursuant
27to subdivisions (b), (c), (d), and (e) of Section 33607.5, until
28termination of the redevelopment plan, calculated against the
29amount of assessed value by which the current year assessed value
30exceeds an adjusted base year assessed value. The amounts shall
31be allocated between property taxes and educational facilities,
32including, in the case of amounts paidbegin delete duringend deletebegin insert commencing withend insert
33 the 2011-12 fiscalbegin delete year through the 2015-16 fiscalend delete year,begin delete inclusive,end delete
34 land acquisition, facility construction, reconstruction, remodeling,
35maintenance, or deferred maintenance, according to the appropriate
36formula in paragraph (3) of subdivision (a) of Section 33607.5. In
37determining the applicable amount under Section 33607.5, the first
38fiscal year shall be the first fiscal year following the fiscal year in
39which the adjusted base year value is determined.

P142  1(c) The adjusted base year assessed value shall be the assessed
2value of the project area in the year in which the limitation being
3amended would have taken effect without the amendment or, if
4more than one limitation is being amended, the first year in which
5one or more of the limitations would have taken effect without the
6amendment. The agency shall commence making these payments
7pursuant to the terms of the agreement, if applicable, or, if an
8agreement does not exist, in the first fiscal year following the fiscal
9year in which the adjusted base year value is determined.

10begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 11 of Chapter 325 of the Statutes of 2012 is
11amended to read:end insert

begin insert
12

begin insertSec. 11.end insert  

(a) Notwithstanding Sections 17456, 17457, 17462,
13and 17463 of the Education Code, or any other law, from
14September 1, 2012, to June 30, 2018, inclusive, the Inglewood
15Unified School District may sell property owned by the school
16district and use the proceeds from the sale to reduce or retire the
17emergency loan provided in Section 8 of this act. The sale only of
18property pursuant to this subdivision is not subject to Section
1917459 or 17464 of the Education Code.

20(b) Notwithstanding any other law, from June 1, 2012, to June
2130, 2018, inclusive, the Inglewood Unified School District is not
22eligible for financial hardship assistance pursuant to Article 8
23(commencing with Section 17075.10) of Chapter 12.5 of Part 10
24of Division 1 of Title 1 of the Education Code.

end insert
25begin insert

begin insertSEC. 47.end insert  

end insert
begin insert

It is the intent of the Legislature that when the local
26control funding formula is fully implemented pursuant to
27subdivision (g) of Section 42238.03 of the Education Code, local
28educational agencies shall be required to report to the
29Superintendent of Public Instruction for compilation on the State
30Department of Education’s Internet Web site both of the following:

end insert
begin insert

31(a) The amount of funds received on the basis of the number
32and concentration of unduplicated pupils in the current year and,
33to the extent available, prior fiscal years.

end insert
begin insert

34(b) The amount of local control funding formula funds expended
35on services for unduplicated pupils in the current year and, to the
36extent available, prior fiscal years commencing with the 2013-14
37fiscal year.

end insert
38begin insert

begin insertSEC. 48.end insert  

end insert
begin insert

(a) On or before June 30, 2016, an amount to be
39determined by the Director of Finance, not to exceed the amount
40of the shortfall specified in subdivision (b), shall be appropriated
P143  1from the General Fund to the Superintendent of Public Instruction
2in augmentation of Schedule (1) of Item 6110-161-0001 of Section
32.00 of the Budget Act of 2015.

end insert
begin insert

4(b) The funds appropriated in subdivision (a) shall not exceed
5the amount by which revenues distributed to local educational
6agencies for special education programs pursuant to Sections
7 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code
8are less than the estimated amount reflected in the Budget Act of
92015, as determined by the Director of Finance.

end insert
begin insert

10(c) On or before June 30, 2016, the Director of Finance shall
11determine if the revenues distributed to local educational agencies
12for special education programs pursuant to Sections 34177,
1334179.5, 34179.6, and 34188 of the Health and Safety Code exceed
14the estimated amount reflected in the Budget Act of 2015 and shall
15reduce Schedule (1) of Item 6110-161-0001 of Section 2.00 of the
16Budget Act of 2015 by the amount of that excess.

end insert
begin insert

17(d) In making the determinations pursuant to subdivisions (b)
18and (c), the Director of Finance shall consider any other local
19property tax revenues collected in excess or in deficit of the
20estimated amounts reflected in the Budget Act of 2015.

end insert
begin insert

21(e) The Director of Finance shall notify the Chairperson of the
22Joint Legislative Budget Committee, or his or her designee, of his
23or her intent to notify the Controller of the necessity to release
24funds appropriated in subdivision (a) or to make the reduction
25pursuant to subdivision (c), and the amount needed to address the
26property tax shortfall determined pursuant to subdivision (b) or
27the amount of the reduction made pursuant to subdivision (c). The
28Controller shall make the funds available pursuant to subdivision
29(a) not sooner than five days after this notification, and the State
30Department of Education shall work with the Controller to allocate
31these funds to local educational agencies as soon as practicable.

end insert
begin insert

32(f) For purposes of making the computations required by Section
338 of Article XVI of the California Constitution, the appropriations
34made by subdivision (a) shall be deemed to be “General Fund
35revenues appropriated for school districts,” as defined in
36subdivision (c) of Section 41202 of the Education Code, for the
372015-16 fiscal year, and included within the “total allocations to
38school districts and community college districts from General
39Fund proceeds of taxes appropriated pursuant to Article XIII B,”
P144  1as defined in subdivision (e) of Section 41202 of the Education
2Code, for the 2015-16 fiscal year.

end insert
3begin insert

begin insertSEC. 49.end insert  

end insert
begin insert

(a) The State Department of Education shall convene,
4by September 1, 2015, a stakeholder group to provide
5recommendations to streamline data and other reporting
6requirements for child care and early learning providers that
7contract with the State Department of Education to provide state
8preschool and other state subsidized child care and early learning
9programs under Title 5 of the California Code of Regulations. The
10recommendations shall address the challenges and redundancies
11in reporting faced by contractors and providers that deliver
12services to children through multiple contracts from different
13sources, including federal Head Start and Early Head Start, state
14preschool, and other Title 5 programs, programs administered by
15the California Children and Families Commission, and other
16federal, state, and local programs.

end insert
begin insert

17(b) The stakeholder group shall identify current reporting
18requirements for the programs identified in subdivision (a) in
19statute, regulations, and other administering documents, including
20funding terms and conditions and management bulletins, and shall
21find redundancies that can be eliminated, similar requirements
22that can be aligned, and other changes that could result in
23efficiencies for providers and contractors. The recommendations
24made by the stakeholder group shall reduce the administrative
25workload for contractors and providers that deliver services under
26multiple contracts without increasing administrative workload for
27contractors and providers that deliver services under a single state
28contract.

end insert
begin insert

29(c) The stakeholder group shall consist of no more than seven
30members, including one designee of the State Department of
31Education, one designee of the California Children and Families
32Commission, one designee of the State Department of Social
33Services, one state preschool contractor, one Title 5 contractor,
34one federal Head Start contractor, and one entity receiving funding
35through a program administered by the California Children and
36Families Commission. Contractors and providers shall represent,
37to the extent practicable, the regional and care environment
38diversity of state child care and early learning programs, including
39family child care home networks and local educational agencies.

end insert
begin insert

P145  1(d) The stakeholder group shall provide its recommendations
2to the Legislature, the Department of Finance, and the State Board
3of Education no later than April 1, 2016. At least one month before
4 presenting its recommendations, the group shall make a draft of
5its findings available to the Department of Finance and the
6Governor’s State Advisory Council for Early Learning and Care
7for review and comment.

end insert
8begin insert

begin insertSEC. 50.end insert  

end insert
begin insert

(a) The State Department of Education shall convene,
9by September 1, 2015, a stakeholder group to examine CalWORKs
10Stage 2, CalWORKs Stage 3, and alternative payment program
11child care contract requirements, program and fiscal audits, and
12the process by which contractors are informed of and implement
13new contract requirements, with the purpose of identifying
14redundancies and efficiencies in program implementation and
15reducing the workload in program administration.

end insert
begin insert

16(b) The stakeholder group shall identify existing requirements
17 for the administration of the programs identified in subdivision
18(a), as described in program contracts and funding terms and
19conditions. The group shall examine the current requirements, as
20well as the existing protocols in place for ensuring contract
21compliance through program and fiscal audits, and identify
22recommended actions the state could take to reduce redundant
23workload for contractors and allow for efficiencies in program
24administration, especially by utilizing technology. The group shall
25also examine recent management bulletins and other documents
26that alert contractors to changes in program administration
27requirements, and recommend ways that future changes could be
28implemented to reduce program disruption and allow contractors
29more implementation flexibility.

end insert
begin insert

30(c) The stakeholder group shall consist of no more than seven
31members, including one designee of the State Department of
32Education, one designee of the California Children and Families
33Commission, one designee of the State Department of Social
34Services, and four representatives of alternative payment program
35agencies that contract with the state to provide child care vouchers.
36Contractors shall represent, to the extent practicable, the regional
37and size diversity of alternative payment programs.

end insert
begin insert

38(d) The stakeholder group shall provide its recommendations
39to the Legislature, the Department of Finance, and the State Board
40of Education no later than April 1, 2016. At least one month before
P146  1presenting its recommendations, the group shall make a draft of
2its findings available to the Department of Finance and the
3Governor’s State Advisory Council for Early Learning and Care
4for review and comment.

end insert
5begin insert

begin insertSEC. 51.end insert  

end insert
begin insert

(a) The sum of fifty thousand dollars ($50,000) is
6hereby appropriated from the General Fund to the State
7Department of Education for transfer to Section A of the State
8School Fund and allocation by the Controller for payment of claims
9for costs incurred in the 2013-14 and 2014-15 fiscal years
10pursuant to paragraph (1) of subdivision (f) of Section 44944 of
11the Education Code. Notwithstanding any other law, the Controller
12shall encumber the funds appropriated in this section by June 30,
132016.

end insert
begin insert

14(b) For purposes of making the computations required by
15Section 8 of Article XVI of the California Constitution, the
16appropriations made by subdivision (a) shall be deemed to be
17“General Fund revenues appropriated for school districts,” as
18defined in subdivision (c) of Section 41202 of the Education Code,
19for the 2014-15 fiscal year, and included within the “total
20allocations to school districts and community college districts
21from General Fund proceeds of taxes appropriated pursuant to
22Article XIII B,” as defined in subdivision (e) of Section 41202 of
23the Education Code, for the 2014-15 fiscal year.

end insert
24begin insert

begin insertSEC. 52.end insert  

end insert
begin insert

(a) For purposes of making the computations
25required by Section 8 of Article XVI of the California Constitution,
26one hundred fifty million dollars ($150,000,000) of the
27appropriation made by paragraph (1) of subdivision (a) of Section
2853070 of the Education Code shall be deemed to be “General
29Fund revenues appropriated for school districts,” as defined in
30subdivision (c) of Section 41202 of the Education Code, for the
312014-15 fiscal year, and included within the “total allocations to
32school districts and community college districts from General
33Fund proceeds of taxes appropriated pursuant to Article XIII B,”
34as defined in subdivision (e) of Section 41202 of the Education
35Code, for the 2014-15 fiscal year.

end insert
begin insert

36(b) For purposes of making the computations required by
37Section 8 of Article XVI of the California Constitution, two hundred
38fifty million dollars ($250,000,000) of the appropriation made by
39paragraph (1) of subdivision (a) of Section 53070 of the Education
40Code shall be deemed to be “General Fund revenues appropriated
P147  1for school districts,” as defined in subdivision (c) of Section 41202
2of the Education Code, for the 2015-16 fiscal year, and included
3within the “total allocations to school districts and community
4college districts from General Fund proceeds of taxes appropriated
5pursuant to Article XIII B,” as defined in subdivision (e) of Section
641202 of the Education Code, for the 2015-16 fiscal year.

end insert
begin insert

7(c) For purposes of making the computations required by Section
88 of Article XVI of the California Constitution, three hundred
9million dollars ($300,000,000) of the appropriation made by
10paragraph (2) of subdivision (a) of Section 53070 of the Education
11Code shall be deemed to be “General Fund revenues appropriated
12for school districts,” as defined in subdivision (c) of Section 41202
13of the Education Code, for the 2016-17 fiscal year, and included
14within the “total allocations to school districts and community
15college districts from General Fund proceeds of taxes appropriated
16pursuant to Article XIII B,” as defined in subdivision (e) of Section
1741202 of the Education Code, for the 2016-17 fiscal year.

end insert
begin insert

18(d) For purposes of making the computations required by
19Section 8 of Article XVI of the California Constitution, two hundred
20million dollars ($200,000,000) of the appropriation made by
21paragraph (3) of subdivision (a) of Section 53070 of the Education
22Code shall be deemed to be “General Fund revenues appropriated
23for school districts,” as defined in subdivision (c) of Section 41202
24of the Education Code, for the 2017-18 fiscal year, and included
25within the “total allocations to school districts and community
26college districts from General Fund proceeds of taxes appropriated
27pursuant to Article XIII B,” as defined in subdivision (e) of Section
2841202 of the Education Code, for the 2017-18 fiscal year.

end insert
29begin insert

begin insertSEC. 53.end insert  

end insert
begin insert

(a) The sum of three hundred fifty thousand dollars
30($350,000) is hereby appropriated to the Superintendent of Public
31Instruction for support and development of the evaluation rubrics
32adopted pursuant to Section 52064.5 of the Education Code.

end insert
begin insert

33(b) For the purposes outlined in subdivision (a), the State
34Department of Education, in collaboration with and subject to the
35approval of the executive director of the State Board of Education,
36shall enter into a contract with the San Joaquin County Office of
37Education to perform activities that ensure alignment of the
38evaluation rubrics with California’s accountability system,
39accommodate state and local data availability, and reflect
P148  1consistency with implementation of the local control funding
2formula.

end insert
begin insert

3(c) For purposes of making the computations required by Section
48 of Article XVI of the California Constitution, the appropriation
5made by subdivision (a) shall be deemed to be “General Fund
6revenues appropriated for school districts,” as defined in
7subdivision (c) of Section 41202 of the Education Code, for the
82014-15 fiscal year, and included within the “total allocations to
9school districts and community college districts from General
10Fund proceeds of taxes appropriated pursuant to Article XIII B,”
11as defined in subdivision (e) of Section 41202 of the Education
12Code, for the 2014-15 fiscal year.

end insert
13begin insert

begin insertSEC. 54.end insert  

end insert
begin insert

For purposes of apportionments calculated pursuant
14to Section 47663 of the Education Code for the 2009-10 and
152010-11 fiscal years, the Superintendent of Public Instruction
16shall include in the amount of property taxes as referenced in
17paragraph (1) of subdivision (b) of Section 47663 of the Education
18Code, as that section read at that time, and property taxes
19transferred to a charter school or schools as referenced in
20paragraph (2) of subdivision (b) of Section 47663 of the Education
21Code, as that section read at that time, allocations from the
22Supplemental Educational Revenue Augmentation Fund pursuant
23to subdivision (j) of Section 33690 of the Health and Safety Code.

end insert
24begin insert

begin insertSEC. 55.end insert  

end insert
begin insert

Commencing with the 2015-16 fiscal year, the
25Superintendent of Public Instruction shall add two million dollars
26($2,000,000) to the amount to be apportioned pursuant to Sections
272574 and 2575 of the Education Code for the Los Angeles County
28Office of Education for the purpose of supporting professional
29development and leadership training for education professionals
30related to antibias education and the creation of inclusive and
31equitable schools.

end insert
32begin insert

begin insertSEC. 56.end insert  

end insert
begin insert

Of the amount allocated in Schedule (1) of Item
336110-161-0001 of Section 2.00 of the Budget Act of 2012, sixteen
34million five hundred forty-nine thousand dollars ($16,549,000)
35shall be allocated to fund the 2010-11 fiscal year maintenance of
36effort in the special education program, and nineteen million one
37hundred seventy-three thousand dollars ($19,173,000) shall be
38allocated to fund the 2011-12 maintenance of effort in the special
39education program.

end insert
P149  1begin insert

begin insertSEC. 57.end insert  

end insert
begin insert

(a) The sum of ten million dollars ($10,000,000) is
2hereby appropriated from the General Fund to the Superintendent
3of Public Instruction on a one-time basis to apportion to a
4designated county office of education or two designated county
5offices of education applying jointly to provide technical assistance
6and to develop and disseminate statewide resources that encourage
7and assist local educational agencies and charter schools in
8establishing and aligning schoolwide, data-driven systems of
9learning and behavioral supports for the purpose of meeting the
10needs of California’s diverse learners in the most inclusive
11environments possible. The designated county office of education
12or county offices of education shall be selected by the State
13Department of Education and the executive director of the State
14Board of Education from among applicants that submit a detailed
15proposal for how they will effectively meet the criteria described
16in subdivisions (b), (c), and (e). These proposals shall include a
17detailed description of how the designated county office of
18education or county offices of education would use the funds,
19including how much funding it proposes to allocate to local
20educational agencies and charter schools for start-up and
21demonstration grants pursuant to paragraphs (8) and (9) of
22subdivision (c). If two county offices of education apply jointly,
23their application shall describe how their collaboration will not
24result in a duplication of effort. The designated county office of
25education or county offices of education shall encumber or expend
26the funds provided through this section by June 30, 2018.

end insert
begin insert

27(b) The designated county office of education or county offices
28of education shall identify existing evidence-based resources,
29professional development activities, and other efforts currently
30available at the state, federal, and local levels, as well as develop
31new evidence-based resources and activities, designed to help
32local educational agencies and charter schools across the state
33do all the following:

end insert
begin insert

34(1) Implement integrated multi-tiered systems of standards-based
35instruction, interventions, mental health, and academic and
36behavioral supports aligned with accessible instruction and
37curriculum using the principles of universal design, such as
38universal design for learning, established in the state curriculum
39frameworks and local control and accountability plans.

end insert
begin insert

P150  1(2) Provide services that can reduce the need for a pupil’s
2referral to special education or placement in more restrictive,
3isolated settings.

end insert
begin insert

4(3) Leverage and coordinate multiple school and community
5resources, including collaborations with local mental health
6agencies to provide school-based mental health services.

end insert
begin insert

7(4) Implement multi-tiered, evidence-based, data-driven school
8districtwide and schoolwide systems of support in both academic
9and behavioral areas including, but not limited to, positive
10behavior interventions and support, restorative justice, bullying
11prevention, social and emotional learning, trauma-informed
12practice, and cultural competency.

end insert
begin insert

13(5) Incorporate the types of practices, services, and efforts
14described in this subdivision into the local control and
15accountability plans of local educational agencies and charter
16schools.

end insert
begin insert

17(c) The designated county office of education or county offices
18of education shall identify and develop the resources and activities
19pursuant to subdivision (b) with the goal of maximizing their
20availability, efficacy, and usage across the state. To achieve this
21goal, the designated county office of education or county offices
22of education shall employ strategies that may include the following:

end insert
begin insert

23(1) Collect and disseminate evidence-based best practices.

end insert
begin insert

24(2) Develop train-the-trainer models and online training
25modules.

end insert
begin insert

26(3) Offer regional conferences and workshops.

end insert
begin insert

27(4) Provide technical assistance to local educational agencies
28and charter schools.

end insert
begin insert

29(5) Develop a network of educators who can provide coaching
30and training to other local educational agencies and charter
31schools.

end insert
begin insert

32(6) Provide stipends for school personnel to attend training
33sessions.

end insert
begin insert

34(7) Develop evaluation tools to measure the effectiveness of
35evidence-based strategies.

end insert
begin insert

36(8) Provide competitive startup grants to help local educational
37agencies and charter schools implement the practices described
38in subdivision (b).

end insert
begin insert

39(9) Provide demonstration grants to local educational agencies
40and charter schools for the purpose of identifying, evaluating,
P151  1learning about, or testing the feasibility of effective approaches,
2for the purposes of informing the other activities and resources
3 developed pursuant to this subdivision.

end insert
begin insert

4(d) A local educational agency or charter school that receives
5a grant from the designated county office of education or county
6offices of education, as described in paragraphs (8) and (9) of
7subdivision (c), shall, as a condition of receiving the grant, provide
8to the designated county office of education or county offices of
9education any available outcome data resulting from the new
10practices implemented. Such outcome data may include, but is not
11limited to, changes in rates of suspension or expulsion, discipline
12referrals, referrals to special education, pupil attendance, incidents
13of bullying or harassment, graduation rates, dropout rates, and
14measures of pupil academic achievement.

end insert
begin insert

15(e) By September 30 of each fiscal year until the designated
16county office of education or county offices of education have fully
17expended the funds allocated pursuant to subdivision (a), the
18designated county office of education or county offices of education
19shall submit an annual report to the Superintendent of Public
20Instruction summarizing how the designated county office of
21education or county offices of education used the funds in the prior
22fiscal year. The Superintendent of Public Instruction shall provide
23copies of these reports to the appropriate fiscal and policy
24committees of the Legislature, the Department of Finance, the
25State Board of Education, and the Legislative Analyst’s Office.
26Each annual report shall include all of the following:

end insert
begin insert

27(1) A summary of the activities conducted and resources
28developed.

end insert
begin insert

29(2) The number of local educational agencies and charter
30schools, educators, and pupils served by the activities and
31resources.

end insert
begin insert

32(3) A description of effective evidence-based strategies identified
33for implementing the practices described in subdivision (b).

end insert
begin insert

34(4) A summary of any data that is available on outcomes
35resulting from the activities conducted, including any data reported
36by local educational agencies or charter schools pursuant to
37subdivision (d). Such outcome data may include, but is not limited
38to, changes in rates of suspension or expulsion, discipline referrals,
39referrals to special education, pupil attendance, incidents of
P152  1bullying or harassment, graduation rates, dropout rates, and
2measures of pupil academic achievement.

end insert
begin insert

3(5) Recommendations for improving state-level activities or
4policies.

end insert
begin insert

5(f) For purposes of making the computations required by Section
68 of Article XVI of the California Constitution, the appropriation
7made by subdivision (a) shall be deemed to be “General Fund
8revenues appropriated for school districts,” as defined in
9subdivision (c) of Section 41202 of the Education Code, for the
102014-15 fiscal year, and included within the “total allocation to
11school districts and community college districts from General
12Fund proceeds of taxes appropriated pursuant to Article XIII B,”
13as defined in subdivision (e) of Section 41202 of the Education
14Code, for the 2014-15 fiscal year.

end insert
15begin insert

begin insertSEC. 58.end insert  

end insert
begin insert

(a) The sum of five hundred million dollars
16($500,000,000) is hereby appropriated from the General Fund to
17the Superintendent of Public Instruction for transfer to Section A
18of the State School Fund for the purposes set forth in subdivisions
19(b) and (c).

end insert
begin insert

20(b) Of the funds appropriated pursuant to this section, four
21hundred ninety million dollars ($490,000,000) shall be apportioned
22to school districts, county offices of education, charter schools,
23and the state special schools in an equal amount per certificated
24staff in the 2014-15 fiscal year.

end insert
begin insert

25(1) A school district, county office of education, charter school,
26or state special school shall expend funds allocated pursuant to
27this subdivision for any of the following purposes:

end insert
begin insert

28(A) Beginning teacher and administrator support and mentoring,
29including, but not limited to, programs that support new teacher
30and administrator ability to teach or lead effectively and to meet
31induction requirements adopted by the Commission on Teacher
32Credentialing and pursuant to Section 44259 of the Education
33Code.

end insert
begin insert

34(B) Professional development, coaching, and support services
35for teachers who have been identified as needing improvement or
36additional support by local educational agencies.

end insert
begin insert

37(C) Professional development for teachers and administrators
38 that is aligned to the state content standards adopted pursuant to
39Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.8,
4060605.11, 60605.85, as that section read on June 30, 2014, and
P153  160811.3, as that section read on June 30, 2013, of the Education
2Code.

end insert
begin insert

3(D) To promote educator quality and effectiveness, including,
4but not limited to, training on mentoring and coaching certificated
5staff and training certificated staff to support effective teaching
6and learning.

end insert
begin insert

7(2) As a condition of receiving funds allocated pursuant to this
8subdivision, a school district, county office of education, charter
9school, or state special school shall do both of the following:

end insert
begin insert

10(A) Develop and adopt a plan delineating how funds allocated
11pursuant to this section shall be spent. The plan shall be explained
12in a public meeting of the governing board of the school district,
13county board of education, or governing body of the charter school,
14before its adoption in a subsequent public meeting.

end insert
begin insert

15(B) On or before July 1, 2018, report detailed expenditure
16information to the State Department of Education, including, but
17not limited to, specific purchases made and the number of teachers,
18administrators, or paraprofessional educators that received
19professional development. The State Department of Education
20shall determine the format for this report.

end insert
begin insert

21(3) A school district, county office of education, charter school,
22or state special school may expend the funds received pursuant to
23this subdivision over the 2015-16 fiscal year, 2016-17 fiscal year,
24and the 2017-18 fiscal year. It is the intent of the Legislature that
25school districts, county offices of education, charter schools, and
26state special schools coordinate the use of any federal funds
27received under Title II of the federal No Child Left Behind Act of
282001 (Public Law 107-110) to support teachers and administrators
29with the provisions of this subdivision.

end insert
begin insert

30(4) The State Department of Education shall summarize the
31information reported pursuant to paragraph (2) and shall submit
32the summary to the appropriate budget subcommittees and policy
33committees of the Legislature and to the Department of Finance
34on or before January 1, 2019.

end insert
begin insert

35(c) Of the funds appropriated pursuant to this section, ten
36million dollars ($10,000,000) shall be provided to the K-12
37High-Speed Network for the purpose of providing professional
38development and technical assistance to local educational agencies
39related to network management.

end insert
begin insert

P154  1(1) Professional development and technical assistance shall
2include training of local educational agency staff, and development
3and distribution of best practices, guidance, and other elements
4of technical support to implement network infrastructure within
5schools and to provide school districts with utilization information
6for optimal decisions.

end insert
begin insert

7(2) The K-12 High-Speed Network may partner with county
8offices of education or other local educational agencies to provide
9statewide access to training and resources.

end insert
begin insert

10(d) Funding apportioned pursuant to this section is subject to
11the annual audits required by Section 41020 of the Education
12Code.

end insert
begin insert

13(e) For purposes of making the computations required by Section
148 of Article XVI of the California Constitution, the funds
15appropriated pursuant to this section shall be deemed to be
16“General Fund revenues appropriated for school districts,” as
17 defined in subdivision (c) of Section 41202 of the Education Code,
18for the 2014-15 fiscal year, and included within the “total
19allocations to school districts and community college districts
20from General Fund proceeds of taxes appropriated pursuant to
21Article XIII B,” as defined in subdivision (e) of Section 41202 of
22the Education Code, for the 2014-15 fiscal year.

end insert
23begin insert

begin insertSEC. 59.end insert  

end insert
begin insert

Commencing with the 2015-16 fiscal year, and for
24every fiscal year thereafter, the Superintendent of Public
25Instruction shall reduce any home-to-school transportation funding
26of the county local control funding formula calculated pursuant
27to Sections 2574 and 2575 of the Education Code allocated to the
28Los Angeles County Superintendent of Schools by two million
29seven hundred eighty-five thousand four hundred forty-eight dollars
30($2,785,448), and shall increase the home-to-school transportation
31funding of the school district local control funding formula
32calculated pursuant to Sections 42238.02 and 42238.03 of the
33 Education Code in the following amounts for the following school
34districts:

end insert
begin insert

35(a) Two hundred ninety-two thousand three hundred ninety-three
36dollars ($292,393) for the Azusa Unified School District.

end insert
begin insert

37(b) Five hundred thirty-two thousand three hundred eighty-eight
38dollars ($532,388) for the Baldwin Park Unified School District.

end insert
begin insert

39(c) One hundred thirty-two thousand six hundred twenty-nine
40dollars ($132,629) for the Bassett Unified School District.

end insert
begin insert

P155  1(d) Two hundred forty-three thousand five hundred four dollars
2($243,504) for the Bonita Unified School District.

end insert
begin insert

3(e) One hundred fifty-two thousand seven hundred forty-six
4dollars ($152,746) for the Charter Oak Unified School District.

end insert
begin insert

5(f) One hundred ninety-four thousand three hundred eighty-three
6dollars ($194,383) for the Claremont Unified School District.

end insert
begin insert

7(g) Three hundred eighty-six thousand eight hundred ninety-four
8dollars ($386,894) for Covina-Valley Unified School District.

end insert
begin insert

9(h) Two hundred forty-four thousand nine hundred eight dollars
10($244,908) for the Glendora Unified School District.

end insert
begin insert

11(i) Two hundred eighty thousand four hundred sixty-three dollars
12($280,463) for the Walnut Valley Unified School District.

end insert
begin insert

13(j) Three hundred twenty-five thousand one hundred forty dollars
14($325,140) for the West Covina Unified School District.

end insert
15begin insert

begin insertSEC. 60.end insert  

end insert
begin insert

The Legislature finds and declares that a special law,
16as set forth in Sections 8 to 13, inclusive, of this act, is necessary
17and that a general law cannot be made applicable within the
18meaning of Section 16 of Article IV of the California Constitution
19because of the unique circumstances concerning the City and
20County of San Francisco.

end insert
21begin insert

begin insertSEC. 61.end insert  

end insert
begin insert

The Legislature finds and declares that a special law,
22as set forth in Section 46 of this act, is necessary and that a general
23law cannot be made applicable within the meaning of Section 16
24of Article IV of the California Constitution because of the unique
25circumstances relating to the fiscal emergency in the Inglewood
26Unified School District.

end insert
27begin insert

begin insertSEC. 62.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.

end insert
32begin insert

begin insertSEC. 63.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
33to the Budget Bill within the meaning of subdivision (e) of Section
3412 of Article IV of the California Constitution, has been identified
35as related to the budget in the Budget Bill, and shall take effect
36immediately.

end insert
begin delete
37

SECTION 1.  

It is the intent of the Legislature to enact statutory
38changes relating to the Budget Act of 2015.

end delete


O

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