BILL NUMBER: AB 3488 CHAPTERED
BILL TEXT
CHAPTER 204
FILED WITH SECRETARY OF STATE JULY 22, 1996
PASSED THE SENATE JULY 8, 1996
PASSED THE ASSEMBLY JULY 8, 1996
AMENDED IN SENATE JULY 8, 1996
AMENDED IN ASSEMBLY MAY 23, 1996
INTRODUCED BY Assembly Member Ducheny, Senator Petris, and Assembly
Member Cunneen
APRIL 10, 1996
An act to amend Sections 2558.45, 8208, 8265, 8450, 35160.5,
41203.1, 42238.145, 42243.7, 42301, 42258.9, and 56728.8 of, to add
Sections 8237 and 8451 to, to add Article 5 (commencing with Section
51450) to Chapter 3 of Part 28 of, and to add Chapter 3.1 (commencing
with Section 58520) to Part 31 of, the Education Code, relating to
education finance, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately. (Approved by
Governor July 20, 1996. Filed with
Secretary of State July 22, 1996.)
On this date I have signed Assembly Bill No. 3488 with the
following deletions.
Section 10 and Section 38. Providing Continuation School
Adjustment Equalization. I am deleting subdivision (f) of Section 10
and I eliminate Section 38. These sections would provide $2,000,000
to equalize the continuation school revenue limit add-on on a per
pupil basis. Because the law does not provide for any change to the
continuation school revenue limit add-on from the original amount,
and each continuation school's pupil population may vary annually,
equalization is an unrealistic objective. This proposal is further
complicated by the fact that for some districts, the continuation
school adjustment was rolled into the district base revenue limit.
Continuation schools provide important services to our pupils, such
as functioning as the first safety net for at-risk pupils. While I
cannot support the proposal in this bill, I would be receptive to
reviewing a comprehensive proposal that addresses issues regarding
continuation school funding formulas.
Section 18. Regarding the Community Colleges Block Grant. I am
deleting subdivision (b) of Section 18. This subdivision would
provide $2,100,000 for the Mt. San Antonio Community College MIS
project. This MIS project could be modified in scope and funded
through the various supporting colleges' portion of one-time block
grant funds or ongoing funds, if it is a high priority at the local
level.
Section 30. Regarding the Alhambra City High School District
Loan. I am deleting this section. This section would provide a loan
of $650,000 to the Alhambra City High School District to compensate
for a loss of pupils due to a district reorganization. The district,
however, is currently meeting its budget reserve requirements and
shows no evidence that its fiscal solvency is jeopardized. Only in
such cases would a loan be appropriate.
Section 41. Related to Adult Basic Education. I am deleting this
section. This section would provide $6,400,000 adult education funds
to provide to immigrants classes in basic skills, citizenship,
English as a second language, and workforce preparation classes such
as reading, writing, speaking, and problem solving. The 1996 Budget
Act appropriates over $477 million for adult education programs, with
$28 million in General Fund (pursuant to the Immigration and
Workforce Preparation Act) and $7.7 million in federal funds,
specifically earmarked for the purposes described above. I believe
those amounts should be sufficient to address the adult education
needs of our immigrant population.
With the above deletions, I hereby approve AB 3488.
PETE WILSON, Governor
LEGISLATIVE COUNSEL'S DIGEST
AB 3488, Ducheny. Education Trailer Bill to Budget Act of 1996.
(1) Under existing law, a deficit factor of 12.59% is applied to
reduce the revenue limits for each county superintendent of schools
for the 1994-95, 1995-96, and 1996-97 fiscal years. Existing law
provides that with respect to the 1995-96 and 1996-97 fiscal years,
if a settlement agreement in California Teachers Association v. Gould
is effective, the revenue limit for each county superintendent of
schools shall be reduced instead by an 11.70% deficit factor.
This bill would instead require a 12.59% deficit factor for the
1994-95 fiscal year, an 11.70% deficit factor for the 1995-96 fiscal
year, and an 11.547% deficit factor for the 1996-97 and 1997-98
fiscal years, as adjusted. It would also eliminate the requirement
that the 11.70% deficit factor for the 1995-96 and 1996-97 fiscal
years only apply if a settlement is reached in California Teachers
Association v. Gould. The bill would also require that, in making
revenue limit computations for any fiscal year, the revenue limit be
computed as if it had not been reduced by a deficit factor in
previous fiscal years.
(2) Existing law defines "cost" for the purpose of the Child Care
and Development Services Act.
This bill would additionally define "reasonable and necessary
costs."
(3) Existing law requires the Superintendent of Public Instruction
to administer all state preschool programs, as specified. An
applicant or contracting agency, as defined, is eligible to contract
to operate a state preschool program.
This bill would specify that a state preschool applicant or
contracting agency has 120 days prior to the 1st day of the beginning
of the new preschool year to certify eligibility and enroll families
into their program.
(4) Existing law requires the Superintendent of Public Instruction
to implement a plan that establishes reasonable standards and
assigned reimbursement rates, as specified, and prohibits
reimbursement from exceeding actual program costs that are reasonable
and necessary and that are within the maximum reimbursable amount.
This bill would delete the prohibition against exceeding actual
program costs that are reasonable and necessary and that are within
the maximum reimbursable amount.
(5) Existing law limits the amount a child development contractor
may retain in a reserve fund.
This bill would authorize the child development contractor to
retain all earned funds, as defined, and use them for reasonable and
necessary costs, as defined.
(6) Existing law authorizes the Superintendent of Public
Instruction to enter into and execute local contractual agreements
with any public or private entity or agency for the delivery of child
care and development services or the furnishing of property,
facilities, personnel, supplies, equipment, and administrative
services related to the delivery of child care and development
services.
This bill would require the State Department of Education to
develop a prototype of a new contracting system, as specified, to be
implemented by no more than 5% of child care and development
contractors and to be conducted over a 2-year period. The bill would
require an independent evaluation of the prototype to be conducted
with an interim evaluation required to be submitted to the
legislative budget committees by January 1, 1999, and a final
evaluation report submitted to those committees by January 1, 2000.
(7) Existing law requires the governing board of each school
district, as a condition for the receipt of school apportionments
from the State School Fund, to adopt rules and regulations
establishing school district policies as they relate to specified
subjects, including evaluations of certificated employees, as
specified.
This bill would delete the requirement that evaluations be made of
certificated employees.
(8) Existing law, as set forth in Section 8 of Article IX of the
California Constitution, requires the state to apply a minimum amount
of funding for each fiscal year for the support of school districts,
as defined, and community college districts (hereafter the state's
minimum funding obligation under Section 8). Existing law directs
that the amount of state funding appropriated in each fiscal year to
comply with the state's minimum funding obligation under Section 8,
be distributed to school districts, as defined, to community college
districts, and to state-operated schools according to a specified
formula.
This bill would specify that this provision does not apply to the
1996-97 fiscal year.
(9) Existing law requires that the revenue limit for each school
district for the 1994-95, 1995-96, and 1996-97 fiscal years be
reduced by an 11.01% deficit factor. The bill would provide that
with respect to the 1995-96 and 1996-97 fiscal years, if a settlement
agreement in California Teachers Association v. Gould is effective,
the revenue limit for each school district be reduced by a 10.12%
deficit factor.
This bill would instead require an 11.01% deficit factor for the
1994-95 fiscal year, a 10.12% deficit factor for the 1995-96 fiscal
year, and a 9.967 deficit factor for the 1996-97 and 1997-98 fiscal
years, as adjusted. It would also eliminate the requirement that the
10.12% deficit factor for the 1995-96 and 1996-97 fiscal years only
apply if a settlement is reached in California Teachers Association
v. Gould. The bill would further require that, in making revenue
limit computations for any fiscal year, the revenue limit be computed
as if it had not been reduced by a deficit factor in previous fiscal
years.
(10) Existing law provides that for any unified school district
that commenced operation on or after June 30, 1978, or any school
district that receives approval from the State Department of
Education for a new continuation education high school, the
Superintendent of Public Instruction shall compute an adjustment to
the district revenue limit, as specified.
This bill would provide that the adjustment for a new continuation
education high school computed pursuant to this provision may be
applicable for any unified school district that was not fully
operational during the first fiscal year of operation of the
continuation education high school, as specified. The bill would
also increase the amount of the revenue limit per unit of average
daily attendance computed by a school district that claimed average
daily attendance for continuation education high schools at the
second principal apportionment for the 1995-96 fiscal year by $100
and if the amount appropriated for this purpose is insufficient to
fully fund this increase, the amount would be adjusted on a pro rata
basis.
This bill would appropriate $2,000,000 from the General Fund for
transfer to Section A of the State School Fund for the purposes of
that increase in the 1996-97 fiscal year to the revenue limit of
school districts claiming average daily attendance for continuation
high schools. The bill would require those appropriations to be
included in the amounts appropriated by the state for the 1996-97
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(11) Existing law requires the State Department of Education to
grant applications for apportionments for the purchase of
transportation equipment according to specified priorities and
requires a school district or county office of education receiving
these grants to pay a percentage of the estimated cost of a new
schoolbus based on a specified calculation.
This bill would instead require a school district or county office
of education to pay 1/2 of the estimated cost of a new schoolbus.
The bill would appropriate $35,000,000 to the State Department of
Education for the purpose of funding grants to school districts and
county offices of education for the purchase of transportation
equipment. The bill would require those appropriations to be
included in the amounts appropriated by the state for the 1995-96
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(12) Existing law requires a school district to establish
procedures for reviewing teacher assignments yearly and to report to
the governing board of the school district on the assignments, as
specified. Existing law requires each chief schoolsite administrator
annually to file with the district superintendent a signed affidavit
stating whether all certificated persons for whom he or she is
responsible are assigned to areas within their credential
authorization. Existing law requires each district superintendent to
submit annually to the county superintendent of schools a signed
affidavit attesting to the legality of all certificated employee
assignments for the current school year. Existing law requires a
county superintendent of schools to annually monitor and review
school district certificated employee assignment practices in a least
1/3 of the school districts within his or her jurisdiction.
This bill would instead require only the county superintendent of
schools to annually review school district certificated employee
assignment practices according to specified priorities.
(13) Existing law requires county superintendents of schools to
compute instructional personnel services units for each school
district and county office of education operating special education
programs and related services for the purposes of making
apportionments for those programs. As part of the computations, the
superintendent must compute a specified amount for each school
district and county office of education that operates an extended
year program. Existing law further requires that for the 1995-96
fiscal year, no amount may be allocated for instructional personnel
services units for services to children with exceptional needs who
are younger than 3 years of age if those units are generated by an
extended year program.
This bill would also require that for the 1996-97 fiscal year, no
amount may be allocated for instructional personnel services units
for services to children with exceptional needs who are younger than
3 years of age if those units are generated by an extended year
program.
(14) Existing law sets forth various requirements for the issuance
of diplomas, certificates, or other documents conferred upon a pupil
as evidence of completion of a prescribed course of study,
including, among other courses of study, graduation from high school.
Existing law establishes the Golden State Examination Program for
the purpose of administering the Golden State Examination to pupils
enrolled in public high schools.
This bill would establish an honors diploma for high school
graduates to be called the "Golden State Seal Merit Diploma" to
recognize pupils who have mastered the high school curriculum, as
specified. The Golden State Seal Merit Diploma would be awarded
jointly by the State Board of Education and the Superintendent of
Public Instruction. This bill would require the State Board of
Education, on recommendation of the Superintendent of Public
Instruction, to determine and adopt the means and performance
standards by which pupils may demonstrate mastery of the curriculum.
The bill would provide that for subject matter areas included in the
Golden State Examination, that examination shall serve as the means
for demonstrating mastery of the curriculum. Each school district
that awards high school diplomas would be required to maintain
records in order to identify pupils who have earned a Golden State
Seal Merit Diploma and to affix an appropriate insignia to the
diploma and transcript of each pupil that earns a Golden State Seal
Merit Diploma. By imposing additional responsibilities on school
districts, this bill would create a state-mandated local program.
This bill would appropriate $1,000,000 from the General Fund to
the Superintendent of Public Instruction for the purposes of the
Golden State Seal Merit Diploma. The bill would require that
appropriation to be included in the amounts appropriated by the state
for the 1995-96 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year.
(15) Existing law authorizes the governing board of a school
district to establish and maintain one or more alternative schools
within the district and defines an alternative school as one that is
operated in a manner designed, among other things, to maximize the
opportunity for pupils to develop specified positive values and for
teachers, parents, and pupils to develop the learning process and its
subject manner and to continuously react to the changing world.
Existing law authorizes the establishment of charter schools that
operate independently from the existing school district structure as
a method to accomplish, among other things, the encouragement of
different and innovative teaching methods and the creation of new
professional opportunities for teachers.
This bill would authorize a school district to apply for funds to
establish a single gender academy as a magnet school or as an
alternative education magnet school. The Superintendent of Public
Instruction would award grants on a competitive basis and would
consider whether the proposed academy meets specified requirements.
The bill would appropriate $5,000,000 from the General Fund to the
State Department of Education without regard to fiscal year for the
establishment and implementation of single gender academies. The
bill would require that appropriation to be included in the amounts
appropriated by the state for the 1995-96 fiscal year for the purpose
of meeting the state's minimum funding obligation under Section 8
for that fiscal year.
(16) Existing law requires the Controller to transfer each fiscal
year an amount determined according to specified formulas from the
General Fund to Section A of the State School Fund for the purpose of
providing the state funding portion of revenue limits to county
superintendents of schools and school districts.
This bill, notwithstanding these formulas, would require the
Superintendent of Public Instruction, for the 1997-98 fiscal year,
and each fiscal year thereafter, to certify to the Controller the
amounts that do not exceed the amounts necessary to fund the revenue
limits of school districts and county superintendents of schools, as
specified.
(17) Existing law, the Budget Act 1995, appropriates $886,651,000
for the purposes of apportionments to community college districts.
This bill would appropriate $48,000 from the General Fund in
augmentation of that appropriation for apportionments to community
college districts. The bill would require that appropriation to be
included in the amount appropriated by the state for the 1995-96
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(18) Existing law sets forth a method for determining annual
apportionments to community college districts.
This bill would appropriate $76,932,000 from the General Fund for
transfer by the Controller to Section B of the State School Fund for
the purpose of providing one-time block grants to community college
districts. The Chancellor of the California Community Colleges would
be required to allocate the block grants to community college
districts in an amount per actual statewide full-time equivalent
student enrollment reported for the 1995-96 fiscal year in a manner
that ensures that the allocation to each community college district
is not less than $100,000. Community college districts would be
required to expend the allocation for specified instructional
supplies, materials, and supplies. Of that sum, $2,100,000 would be
allocated to the Mt. San Antonio Community College District for
information systems, as specified, and $596,719 to the Los Angeles
Community College District for the East Los Angeles College's
Automotive Technology Training Facility. The bill would require that
$55,615,000 of that appropriation to be included in the amount
appropriated by the state for the 1995-96 fiscal year for the purpose
of meeting the state's minimum funding obligation under Section 8,
$19,659,000 of that appropriation to be included in that amount for
the 1994-95 fiscal year, and $1,658,000 to be included in that amount
for the 1991-92 fiscal year.
(19) Existing law establishes a program to provide community
college districts with state funding for deferred maintenance
projects on school facilities and sets forth various requirements a
community college district must meet to receive those funds,
including among others, that the community college district pay for
50% of the deferred maintenance project.
The bill appropriates $60,000,000 from the General Fund to the
Chancellor of the California Community Colleges for the purposes of
allocating funds to community college districts for one-time deferred
maintenance projects for the 1996-97 fiscal year. The bill would
require that to be eligible to receive such an allocation, the
community college district must comply with existing law requirements
pertaining to allocations for school facilities and, in addition,
pay for a computed percentage of the cost of the deferred maintenance
project. The bill would authorize the Chancellor of the Community
College Districts to utilize up to $14,000,000 of that appropriation
to backfill a property tax deficiency for community college districts
for the 1995-96 fiscal year provided specified conditions are met.
The bill would require that appropriation to be included in the
amount appropriated by the state for the 1995-96 fiscal year for the
purpose of meeting the state's minimum funding obligation under
Section 8 for that fiscal year.
This bill would appropriate $20,000,000 from the General Fund to
the Chancellor of the California Community Colleges for the 1996-97
fiscal year for the purpose of allocating funds to community college
districts to fund architectural barrier removal projects for the
1996-97 fiscal year. Those amounts would be distributed by the
Chancellor of the California Community Colleges to community college
districts on a project-by-project basis on priority of need for the
project. Community college districts would be required to contribute
an equal matching amount to the project, unless waived as specified.
The Chancellor of the California Community Colleges would be
required to develop architectural barrier removal criteria prior to
the release of funds and would be required to submit recommendations
or architectural barrier removal criteria to specified entities and
persons. The bill would require that appropriation to be included in
the amounts appropriated by the state for the 1995-96 fiscal year
for the purpose of meeting the state's minimum funding obligation
under Section 8 for that fiscal year.
(20) Existing law establishes the California Early Intervention
Services Act for the purpose of providing a statewide system of
coordinated, comprehensive, family centered, multidisciplinary,
interagency programs, responsible for providing appropriate early
intervention services and support to infants and toddlers with
exceptional needs and their families. Existing law also establishes
a system to provide special education and related services to infants
and toddlers, preschool age children, and pupils enrolled in
kindergarten, and grades 1 to 12, inclusive. Generally, school
districts, county offices of education, and special education local
plan areas receive state funding for special education and related
services on the basis of instructional personnel services units, as
described in (13).
This bill would reappropriate funds from the amount appropriated
to fund instructional personnel services units in the Budget Act of
1996 if that amount exceeds the amount necessary to fund the total
statewide number of instructional personnel services units for the
1996-97 fiscal year and the reimbursement amount received by the
State Department of Education from the Department of Developmental
Services for the purposes of operating programs under the California
Early Intervention Services Act are insufficient. The amount
reappropriated to the State Department of Education for the
California Early Intervention Services Act would be the lesser of the
amount necessary to fully fund the costs of the department in
operating programs under that act, as specified, or the amount by
which that appropriation to fund instructional personnel services
unit exceeds the amount necessary to fund the total statewide number
of instructional personnel services units computed for the 1996-97
fiscal year.
(21) Existing law appropriates $31,262,000 from the General Fund
for partial payment of the Settlement Agreement and Stipulation dated
March 31, 1995, in Long Beach Unified School District v. State of
California.
This bill would clarify that the appropriation is to be included
in the amount appropriated by the state for the 1995-96 fiscal year
for the purpose of computing and meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(22) Existing law requires evaluations of teachers as described in
(7) herein and establishes the Teachers' Retirement Fund.
This bill would appropriate $6,065,000 from the General Fund to
the Controller for reimbursement of claims filed by school districts
for the 1994-95 fiscal year for required teacher evaluations. The
bill would also appropriate $1,533,000 from the General Fund to the
Controller for transfer to the Teachers' Retirement Fund for
reimbursement of costs incurred for the 1994-95 fiscal year. The
bill would require those appropriations to be included in the amounts
appropriated by the state for the 1994-95 fiscal year for the
purpose of meeting the state's minimum funding obligation under
Section 8 for that fiscal year.
This bill would appropriate from the General Fund to the
Controller for reimbursement of claims filed by school districts for
the 1994-95 and 1995-96 fiscal years, $3,616,000 and $10,500,000,
respectively, for required teacher evaluations. The bill would
require those appropriations to be included in the amounts
appropriated by the state for the 1995-96 fiscal year for the purpose
of meeting the state's minimum funding obligation under Section 8
for that fiscal year.
(23) Existing law appropriates $279,327,000 from the General Fund
for transfer to Section A of the State School Fund for allocation to
school districts and county offices of education, as specified, to be
used for instructional materials, deferred maintenance, education
technology, or any other nonrecurring costs. Existing law required
prior to the use of these funds, that the governing board of the
school district or county board of education hold a public hearing at
which time the board is required to report on the needs of, and
resources for, instructional materials, deferred maintenance,
education technology, or any other nonrecurring costs.
This bill would appropriate $200,000,000 from the General Fund to
Section A of the State School Fund for allocation to school districts
and county offices of education, as specified, to be used for
instructional materials, deferred maintenance, education technology,
or any other nonrecurring costs. The bill also would require the
governing board of the school district or the county board of
education to hold a public hearing to report on the needs of, and
resources for, instructional materials, deferred maintenance,
education technology and any other nonrecurring costs in the district
or county office of education. The bill would require that
appropriation to be included in the amounts appropriated by the state
for the 1995-96 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year.
(24) Under existing law, a school district may receive
apportionments for the purpose of deferred maintenance on school
facilities from the State School Deferred Maintenance Fund if it
meets certain requirements, including among other requirements, that
the school district provide a matching amount. The State Allocation
Board is authorized to approve applications for those funds.
This bill would also appropriate $50,000,000 from the General Fund
to the State School Deferred Maintenance Fund to be allocated by the
State Allocation Board to fund applications received by the Office
of Public Construction for the purposes of payments for deferred
maintenance projects for school districts maintaining kindergarten or
any of grades 1 to 12, inclusive. With respect to those amounts the
State Allocation Board would be required to give first priority for
apportionment of those amounts to school districts requesting funds
for projects that meet the criteria for critical hardship as of June
30, 1996. If funds remain after those hardships have been funded,
the State Allocation Board would be required to allocate those funds
to school districts pursuant to existing law and any criteria
established by the board.
(25) Under existing law, a school district may be reimbursed by
the amount necessary to pay costs mandated by the courts for
desegregation programs.
This bill would appropriate $7,200,000 from the General Fund for
transfer by executive order of the Director of Finance to the
Controller for reimbursement of approved claims received from
specified school districts and county offices of education for costs
of court-ordered desegregation programs.
(26) Existing law establishes a mechanism for providing emergency
loans to a school district that is experiencing a fiscal crisis.
This bill would appropriate $650,000 from the General Fund to
Section A of the State School Fund for apportionment by the
Superintendent of Public Instruction to the Alhambra City High School
District for the purposes of making a loan to the district, except
that the loan would not be disbursed until the school district
notifies the Controller of its acceptance of the terms of the loan,
as specified, within 90 days of the effective date of this bill. The
bill would require that appropriation to be included in the amount
appropriated by the state in the 1995-96 fiscal year for the purpose
of meeting the state's minimum funding obligation under Section 8 for
that fiscal year.
(27) Existing law requires science to be included within the
adopted course of study for elementary and secondary schools.
This bill would appropriate $4,000,000 from the General Fund to
the State Department of Education for the purpose of establishing the
Discovery Science Center in Orange County.
Those amounts would be used on a one-time basis
for the construction and start-up costs for the Discovery Science
Center in Orange County, as specified. The center would be required
to serve as a resource for public elementary and secondary schools
and to offer programs to Orange County schools, residents, and
visitors. The bill would require that appropriation to be included
in the amount appropriated by the state for the 1995-96 fiscal year
for the purpose of meeting the state's minimum funding obligation
under Section 8 for that fiscal year.
(28) Existing law establishes the California Library Services Act
for the purpose of providing all residents with the opportunity to
obtain from the public libraries needed materials and informational
services by facilitating access to the resources of all libraries in
the state. Existing law also authorizes the formation of library
districts.
This bill would appropriate $1,000,000 from the General Fund to
the State Department of Education for the purpose of allocating funds
to the Soledad Union School District for the construction of a
regional community library in Monterey County. Those amounts would
be used on a one-time basis to provide the remaining balance of funds
necessary for the construction of a joint use library in Monterey
County that will serve the pupils of the Soledad Union School
District and the adults in the community visitors. The bill would
require that appropriation to be included in the amounts appropriated
by the state for the 1995-96 fiscal year for the purpose of meeting
the state's minimum funding obligation under Section 8 for that
fiscal year.
(29) Existing law establishes a program for the provision of
special education services to pupils with exceptional needs.
This bill would appropriate $800,000 from the General Fund to the
State Department of Education for allocation to the Claremont Unified
School District for the purpose of allocating funds to that school
district for costs with respect to special education facilities at
the Sumner Elementary School site. The bill would require that
appropriation to be included in the amounts appropriated by the state
for the 1995-96 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year.
(30) Existing law establishes various categorical programs,
including among others, adult education programs, programs for adults
in correctional facilities, special education programs, and child
care and preschool programs.
This bill would provide that the amounts appropriated for those
programs in specified items of the Budget Act of 1996 are in lieu of
the amounts that would otherwise be required to be appropriated for
those programs.
(31) Existing law authorizes the State Board of Education to
reserve a sum of money to support demonstration and experimental
projects for educational problems associated with general curriculum
development, among other things. Under existing law, one of the
requirements for maintaining the validity of the clear teaching
credential is the completion of an individual program of professional
growth which may include participation in school curriculum
development projects.
This bill would appropriate $375,000 from the General Fund to the
Superintendent of Public Instruction for allocation to the Oakland
Museum of California for activities related to the California Gold
Rush, including curriculum development, teacher training, outreach
development, exhibits, on-line resources, and museum programs. The
bill would require that appropriation to be included in the amounts
appropriated by the state for the 1995-96 fiscal year for the purpose
of meeting the state's minimum funding obligation under Section 8
for that fiscal year.
(32) Existing law authorizes school districts to establish various
programs.
This bill would appropriate $2,760,000 from the General Fund to
the Pomona Unified School District for the purpose of funding the
one-time startup costs for the Educational Village Project at that
school district. The bill would require that appropriation to be
included in the amounts appropriated by the state for the 1995-96
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(33) Existing law provides for grants to be made to school
districts from the California Public School Library Protection Fund.
Existing law requires that 30% of the money in the fund be allocated
to schools that currently do not have a school library and 70% of
the money in the fund be allocated to replace outdated library
materials.
This bill would appropriate $12,000,000 from the General Fund to
the California Public School Library Protection Fund for the
aforementioned purposes. The bill would require that appropriation
to be included in the amounts appropriated by the state for the
1995-96 fiscal year for the purpose of meeting the state's minimum
funding obligation under Section 8 for that fiscal year.
(34) Existing law requires that an adjustment be made to the
revenue limit of a unified school district that commenced operations
on or after June 30, 1978, or any school district that receives
approval from the State Department of Education for a new
continuation education high school for the 1979-80 fiscal year or any
year thereafter.
This bill would appropriate $2,000,000 from the General Fund for
transfer to Section A of the State School Fund for the purposes of
continuation high school equalization for the 1996-97 fiscal year, as
specified. The bill would require that appropriation to be included
in the amounts appropriated by the state in the 1996-97 fiscal year
for the purpose of meeting the state's minimum funding obligation
under Section 8 for that fiscal year.
(35) Existing law provides for the reimbursement of state-mandated
local costs.
This bill would appropriate $50,000,000 from the General Fund as a
contingency expenditure, to be authorized by the Department of
Finance for allocation as appropriate for the reimbursement of
state-mandated cost claims submitted by school districts and county
offices of education. The bill would require that appropriation to
be included in the amount appropriated by the state for the 1995-96
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(36) Under existing law, school districts are authorized to
receive reimbursement for the costs of voluntary and court-ordered
desegregation plans, as specified. Prior to receiving reimbursement,
the governing board of a school district must submit its
desegregation plan to the Superintendent of Public Instruction and
the Controller.
This bill would appropriate $528,000 from the General Fund for
transfer by executive order of the Director of Finance to the
Controller for reimbursement of claims received by the Ocean View
Elementary School District for the costs of its voluntary
desegregation program for the 1992-93, 1993-94, 1994-95, and 1995-96
fiscal years. The bill would require that appropriation to be
included in the amounts appropriated by the state for the 1995-96
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(37) Existing law establishes the Immigrant Workforce Preparation
Act.
This bill would appropriate $6,400,000 from the General Fund to
the Superintendent of Public Instruction to be apportioned to school
districts for the costs of programs and services established pursuant
to the Immigrant Workforce Preparation Act. The bill would require
that appropriation to be included in the amounts appropriated by the
state for the 1995-96 fiscal year for the purpose of meeting the
state's minimum funding obligation under Section 8 for that fiscal
year.
(38) This bill would make a one-time appropriation of $980,000
from the General Fund to the Superintendent of Public Instruction for
allocation to the Museum of Tolerance at the Simon Wiesenthal Center
for the purposes of acquiring hardware and software to upgrade the
Multimedia Learning Center so that it can be formatted for direct
communication into classrooms. The bill would require that
appropriation to be included in the amounts appropriated by the state
for the 1995-96 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year.
(39) Existing law provides for California Indian education centers
that serve as educational resource centers in Indian communities to
the Indian students, parents, and the public schools.
This bill would make a one-time appropriation of $2,000,000 from
the General Fund to the Superintendent of Public Instruction for
allocation to the Golden Gate Institute for Indigenous Cultures and
the California Indian Museum for the purpose of assisting in the
retrofit and renovating of designated buildings at the Presidio in
San Francisco. The bill would require that appropriation to be
included in the amounts appropriated by the state in the 1995-96
fiscal year for the purpose of meeting the state's minimum funding
obligation under Section 8 for that fiscal year.
(40) Existing law prescribes a method of determining state
apportionments to school districts and county offices of education.
This bill would appropriate $387,000,000 from the General Fund to
the Superintendent of Public Instruction for the purposes of
providing funds to each regular public school, as defined. The bill
would require the Superintendent of Public Instruction to allocate
the funds in an equal amount per unit of actual average daily
attendance for each regular public school, provided, however, that no
regular public school shall receive less than $25,000. The bill
would require proposals for the use of the funds to be submitted by
the schoolsite council or schoolwide advisory group or support group
to the governing board of the school district for approval. The bill
would provide that if the schoolsite council, schoolwide advisory
group, or school support group and the governing board of the school
district cannot agree on the use of the funds by May 1, 1997, the
county superintendent of schools shall notify the Superintendent of
Public Instruction and the Superintendent of Public Instruction shall
require that the funds be returned to the state. The bill would
require that the county board of education approve the proposed use
of funds by schools operating under the jurisdiction of county
offices of education. By imposing additional requirements on county
offices of education this bill would create a state-mandated local
program.
This bill would require that $14,593,000 be included in the
amounts appropriated by the state for the 1991-92 fiscal year for the
purpose of meeting the state's minimum funding obligation under
Section 8 for that fiscal year. The bill would require that
$186,584,000 be included in the amounts appropriated by the state for
the 1994-95 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year. The
bill would require that $185,823,000 be included in the amounts
appropriated by the state for the 1995-96 fiscal year for the purpose
of meeting the state's minimum funding obligation under Section 8
for that fiscal year.
(41) Under existing law, the governing board of any school
district may initiate and carry on any program, activity, or may
otherwise act in any manner which is not in conflict with or
inconsistent with any law, including operating magnet schools.
This bill would appropriate $350,000 from the General Fund to the
Superintendent of Public Instruction for allocation to the Los
Angeles Unified School District for the purposes of the Los Angeles
Police Academy Magnet Schools. The bill would require that
appropriation to be included in the amounts appropriated by the state
for the 1995-96 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year.
(42) Existing law provides that the adopted course of study shall
provide instruction in personal and public safety, including health
and the effects of alcohol on the human body.
This bill would appropriate the sum of $20,000 to the
Superintendent of Public Instruction for allocation for the purposes
of the Chino Drug Awareness Program. This bill would require that
appropriation to be included in the amounts appropriated by the state
for the 1995-96 fiscal year for the purpose of meeting the state's
minimum funding obligation under Section 8 for that fiscal year.
(43) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
(44) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2558.45 of the Education Code is amended to
read:
2558.45. For the purposes of this article the revenue limit of
each county superintendent of schools shall be reduced by a deficit
factor, as follows:
(a) (1) The revenue limit for the 1994-95 fiscal year for each
county superintendent of schools determined pursuant to this article
shall be reduced by a 12.59 percent deficit factor.
(2) The revenue limit for the 1995-96 fiscal year determined
pursuant to this article for each county superintendent of schools
shall be reduced by an 11.70 percent deficit factor.
(3) The revenue limit for the 1996-97 and 1997-98 fiscal years
determined pursuant to this article for each county superintendent of
schools shall be reduced by an 11.547 percent deficit factor, as
adjusted pursuant to Section 42238.41.
(b) (1) The revenue limit for each county superintendent of
schools for the 1994-95 fiscal year shall be determined as if the
revenue limit for each county superintendent of schools had been
determined for the 1993-94 fiscal year without being reduced by the
deficit factor required pursuant to Section 2558.4.
(2) When computing the revenue limit for each county
superintendent of schools for the 1995-96 or any subsequent fiscal
year pursuant to this article, the revenue limit shall be determined
as if the revenue limit for each county superintendent of schools had
been determined for the previous fiscal year without being reduced
by the deficit factor specified in this section.
SEC. 2. Section 8208 of the Education Code is amended to read:
8208. As used in this chapter:
(a) "Assigned reimbursement rate" is that rate established by the
contract with the agency and is derived by dividing the total dollar
amount of the contract by the minimum child day of average daily
enrollment level of service required.
(b) "Alternative payments" includes payments that are made by one
child care agency to another agency or child care provider for the
provision of child care and development services, and payments that
are made by an agency to a parent for the parent's purchase of child
care and development services.
(c) "Applicant or contracting agency" means a school district,
community college district, college or university, county
superintendent of schools, county, city, public agency, private
non-tax-exempt agency, private tax-exempt agency, or other entity
that is authorized to establish, maintain, or operate services
pursuant to this chapter. Private agencies and parent cooperatives,
duly licensed by law, shall receive the same consideration as any
other authorized entity with no loss of parental decisionmaking
prerogatives as consistent with the provisions of this chapter.
(d) "Attendance" means the number of children present at a child
care and development facility. "Attendance," for the purposes of
reimbursement, includes excused absences by children because of
illness, quarantine, illness or quarantine of their parent, family
emergency, or to spend time with a parent or other relative as
required by a court of law or that is clearly in the best interest of
the child.
(e) "Capital outlay" means the amount paid for the renovation and
repair of child care and development facilities to comply with state
and local health and safety standards, and the amount paid for the
state purchase of relocatable child care and development facilities
for lease to qualifying contracting agencies.
(f) "Caregiver" means a person who provides direct care,
supervision, and guidance to children in a child care and development
facility.
(g) "Child care and development facility" means any residence or
building or part thereof in which child care and development services
are provided.
(h) "Child care and development programs" means those programs
that offer a full range of services for children from infancy to 14
years of age, for any part of a day, by a public or private agency,
in centers and family child care homes. These programs include, but
are not limited to, all of the following:
(1) Campus child care and development.
(2) General child care and development.
(3) Intergenerational child care and development.
(4) Migrant child care and development.
(5) Schoolage parenting and infant development.
(6) State preschool.
(7) Resource and referral.
(8) Severely handicapped.
(9) Family day care.
(10) Alternative payment.
(11) Child abuse protection and prevention services.
(12) Schoolage community child care.
(i) "Short-term respite child care" means child care service to
assist families whose children have been identified through written
referral from a legal, medical, social service agency, or emergency
shelter as being neglected, abused, exploited, or homeless, or at
risk of being neglected, abused, exploited, or homeless. Child care
is provided for less than 24 hours per day in child care centers,
treatment centers for abusive parents, family child care homes, or in
the child's own home.
(j) "Child care and development services" means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite. These
services include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.
(k) "Children at risk of abuse, neglect, or exploitation" means
children who are so identified in a written referral from a legal,
medical, or social service agency, or emergency shelter.
(l) "Children with exceptional needs" means children who have
been determined to be eligible for special education and related
services by an individualized education program team according to the
special education requirements contained in Part 30 (commencing with
Section 56000), and meeting eligibility criteria described in
Section 56026 and Sections 56333 to 56338, inclusive, and Sections
3030 and 3031 of Title 5 of the California Code of Regulations.
These children have an active individualized education program, and
are receiving appropriate special education and services, unless they
are under three years of age and permissive special education
programs are available. These children may be mentally retarded,
hard of hearing, deaf, speech impaired, visually handicapped,
seriously emotionally disturbed, orthopedically impaired, other
health impaired, deaf-blind, multihandicapped, or children with
specific learning disabilities, who require the special attention of
adults in a child care setting.
(m) "Children with special needs" includes infants and toddlers
under the age of three years; limited-English-speaking-proficient
children; children with exceptional needs; limited-English-proficient
handicapped children; and children at risk of neglect, abuse, or
exploitation.
(n) "Closedown costs" means reimbursements for all approved
activities associated with the closing of operations at the end of
each growing season for migrant child development programs only.
(o) "Cost" includes, but is not limited to, expenditures that are
related to the operation of child development programs. "Cost" may
include a reasonable amount for state and local contributions to
employee benefits, including approved retirement programs, agency
administration, and any other reasonable program operational costs.
"Reasonable and necessary costs" are costs that, in nature and
amount, do not exceed what an ordinary prudent person would incur in
the conduct of a competitive business.
(p) "Elementary school," as contained in Section 425 of Title 20
of the United States Code (the National Defense Education Act of
1958, Public Law 85-864, as amended), includes early childhood
education programs and all child development programs, for the
purpose of the cancellation provisions of loans to students in
institutions of higher learning.
(q) "Severely handicapped children" are children who require
instruction and training in programs serving pupils with the
following profound disabilities: autism, blindness, deafness, severe
orthopedic impairments, serious emotional disturbance, or severe
mental retardation. These children, ages birth to 21 years,
inclusive, may be assessed by public school special education staff,
regional center staff, or another appropriately licensed clinical
professional.
(r) "Health services" includes, but is not limited to, all of the
following:
(1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range
of immunization recorded on the appropriate state immunization form
to the extent provided by the Medi-Cal Act (Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code) and the Child Health and Disability Prevention
Program (Article 3.4 (commencing with Section 320) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code), but only to the
extent that ongoing care cannot be obtained utilizing community
resources.
(3) Health education and training for children, parents, staff,
and providers.
(4) Followup treatment through referral to appropriate health care
agencies or individual health care professionals.
(s) "Higher educational institutions" means the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Community
Colleges, and the governing bodies of any accredited private
nonprofit institution of postsecondary education.
(t) "Intergenerational staff" means persons of various
generations.
(u) "Limited-English-speaking-proficient and
non-English-speaking-proficient children" means children who are
unable to benefit fully from an English-only child care and
development program as a result of either of the following:
(1) Having used a language other than English when they first
began to speak.
(2) Having a language other than English predominantly or
exclusively spoken at home.
(v) "Parent" means any person living with a child who has
responsibility for the care and welfare of the child.
(w) "Program director" means a person who, pursuant to Sections
8244 and 8360.1, is qualified to serve as a program director.
(x) A "proprietary child care agency" means an organization or
facility providing child care, which is operated for profit.
(y) "Resource and referral programs" means programs that provide
information to parents, including referrals and coordination of
community resources for parents and public or private providers of
care. Services frequently include, but are not limited to:
technical assistance for providers, toy-lending libraries,
equipment-lending libraries, toy- and equipment-lending libraries,
staff development programs, health and nutrition education, and
referrals to social services.
(z) "Site supervisor" means a person who, regardless of his or her
title, has operational program responsibility for a child care and
development program at a single site. A site supervisor shall hold a
regular children's center instructional permit, and shall have
completed not less than six units of administration and supervision
of early childhood education or child development, or both. The
Superintendent of Public Instruction may waive the requirements of
this subdivision if the superintendent determines that the existence
of compelling need is appropriately documented.
In respect to state preschool programs, a site supervisor may
qualify under any of the provisions in this subdivision, or may
qualify by holding an administrative credential or an administrative
services credential. A person who meets the qualifications of a site
supervisor under both Section 8244 and subdivision (e) of Section
8360.1 is also qualified under this subdivision.
(aa) "Standard reimbursement rate" means that rate established by
the Superintendent of Public Instruction pursuant to Section 8265.
(bb) "Startup costs" means those expenses an agency incurs in the
process of opening a new or additional facility prior to the full
enrollment of children.
(cc) "State preschool services" means part-day educational
programs for low-income or otherwise disadvantaged
prekindergarten-age children.
(dd) "Support services" means those services which, when combined
with child care and development services, help promote the healthy
physical, mental, social, and emotional growth of children. Support
services include, but are not limited to: protective services,
parent training, provider and staff training, transportation, parent
and child counseling, child development resource and referral
services, and child placement counseling.
(ee) "Teacher" means a person with the appropriate certificate who
provides program supervision and instruction which includes
supervision of a number of aides, volunteers, and groups of children.
(ff) "Workday" means the time that the parent requires temporary
care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to
maintaining or improving the social and economic function of the
family, are beneficial to the community, or are required because of
health problems in the family.
SEC. 3. Section 8237 is added to the Education Code, to read:
8237. A state preschool program applicant or contracting agency
has 120 calendar days prior to the first day of the beginning of the
new preschool year to certify eligibility and enroll families into
their program.
SEC. 4. Section 8265 of the Education Code is amended to read:
8265. (a) The Superintendent of Public Instruction shall
implement a plan that establishes reasonable standards and assigned
reimbursement rates, which vary with the length of the program year
and the hours of service.
Parent fees shall be used to pay reasonable and necessary costs
for providing additional services.
When establishing standards and assigned reimbursement rates, the
Superintendent of Public Instruction shall confer with applicant
agencies.
The reimbursement system, including standards and rates, shall be
submitted to the Joint Legislative Budget Committee.
The Superintendent of Public Instruction may establish any
regulations he or she deems advisable concerning conditions of
service and hours of enrollment for children in the programs.
(b) The standard reimbursement rate shall be three thousand five
hundred twenty-three dollars ($3,523) per unit of average daily
enrollment for a 250-day year, increased by the cost-of-living
adjustment granted by the Legislature beginning July 1, 1980.
(c) The plan shall require agencies having an assigned
reimbursement rate above the current year standard reimbursement rate
to reduce costs on an incremental basis to achieve the standard
reimbursement rate.
(d) The plan shall provide for adjusting reimbursement on a
case-by-case basis, in order to maintain service levels for agencies
currently at a rate less than the standard reimbursement rate.
Assigned reimbursement rates shall be increased only on the basis of
one or more of the following:
(1) Loss of program resources from other sources.
(2) Need of an agency to pay the same child care rates as those
prevailing in the local community.
(3) Increased costs directly attributable to new or different
regulations.
(4) Documented increased costs necessary to maintain the prior
year's level of service and ensure the continuation of threatened
programs.
Child care agencies funded at the lowest rates shall be given
first priority for increases.
(e) The plan shall provide for expansion of child development
programs at no more than the standard reimbursement rate for that
fiscal year.
(f) The Superintendent of Public Instruction may reduce the
percentage of reduction for any public agency:
(1) Which is currently serving more than 400 children; or
(2) Which has in effect a collective bargaining agreement; or
(3) For which other extenuating circumstances apply as determined
by the Superintendent of Public Instruction.
SEC. 5. Section 8450 of the Education Code is amended to read:
8450. (a) All child development contractors are encouraged to
develop and maintain a reserve within the child development fund,
derived from earned but unexpended funds. Child development
contractors may retain all earned funds. For the purpose of this
section, "earned funds" are those for which the required number of
eligible service units have been provided.
(b) Earned funds may not be expended for any activities proscribed
by Section 8406.7. Earned but unspent funds shall remain in the
contractor's reserve account within the child development fund and
shall be expended only by direct service child development programs
that are funded under contract with the department.
(c) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for a resource and referral program,
separate from the balance retained pursuant to subdivision (b), not
to exceed 3 percent of the contract amount. Funds from this reserve
account shall be expended only by resource and referral programs that
are funded under contract with the department.
(d) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund for alternative payment model and certificate
child care contracts, separate from the reserve fund retained
pursuant to subdivisions (b) and (c). Funds from this reserve
account shall be expended only by alternative payment model and
certificate child care programs that are funded under contract with
the department. The reserve amount allowed by this section may not
exceed either of the following whichever is greater:
(1) Two percent of the sum of the parts of each contract to which
that contractor is a party that is allowed for administration
pursuant to Section 8276.7 and that is allowed for supportive
services pursuant to the provisions of the contract.
(2) One thousand dollars ($1,000).
(e) Each contractor's audit shall identify any funds earned by the
contractor for each contract through the provision of contracted
services in excess of funds expended.
(f) Any interest earned on reserve funds shall be included in the
fund balance of the reserve. This reserve fund shall be maintained
in an interest-bearing account.
(g) Moneys in a contractor's reserve fund shall be used only for
expenses that are reasonable and necessary costs as defined in
subdivision (o) of Section 8208.
(h) Any reserve fund balance in excess of the amount authorized
pursuant to subdivisions (c) and (d) shall be returned to the State
Department of Education pursuant to procedures established by the
department and reappropriated as second-year funds consistent with
Section 8278.
(i) Upon termination of all child development contracts between a
contractor and the State Department of Education, all moneys in a
contractor's reserve fund shall be returned to the department
pursuant to procedures established by the department, and
reappropriated as second-year funds consistent with Section 8278.
(j) Expenditures from, additions to, and balances in, the reserve
fund shall be included in the agency's annual financial statements
and audit.
SEC. 6. Section 8451 is added to the Education Code, to read:
8451. (a) Notwithstanding the provisions of this chapter and
implementing regulations, the State Department of Education shall
develop a prototype of a new contracting system pursuant to the
discussion of relevant issues raised in the preliminary report titled
"Revisions to the Current Contracting System for Child Care and
Development Programs" dated February 6, 1996, as required by the
Budget Act of 1995.
(b) The prototype shall be implemented by no more than 5 percent
of child care and development contractors.
(c) The department shall develop a plan for the prototype by
January 1, 1997, and shall commence testing it July 1, 1997, with any
necessary amendments completed by September 1, 1997. The prototype
test shall be conducted over a two-year period and may be extended
only with the concurrence of the Department of Finance and 30 days'
notification to the Joint Legislative Budget Committee. The
department may not implement the prototype without the concurrence of
the Department of Finance and 30 days' notification to the Joint
Legislative Budget Committee. In developing the plan, the department
shall fully consult with the Department of Finance, the Office of
the Legislative Analyst, and representative child care and
development contractors.
(d) Except for separately authorized cost-of-living increases or
expansions, the prototype shall neither increase aggregate state
costs nor lower the total number of children served by the
participating agencies.
(e) An independent evaluation shall be conducted of the prototype.
An interim evaluation shall be submitted to the legislative budget
committees by January 1, 1999, with a final evaluation report
submitted to the legislative budget committees by January 2000.
SEC. 7. Section 35160.5 of the Education Code is amended to read:
35160.5. (a) The governing board of each school district that
maintains one or more schools containing any of grades 7 to 12,
inclusive, shall, as a condition for the receipt of an inflation
adjustment pursuant to Section 42238.1, establish a school district
policy regarding participation in extracurricular and cocurricular
activities by pupils in grades 7 to 12, inclusive. The criteria,
which shall be applied to extracurricular and cocurricular
activities, shall ensure that pupil participation is conditioned upon
satisfactory educational progress in the previous grading period.
Pupils who are eligible for differential standards of proficiency
pursuant to subdivision (d) of Section 51215 are covered by this
section consistent with that subdivision. No person shall classify a
pupil as eligible for differential standards of proficiency pursuant
to subdivision (d) of Section 51215 for the purpose of circumventing
the intent of this subdivision.
(1) For purposes of this subdivision, "extracurricular activity"
means a program that has all of the following characteristics:
(A) The program is supervised or financed by the school district.
(B) Pupils participating in the program represent the school
district.
(C) Pupils exercise some degree of freedom in either the
selection, planning, or control of the program.
(D) The program includes both preparation for performance and
performance before an audience or spectators.
(2) For purposes of this subdivision, an "extracurricular activity"
is not part of the regular school curriculum, is not graded, does
not offer credit, and does not take place during classroom time.
(3) For purposes of this subdivision, a "cocurricular activity" is
defined as a program that may be associated with the curriculum in a
regular classroom.
(4) Any teacher graded or required program or activity for a
course that satisfies the entrance requirements for admission to the
California State University or the University of California, is not
an extracurricular or cocurricular activity as defined by this
section.
(5) For purposes of this subdivision, "satisfactory educational
progress" shall include, but not be limited to, the following:
(A) Maintenance of minimum passing grades, which is defined as at
least a 2.0 grade point average in all enrolled courses on a 4.0
scale.
(B) Maintenance of minimum progress toward meeting the high school
graduation requirements prescribed by the governing board.
(6) For purposes of this subdivision, "previous grading period"
does not include any grading period in which the pupil was not in
attendance for all, or a majority of, the grading period due to
absences excused by the school for reasons such as serious illness or
injury, approved travel, or work. In that event, "previous grading
period" is deemed to mean the grading period immediately prior to the
grading period or periods excluded pursuant to this paragraph.
(7) A program that has, as its primary goal, the improvement of
academic or educational achievements of pupils is not an
extracurricular or cocurricular activity as defined by this section.
(8) The governing board of each school district may adopt, as part
of its policy established pursuant to this subdivision, provisions
that would allow a pupil who does not achieve satisfactory
educational progress, as defined in paragraph (4), in the previous
grading period to remain eligible to participate in extracurricular
and cocurricular activities during a probationary period. The
probationary period shall not exceed one semester in length, but may
be for a shorter period of time, as determined by the governing board
of the school district. A pupil who does not achieve satisfactory
educational progress, as defined in paragraph (4), during the
probationary period shall not be allowed to participate in
extracurricular and cocurricular activities in the subsequent
grading period.
(9) Nothing in this subdivision shall preclude the governing board
of a school district from imposing a more stringent academic
standard than that imposed by this subdivision. If the governing
board of a school district imposes a more stringent academic
standard, the governing board shall establish the criteria for
participation in extracurricular and cocurricular activities at a
meeting open to the public pursuant to Section 35145.
The governing board of each school district shall annually review
the school district policies adopted pursuant to the requirements of
this section.
(b) (1) On or before July 1, 1994, the governing board of each
school district shall, as a condition for the receipt of school
apportionments from the state school fund, adopt rules and
regulations establishing a policy of open enrollment within the
district for residents of the district. This requirement does not
apply to any school district that has only one school or any school
district with schools that do not serve any of the same grade level.
(2) The policy shall include all of the following elements:
(A) It shall provide that the parents or guardian of each
schoolage child who is a resident in the district may select the
schools the child shall attend, irrespective of the particular
locations of his or her
residence within the district, except that school districts shall
retain the authority to maintain appropriate racial and ethnic
balances among their respective schools at the school districts'
discretion or as specified in applicable court-ordered or voluntary
desegregation plans.
(B) It shall include a selection policy for any school that
receives requests for admission in excess of the capacity of the
school that ensures that selection of pupils to enroll in the school
is made through a random, unbiased process that prohibits an
evaluation of whether any pupil should be enrolled based upon his or
her academic or athletic performance. For purposes of this
subdivision, the governing board of the school district shall
determine the capacity of the schools in its district. However,
school districts may employ existing entrance criteria for
specialized schools or programs if the criteria are uniformly applied
to all applicants. This subdivision shall not be construed to
prohibit school districts from using academic performance to
determine eligibility for, or placement in, programs for gifted and
talented pupils established pursuant to Chapter 8 (commencing with
Section 52200) of Part 28.
(C) It shall provide that no pupil who currently resides in the
attendance area of a school shall be displaced by pupils transferring
from outside the attendance area.
(3) Notwithstanding the requirement of subparagraph (B) of
paragraph (2) that the policy include a selection policy for any
school that receives requests for admission in excess of the capacity
of the school that ensures that the selection is made through a
random, unbiased process, the policy may include any of the following
elements:
(A) It may provide that special circumstances exist that might be
harmful or dangerous to a particular pupil in the current attendance
area of the pupil, including, but not limited to, threats of bodily
harm or threats to the emotional stability of the pupil, that serve
as a basis for granting a priority of attendance outside the current
attendance area of the pupil. A finding of harmful or dangerous
special circumstances shall be based upon either of the following:
(i) A written statement from a representative of the appropriate
state or local agency, including, but not limited to, a law
enforcement official or a social worker, or properly licensed or
registered professionals, including, but not limited to,
psychiatrists, psychologists, or marriage, family and child
counselors.
(ii) A court order, including a temporary restraining order and
injunction, issued by a judge.
A finding of harmful or dangerous special circumstances pursuant
to this subparagraph may be used by a school district to approve
transfers within the district to schools that have been deemed by the
school district to be at capacity and otherwise closed to transfers
that are not based on harmful or dangerous special circumstances.
(B) It may provide that any pupil attending a school prior to July
1, 1994, may be considered a current resident of that school for
purposes of this section until the pupil is promoted or graduates
from that school.
(C) It may provide that no pupil who was on a waiting list for a
school or specialized program, on or before July 1, 1994, pursuant to
a then-existing district policy on transfers within the district,
shall be displaced by pupils transferring after July 1, 1994, from
outside the attendance area, as long as the continued maintenance on
a waiting list remains consistent with the former policy.
(D) It may provide that schools receiving requests for admission
shall give priority for attendance to siblings of children already in
attendance in that school.
(E) It may include a process by which the school district informs
parents or guardians that certain schools or grade levels within a
school are currently, or are likely to be, at capacity and,
therefore, those schools or grade levels are unable to accommodate
any new pupils under the open enrollment policy.
(4) It is the intent of the Legislature that, upon the request of
the pupil's parent or guardian and demonstration of financial need,
each school district provide transportation assistance to the pupil
to the extent that the district otherwise provides transportation
assistance to pupils.
SEC. 8. Section 41203.1 of the Education Code is amended to read:
41203.1. (a) For the 1990-91 fiscal year and each fiscal year
thereafter, allocations calculated pursuant to Section 41203 shall be
distributed in accordance with calculations provided in this
section. Notwithstanding Section 41203, and for the purposes of this
section, school districts, community college districts, and direct
elementary and secondary level instructional services provided by the
State of California shall be regarded as separate segments of public
education, and each of these three segments of public education
shall be entitled to receive respective shares of the amount
calculated pursuant to Section 41203 as though the calculation made
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution were to be applied separately to each segment
and the base year for the purposes of this calculation under
paragraph (1) of subdivision (b) of Section 8 of Article XVI of the
California Constitution were based on the 1989-90 fiscal year.
Calculations made pursuant to this subdivision shall be made so that
each segment of public education is entitled to the greater of the
amounts calculated for that segment pursuant to paragraph (1) or (2)
of subdivision (b) of Section 8 of Article XVI of the California
Constitution.
(b) If the single calculation made pursuant to Section 41203
yields a guaranteed amount of funding that is less than the sum of
the amounts calculated pursuant to subdivision (a), then the amount
calculated pursuant to Section 41203 shall be prorated for the three
segments of public education.
(c) Notwithstanding any other provision of law, this section shall
not apply to the 1992-93 fiscal year.
(d) Notwithstanding any other provision of law, this section shall
not apply to the 1993-94 fiscal year.
(e) Notwithstanding any other provision of law, this section shall
not apply to the 1994-95 fiscal year.
(f) Notwithstanding any other provision of law, this section shall
not apply to the 1995-96 fiscal year.
(g) Notwithstanding any other provision of law, this section shall
not apply to the 1996-97 fiscal year.
SEC. 9. Section 42238.145 of the Education Code is amended to
read:
42238.145. For the purposes of this article, the revenue limit
for each school district shall be reduced by a deficit factor, as
follows:
(a) (1) For the 1994-95 fiscal year, the revenue limit for each
school district determined pursuant to this article shall be reduced
by an 11.01 percent deficit factor.
(2) For the 1995-96 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
10.12 percent deficit factor.
(3) For the 1996-97 and 1997-98 fiscal years the revenue limit for
each school district determined pursuant to this article shall be
reduced by a 9.967 percent deficit factor, as adjusted pursuant to
Section 42238.41.
(b) (1) The revenue limit for the 1994-95 fiscal year for each
school district shall be determined as if the revenue limit for each
school district had been determined for the 1993-94 fiscal year
without being reduced by the deficit factor required pursuant to
Section 42238.14.
(2) When computing the revenue limit for each school district for
the 1995-96 or any subsequent fiscal year pursuant to this article,
the revenue limit shall be determined as if the revenue limit for
that school district had been determined for the previous fiscal year
without being reduced by the deficit factor specified in this
section.
SEC. 10. Section 42243.7 of the Education Code is amended to read:
42243.7. (a) For any unified school district which commenced
operations on or after June 30, 1978, or any school district which
receives approval from the State Department of Education for a new
continuation education high school for the 1979-80 fiscal year, or
any fiscal year thereafter, the Superintendent of Public Instruction
shall compute an adjustment to the district revenue limit pursuant to
this section.
(b) Determine the amount of foundation program which the district
would have been entitled to pursuant to subdivision (a) of Section
41711 if the district had operated during the 1977-78 fiscal year
utilizing the number of units of average daily attendance attending
high school in the district in the fiscal year for which the revenue
limit is being computed.
(c) Determine the amount of foundation program which the district
would have been entitled to pursuant to paragraph (1) of subdivision
(b) of Section 41711 if the district had operated during the 1977-78
fiscal year utilizing the same number of units of average daily
attendance used in subdivision (b) of this section.
(d) Subtract the amount determined pursuant to subdivision (c)
from the amount computed pursuant to subdivision (b).
(e) The amount computed pursuant to subdivision (d), if greater
than zero, shall be added to the revenue limit computed pursuant to
subdivision (c) of Section 42237 or pursuant to Section 42238. If
the amount in subdivision (d) is less than zero there is no
adjustment.
(f) For each school district that claimed average daily attendance
for continuation education high schools at the second principal
apportionment for the 1995-96 fiscal year, increase the amount of the
revenue limit per unit of average daily attendance computed by the
school district by one hundred dollars ($100); except that if the
amount appropriated for the purposes of this subdivision for any
fiscal year is insufficient to increase each such unit of average
daily attendance by that amount, then the Superintendent of Public
Instruction shall adjust the amount of the increase on a pro rata
basis.
(g) The Superintendent of Public Instruction shall reduce by the
amount computed pursuant to subdivisions (d) and (f) the revenue
limit computed pursuant to Section 42238 of any district
discontinuing the operation of a continuation education school
approved pursuant to subdivision (a).
(h) Commencing with the 1994-95 fiscal year and each fiscal year
thereafter, the adjustment computed pursuant to this section shall
not be adjusted by the deficit factor applied to the revenue limit of
each school district pursuant to Section 42238.145.
(i) The adjustment computed pursuant to this section for a new
continuation education high school may be applicable for any unified
school district that was not fully operational during the first year
of operation of the continuation education high school. The number
of units of average daily attendance to be used in computing the
adjustment shall be the number of units of average daily attendance
generated by the continuation education high school in the district
for the first year that the district is fully operational in all
grades.
SEC. 11. Section 42301 of the Education Code is amended to read:
42301. (a) Notwithstanding any other provision, the State
Department of Education shall grant applications for apportionments
for purposes of this article, to the extent that funds are available,
according to the following priorities:
(1) First priority for apportionments shall be for the purchase of
new schoolbuses to replace existing schoolbuses owned by an eligible
district or county office that do not conform to federal safety
standards.
(2) Second priority for apportionments shall be for the
reconditioning of existing schoolbuses owned by an eligible district
or county office. For purposes of this paragraph, "reconditioning"
includes, but is not limited to, retrofitting schoolbuses to conform
to the federal Motor Vehicle Safety Standard 222 relating to
schoolbus passenger seating and crash protection requirements.
(3) Any remaining funds shall be apportioned for the purchase of
new schoolbuses by eligible districts or county offices which have
proposed to increase the number of schoolbuses owned by the district
or county office of education.
(4) In awarding grants, in accordance with the priorities
established by paragraphs (1), (2), and (3), the State Department of
Education shall give priority to eligible school districts with the
smallest average daily attendance, as determined by the department.
(b) The governing board of any school district or county office of
education shall be eligible to receive apportionments under this
article for the replacement of schoolbuses.
(c) Any school district or county office of education receiving
funds under this section shall be required to pay one-half of the
estimated cost of a new schoolbus.
Each school district or county office shall also be required to
contribute 50 percent of any proceeds from the sale of any schoolbus
to be replaced with a new schoolbus purchased under this article.
(d) Insofar as possible, any purchases of new schoolbuses with
funds apportioned pursuant to this article shall be made by the
Department of General Services. Title to any schoolbus purchased by
the Department of General Services pursuant to this section shall be
in the name of the school district or county office of education for
which the schoolbus was purchased.
(e) The State Department of Education shall develop priority
categories for funding under this section which are based solely on
vehicle age and mileage. Seventy-five percent of the funds available
in any fiscal year for the purposes of this section shall be
distributed to school districts and county offices of education based
upon priority categories that utilize only vehicle age, mileage, and
type of vehicle. Twenty-five percent of the funds available in any
fiscal year for purposes of this section shall be allocated based
upon the condition of the vehicles to be replaced. School districts
and county offices shall submit as evidence of the condition of the
vehicle to be replaced, the most recent California Highway Patrol
inspection report, a repair estimate made by an independent repair
shop, and any other information requested by the department.
(f) The State Department of Education shall estimate the cost of a
replacement vehicle of the same capacity as the vehicle being
replaced. A school district's or county office's entitlement shall
equal the department's estimated cost, less any contributions
determined pursuant to this section. A district or county office may
use additional district or county office funds to purchase a
schoolbus which is more expensive than the model used by the
department to estimate the cost.
(g) Funds allocated pursuant to this section shall not be used to
purchase a vehicle which does not meet the schoolbus passenger
seating and crash protection requirements of the federal Motor
Vehicle Safety Standard 222.
SEC. 12. Section 44258.9 of the Education Code is amended to read:
44258.9. (a) The Legislature finds that continued monitoring of
teacher assignments by county superintendents of schools will ensure
that the rate of teacher misassignment remains low. To the extent
possible and with funds provided for that purpose, each county
superintendent of schools shall perform the duties specified in
subdivisions (b) and (c).
(b) (1) Each county superintendent of schools shall annually
monitor and review school district certificated employee assignment
practices according to the following priority:
(A) Schools and school districts that are likely to have problems
with teacher misassignment based on past experience or other
available information.
(B) All other schools on a four-year cycle.
(2) The Commission on Teacher Credentialing shall be responsible
for the monitoring and review of those counties or cities and
counties in which there is a single school district, including the
Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra,
and the City and County of San Francisco. All information related to
the misassignment of certificated personnel shall be submitted to
each affected district within 45 calendar days of the monitoring
activity.
(e) County superintendents of schools shall submit an annual
report to the Commission on Teacher Credentialing summarizing the
results of all assignment monitoring and reviews. These reports
shall include, but need not be limited to, the following:
(1) The numbers of teachers assigned and types of assignments made
by local district governing boards under the authority of Sections
44256, 44258.2, and 44263 of the Education Code.
(2) Information on actions taken by local committees on
assignment, including the number of assignments authorized, subject
areas into which committee-authorized teachers are assigned, and
evidence of any departures from the implementation plans presented to
the county superintendent by school districts.
(3) Information on each school district reviewed regarding
misassignments of certificated personnel, including efforts to
eliminate these misassignments.
(4) After consultation with representatives of county
superintendents of schools, other information as may be determined to
be needed by the Commission on Teacher Credentialing.
(f) Commencing in 1990, the Commission on Teacher Credentialing
shall submit biennial reports to the Legislature concerning teacher
assignments and misassignments which shall be based, in part, on the
annual reports of the county superintendents of schools.
(g) (1) The Commission on Teacher Credentialing shall establish
reasonable sanctions for the misassignment of credential holders.
Prior to the implementation of regulations establishing sanctions,
the Commission on Teacher Credentialing shall engage in a variety of
activities designed to inform school administrators, teachers, and
personnel within the offices of county superintendents of schools of
the regulations and statutes affecting the assignment of certificated
personnel. These activities shall include the preparation of
instructive brochures and the holding of regional workshops.
(2) Commencing July 1, 1989, any certificated person who has been
required by an administrative superior to accept an assignment for
which he or she has no legal authorization shall, after exhausting
any existing local remedies, notify the county superintendent of
schools in writing of the illegal assignment. The county
superintendent of schools shall, within 15 working days, advise the
affected certificated person concerning the legality of his or her
assignment. There shall be no adverse action taken against a
certificated person who files a notification of misassignment with
the county superintendent of schools. During the period of the
misassignment, the certificated person who has filed a written
notification with the county superintendent of schools shall be
exempt from the provisions of Section 45034. If it is determined
that a misassignment has taken place, any performance evaluation of
the employee under Sections 44660 to 44664, inclusive, in any
misassigned subject shall be nullified.
(3) Commencing July 1, 1989, the county superintendent of schools
shall notify, through the office of the district superintendent, any
certificated school administrator responsible for the assignment of a
certificated person to a position for which he or she has no legal
authorization of the misassignment and shall advise him or her to
correct the assignment within 30 calendar days. The county
superintendent of schools shall notify the Commission on Teacher
Credentialing of the misassignment if the certificated school
administrator has not corrected the misassignment within 30 days of
the initial notification, or if the certificated school administrator
has not described, in writing, within the 30-day period, to the
county superintendent of schools the extraordinary circumstances
which make this correction impossible.
(4) Commencing July 1, 1989, the county superintendent of schools
shall notify any superintendent of a school district in which 5
percent or more of all certificated teachers in the secondary schools
are found to be misassigned of the misassignments and shall advise
him or her to correct the misassignments within 120 calendar days.
The county superintendent of schools shall notify the Commission on
Teacher Credentialing of the misassignments if the school district
superintendent has not corrected the misassignments within 120 days
of the initial notification, or if the school district superintendent
of schools has not described, in writing, within the 120-day period,
to the county superintendent of schools the extraordinary
circumstances which make this correction impossible.
(h) Commencing July 1, 1989, each applicant for a professional
administrative service credential shall be required to demonstrate
knowledge of existing credentialing laws, including knowledge of
assignment authorizations.
SEC. 13. Article 5 (commencing with Section 51450) is added to
Chapter 3 of Part 28 of the Education Code, to read:
Article 5. Golden State Seal Merit Diploma
51450. The Golden State Seal Merit Diploma is hereby established
as an honors diploma to recognize high school graduates who have
mastered the high school curriculum. The Golden State Seal Merit
Diploma shall be awarded jointly by the State Board of Education and
the Superintendent of Public Instruction to each qualifying high
school student.
51451. A student who meets the following requirements shall
qualify for a Golden State Seal Merit Diploma:
(a) The completion of all requirements for a high school diploma.
(b) A demonstration of the mastery of the curriculum in at least
six subject matter areas, four of which shall be mathematics, English
language arts, science, and United States history, with the
remaining two subject matter areas selected by the student.
51452. The State Board of Education shall determine and adopt,
based upon the recommendations of the Superintendent of Public
Instruction, the following:
(a) The means by which students may demonstrate mastery of the
curriculum. For subject matter areas included in the Golden State
Examination (Article 5 (commencing with Section 60650) of Chapter 5
of Part 33), that examination shall serve as the means by which
students may demonstrate mastery of the curriculum. For other
subject matter areas, the means may include, but shall not be limited
to, any subject matter examinations deemed appropriately rigorous by
the board. For this purpose, the board may designate examinations
administered by or under the auspices of the State Department of
Education, or examinations produced by private providers or local
educational agencies, that are supervised and administered under
conditions that are deemed adequate by the board.
(b) Student performance standards or achievement levels that
demonstrate mastery of the curriculum.
51453. Under the policy direction of the State Board of Education
and the administrative leadership of the Superintendent of Public
Instruction, the State Department of Education shall do the
following:
(a) Ensure that the results of the Golden State Examination are
sent to school districts in a timely manner and work with providers
of other examinations to provide timely information to school
districts on students who have met the performance standards so that
school districts can efficiently maintain student records and
identify pupils who meet the requirements of the Golden State Seal
Merit Diploma.
(b) Prepare and distribute to school districts an appropriate
insignia to be affixed to a student's diploma and transcript
indicating that the student has been awarded a Golden State Seal
Merit Diploma by the State Board of Education and the Superintendent
of Public Instruction.
(c) Consider whether it would be appropriate and feasible to
provide any additional awards to recipients of the Golden State Seal
Merit Diploma.
51454. Each school district that confers high school diplomas
shall maintain appropriate records in order to identify students who
have earned a Golden State Seal Merit Diploma, and shall affix the
appropriate insignia to the diploma and transcript of each student
that earns a Golden State Seal Merit Diploma.
51455. (a) It is the intent of the Legislature that no fee or
other cost be charged to any pupil pursuant to this article.
However, notwithstanding any other provision of law, a school
district receiving funds pursuant to Chapter 1 (commencing with
Section 54000) of Part 29 may expend any portion of those funds to
pay for all or part of the costs of one or more examinations pursuant
to this article that are charged to economically disadvantaged
pupils.
(b) An economically disadvantaged pupil means a pupil from a
family that receives Aid to Families with Dependent Children.
SEC. 14. Section 56728.8 of the Education Code is amended to read:
56728.8. (a) Notwithstanding subdivision (d) of Section 56760,
for the 1985-86 fiscal year and each fiscal year thereafter, a
special education local plan area shall be eligible for state funding
of those instructional personnel service units operated and fundable
for services to individuals with exceptional needs younger than
three years of age at the second principal apportionment of the prior
fiscal year, as long as the pupil count of these pupils divided by
the number of instructional personnel service units is not less than
the following:
(1) For special classes and centers--12, based on the unduplicated
pupil count.
(2) For resource specialist programs--24, based on the
unduplicated pupil count.
(3) For designated instruction and services--12, based on the
unduplicated pupil count, or 39, based on the duplicated pupil count.
(b) Notwithstanding subdivision (d) of Section 56760, in the
1985-86 fiscal year and each fiscal year thereafter, a special
education local plan area shall be eligible for state funding of
instructional personnel service units for services to individuals
with exceptional needs younger than three years of age in excess of
the number of instructional personnel service units operated and
fundable at the second principal apportionment of the prior fiscal
year only with the authorization of the Superintendent of Public
Instruction.
(c) The Superintendent of Public Instruction shall base the
authorization of funding for special education local plan areas
pursuant to this section,
including the reallocation of instructional personnel service
units, upon criteria that shall include, but not be limited to, the
following:
(1) Changes in the total number of pupils younger than three years
of age enrolled in special education programs.
(2) High- and low-average caseloads per instructional personnel
service unit for each instructional setting.
(d) Notwithstanding subdivision (e) of Section 56760, infant
programs in special classes and centers funded pursuant to this item
shall be supported by two aides, unless otherwise required by the
Superintendent of Public Instruction.
(e) Infant services in resource specialist programs funded
pursuant to this item shall be supported by one aide.
(f) In determining the number of instructional personnel service
units for which a special education local plan area may qualify, a
minimum of six infants shall constitute eligibility for the initial
unit. However, programs operating pursuant to Section 56425 shall be
allowed a minimum of one initial unit for the 1985-86 fiscal year.
When units are allocated pursuant to this subdivision, the
Superintendent of Public Instruction shall allocate only the least
expensive unit appropriate.
(g) Beginning with the 1986-87 fiscal year, those programs
operating pursuant to Section 56425 with fewer than six infants shall
receive a partial unit, as determined by the Superintendent of
Public Instruction.
(h) Notwithstanding Sections 56211 and 56212, a special education
local plan area may apply for, and the superintendent may grant, a
waiver of any of the standards and criteria specified in this section
if compliance would prevent the provision of a free, appropriate
public education or would create undue hardship. In granting the
waivers, the superintendent shall give priority to the following
factors:
(1) Applications from special education local plan areas for
waivers for a period not to exceed three years to specifically
maintain or increase the level of special education services
necessary to address the special education service requirements of
individuals with exceptional needs residing in sparsely populated
districts or attending isolated schools designated in the
application.
(A) Sparsely populated districts are school districts that meet
one of the following conditions:
(i) A school district or combination of contiguous school
districts in which the total enrollment is less than 600 pupils,
kindergarten and grades 1 to 12, inclusive, and in which one or more
of the school facilities is an isolated school.
(ii) A school district or combination of contiguous school
districts in which the total pupil density ratio is less than 15
pupils, kindergarten and grades 1 to 12, inclusive, per square mile
and in which one or more of the school facilities is an isolated
school.
(B) Isolated schools are schools with enrollments of less than 600
pupils, kindergarten and grades 1 to 12, inclusive, that meet one or
more of the following conditions:
(i) The school is located more than 45 minutes average driving
time over commonly used and well-traveled roads from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(ii) The school is separated, by roads that are impassable for
extended periods of time due to inclement weather, from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(iii) The school is of a size and location that, when its
enrollment is combined with the enrollments of the two largest
schools within an average driving time of not more than 30 minutes
over commonly used and well-traveled roads, including schools in
adjacent special education local plan areas, the combined enrollment
is less than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(iv) The school is the one of normal attendance for a severely
disabled individual, as defined in Section 56030.5, or an individual
with a low-incidence disability, as defined in Section 56026.5, who
otherwise would be required to be transported more than 75 minutes,
average one-way driving time over commonly used and well-traveled
roads, to the nearest appropriate program.
(2) The location of licensed children's institutions, foster
family homes, residential medical facilities, or similar facilities
within the boundaries of a local plan if 3 percent or more of the
local plan's unduplicated pupil count resides in those facilities.
(i) By authorizing units pursuant to this section, the
superintendent shall not increase the statewide total number of
instructional personnel service units for purposes of state
apportionments unless an appropriation specifically for growth in the
number of instructional personnel service units is made in the
annual Budget Act or other legislation. The allocation for
implementation in the 1990-91 fiscal year shall not exceed the amount
of five hundred thousand dollars ($500,000) provided by subdivision
(a) of Provision 6 of Item 6110-161-001 of Section 2.00 of the Budget
Act of 1990. If that growth appropriation is made, units authorized
by the superintendent pursuant to this section are subject to the
following restrictions:
(1) The units shall be funded only by that growth appropriation
and no other funds may be apportioned for the units.
(2) All units shall be fully funded pursuant to Chapter 7
(commencing with Section 56700) of Part 30.
(j) The superintendent shall monitor the use of instructional
personnel service units retained or authorized by the granting of
waivers pursuant to subdivision (h) to ensure that the instructional
personnel service units are used in a manner wholly consistent with
the basis for the waiver request.
(k) Notwithstanding Section 56726 or 56731, or paragraph (2) of
subdivision (e) of Section 56737 of the Education Code, or any other
provision of law, the State Department of Education shall allocate
funds for the 1995-96 and 1996-97 fiscal years to those educational
agencies receiving allocations for instructional personnel service
units pursuant to this section based on computing 200-day
entitlements. The 200-day entitlements shall not exceed 111 percent
of the current entitlement for each educational agency.
Notwithstanding any other provision of law, no funds shall be
allocated pursuant to Section 56726 for the 1995-96 and 1996-97
fiscal years for services provided to children with exceptional needs
who are younger than three years of age.
SEC. 15. Chapter 3.1 (commencing with Section 58520) is added to
Part 31 of the Education Code, to read:
CHAPTER 3.1. SINGLE GENDER ACADEMIES PILOT PROGRAM
58520. (a) This chapter shall be known and may be cited as the
Single Gender Academies Pilot Program Act of 1996.
58521. (a) The Legislature hereby finds and declares that a
primary goal of the Single Gender Academies Pilot Program is to
increase the diversity of California's public educational offering by
making single gender academies available to those pupils of each
gender who because of their unique educational needs will benefit
from single gender education.
(b) It is the intent of the Legislature that single gender
academies operated pursuant to this chapter shall be tailored to the
differing needs and learning styles of boys as a group and girls as a
group. It is further the intent of the Legislature that if a
particular program or curriculum is available to one gender, it shall
also be available to those pupils in the other gender who would
benefit from the particular program or curriculum.
(c) It is further the intent of the Legislature that single gender
academies operated pursuant to this chapter offer the following:
(1) Diversity in educational opportunity.
(2) Equal opportunities at both boys' and girls' academies.
(3) Equal funding and facilities at both boys' and girls'
academies.
58522. (a) The Superintendent of Public Instruction shall
administer this chapter.
(b) A school district may submit an application to the
Superintendent of Public Instruction to receive a grant for the
establishment and operation of a single gender academy pursuant to
this chapter. To be eligible to receive a grant pursuant to this
chapter, the single gender academy for which the school district has
applied for a grant shall meet the following requirements:
(1) Enrollment in the single gender academy must be on a voluntary
basis.
(2) Boys and girls enrolled in similar schools must have equal
access to the schools.
(3) In all aspects of the curricula, the educational opportunity
must be equal for boys and girls.
(4) A plan for conducting an evaluation of the results of the
single gender academies.
(c) The Superintendent of Public Instruction shall award grants to
10 applicant school districts for the establishment of one single
gender academy for girls and one single gender academy for boys in
each of those selected school districts. Grant recipients shall be
selected on a competitive basis. In selecting grant recipients, the
superintendent shall consider whether the proposed single gender
academy meets the requirements set forth in subdivision (b). The
superintendent shall select grant recipients that have clearly
demonstrated the expected benefits of single gender education at the
proposed academy and how a single gender academy will meet the unique
educational needs of the pupils and communities they serve. When
choosing between grant applicants that have similar qualifications,
the superintendent shall give preference to applicant school
districts seeking to establish single gender academies for both boys
and girls that will be in close geographical proximity to ensure
equal access to single gender academies for both genders in the
school districts.
58523. (a) The governing board of a school district receiving a
grant pursuant to this chapter shall establish a single gender
academy as a magnet school pursuant to its general power established
under Section 35160 or an an alternative education magnet school
pursuant to Chapter 3 (commencing with Section 58500).
(b) The governing board of a school district receiving a grant
pursuant to this chapter shall provide a detailed report of the
relative success of the single gender academy to the Superintendent
of Public Instruction, Department of Finance, office of the
Legislative Analyst, Joint Legislative Budget Committee, Senate
Committee on Education, and to the Assembly Committee on Education on
or before January 1, 2000.
58524. The Superintendent of Public Instruction shall allocate
two hundred fifty thousand dollars ($250,000) for each single gender
academy established pursuant to this chapter to the school district
establishing the academy.
SEC. 16. Notwithstanding any other provision, for the purposes of
Sections 14002, 14004, and 41301 for the 1997-98 fiscal year, the
Superintendent of Public Instruction shall certify to the Controller
amounts that do not exceed the amounts needed to fund the revenue
limits of school districts, as determined pursuant to Section 42238
of the Education Code and as adjusted by the deficit factor specified
for the fiscal year in Section 42238.145 of the Education Code, and
the revenue limits of county superintendents of schools as determined
pursuant to Section 2558 of the Education Code as adjusted by the
deficit factor specified for the fiscal year in Section 2558.45 of
the Education Code.
SEC. 17. (a) The sum of forty-eight thousand dollars ($48,000) is
hereby appropriated from the General Fund in augmentation of schedule
(a) of Item 6870-101-001 of Section 2.00 of the Budget Act of 1995
(Ch. 303, 1995 Stats.), for the purposes of apportionments to
community college districts for property tax deficiencies.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 18. (a) The sum of seventy-six million nine hundred
thirty-two thousand dollars ($76,932,000) is hereby appropriated from
the General Fund for transfer by the Controller to Section B of the
State School Fund for the purpose of providing one-time block grants
to community college districts for the 1996-97 fiscal year. The
Chancellor of the Community Colleges shall allocate the amounts
appropriated pursuant to this section in an average amount per actual
statewide full-time equivalent student enrollment reported for the
1995-96 fiscal year, except that each community college district
shall be allocated an amount not less than one hundred thousand
dollars ($100,000) and the average amount per unit of full-time
enrollment shall be computed accordingly. Community college
districts shall expend the allocations made pursuant to this section
for the purpose of instructional supplies, instructional equipment,
and library materials, including equipment and materials that
increase the use of modern technology for instructional purposes.
(b) Of the sum appropriated pursuant to subdivision (a), the sum
of two million one hundred thousand dollars ($2,100,000) shall be
allocated to the Mt. San Antonio Community College District for the
acquisition and pilot testing of a fully integrated management
information system. Any procurement of software is to be purchased
through a competitive bid process pursuant to Part 3 (commencing with
Section 20100) of the Public Contracts Code with the Mt. San Antonio
Community College District issuing the contract.
(c) Of the funds allocated pursuant to this section to the Los
Angeles Community College District, five hundred ninety-six thousand
seven hundred and nineteen dollars ($596,719) of that total
apportionment to the Los Angeles Community College District shall be
allocated for the purposes of equipment at the East Los Angeles
College's Automotive Technology Training Facility.
(d) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, fifty-five million
six hundred fifteen thousand dollars ($55,615,000) of the amounts
appropriated pursuant to subdivision (a) shall be deemed to be
"General Fund revenues appropriated to community college districts,"
as defined in subdivision (d) of Section 41202 of the Education Code
for the 1995-96 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article
XIIIB," as defined in subdivision (e) of Section 41202 of the
Education Code for the 1995-96 fiscal year.
(e) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, nineteen
million six hundred fifty-nine thousand dollars ($19,659,000) of the
amounts appropriated by subdivision (a) shall be deemed to be
"General Fund revenues appropriated to community college districts,"
as defined in subdivision (a) of Section 41202 of the Education Code
for the 1994-95 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIIIB"
as defined in subdivision (e) of Section 41202 of the Education
Code, for the 1994-95 fiscal year.
(f) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, one million
six hundred fifty-eight thousand dollars ($1,658,000) of the amounts
appropriated by subdivision (a) shall be deemed to be "General Fund
revenues appropriated to community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code for the
1991-92 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1991-92 fiscal year.
SEC. 19. (a) The sum of sixty million dollars ($60,000,000) is
hereby appropriated from the General Fund to the Chancellor of the
California Community Colleges for the purpose of allocating funds to
community college districts for one-time deferred maintenance
projects for the 1996-97 fiscal year. Allocations shall be made in
accordance with Section 84660 of the Education Code, except that for
a community college district to be eligible for funds appropriated
pursuant to this section and pursuant to schedule (o) of Item
6870-101-001 of Section 2.00 of the Budget Act of 1996, the community
college district shall pay for a portion of the project from other
revenues available to the community college districts. The matching
fund requirement under this section may be waived in whole or in part
as specified in Section 84660 of the Education Code. The amount of
the match shall be determined as follows:
(1) Determine the amount scheduled for deferred maintenance in
Item 6870-101-0001 of Section 2.00 of the Budget Act of 1996.
(2) Add the amount determined in paragraph (1) to the amount
appropriated for deferred maintenance in this section.
(3) Divide the amount determined in paragraph (1) above by the sum
of paragraphs (1) and (2).
(4) Multiply the quotient computed pursuant to paragraph (2) by
100. The result of this calculation is the percentage of the cost of
the deferred maintenance project that each community college
district is required to make toward the cost of a deferred
maintenance project.
(5) Multiply the percentage computed in paragraph (4) by the cost
of the deferred maintenance project for which the community college
district is requesting funds. This is the amount of the match the
community college must contribute to the cost of the deferred
maintenance project.
(b) Of the amount appropriated in subdivision (a), up to fourteen
million dollars ($14,000,000) may be utilized by the Chancellor of
the California Community Colleges to backfill a property tax
deficiency for community college districts for the 1995-96 fiscal
year provided that the following conditions are met:
(1) No property tax backfill will occur until final property tax
figures have been certified by the Chancellor of the California
Community College Districts.
(2) The final dollar amount must be adjusted to reflect repayment
of six million two hundred thirty-two thousand dollars ($6,232,000)
advanced to the Chancellor of the California Community College
Districts pursuant to Chapter 142 of the Statutes of 1994.
(3) The dollar amount of the property tax deficiency must be
certified by the Director of Finance prior to the allocation of
funds.
(c) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 20. (a) The sum of twenty million dollars ($20,000,000) is
hereby appropriated from the General Fund to the Chancellor of the
California Community Colleges for the 1996-97 fiscal year for the
purpose of allocating funds to community college districts to fund
architectural barrier removal projects. The amounts appropriated in
this section shall be distributed by the Chancellor of the California
Community Colleges to community college districts on a
project-by-project basis based on priority of need for the project.
As a condition to receiving funds, community college districts shall
provide an equal matching amount, unless the Board of Governor's of
the California Community Colleges waives this requirement. The
Chancellor of the California Community Colleges shall develop
specific architectural barrier removal criteria and no funds shall be
encumbered under this section until the chancellor has done so. The
Chancellor of the California Community Colleges shall submit their
recommendations on for architectural barrier removal criteria to the
Joint Legislative Budget Committee, the Budget Committee of the
Assembly, the Budget and Fiscal Review Committee of the Senate, the
Legislative Analyst's Office, and the Department of Finance no later
than October 1, 1996. Funds shall be available for allocation of
this appropriation until June 30, 1997.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code for
the 1995-96 fiscal year, and included within the "total allocations
to school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 21. (a) Notwithstanding Chapter 7 (commencing with Section
56700) of Part 30 of the Education Code, funds appropriated pursuant
to schedule (b) of Item 6110-161-001 of the Budget Act of 1996 are
hereby reappropriated to the State Department of Education for the
purpose of Title 14 (commencing with Section 95000) of the Government
Code, as follows:
(1) The reappropriation shall only be made if the amount
appropriated pursuant to schedule (b) of Item 6110-161-001 of Section
2.00 of the Budget Act of 1996 exceeds the amount necessary to fund
the total statewide number of instructional personnel services units
computed pursuant to Section 56728.8 of the Education Code for the
1996-97 fiscal year and the reimbursement amount received by the
State Department of Education from the Department of Developmental
Services pursuant to Title 14 (commencing with Section 95000) of the
Government Code is not sufficient to fully fund the costs of
operating the programs set forth in that title for the 1996-97 fiscal
year.
(2) If the conditions in paragraph (1) are met, the amount of the
reappropriation shall be the lesser of the amounts determined
pursuant to subparagraph (A) or (B), except that if the amounts
determined in those subparagraphs are the same, then that shall be
the amount of the reappropriation:
(A) The amount necessary to fully fund the costs of the State
Department of Education in operating the programs set forth in Title
14 (commencing with Section 95000) of the Government Code, as
determined under paragraphs (1) and (2) of subdivision (b).
(B) The amount by which the appropriation made pursuant to
schedule (b) of Item 6110-161-001 of Section 2.00 of the Budget Act
of 1996 is in excess of the amount necessary to fund the total
statewide number of instructional personnel services units computed
pursuant to Section 56728.2 of the Education Code for the 1996-97
fiscal year.
(b) From the amounts reappropriated pursuant to subdivision (a),
each local education agency that has costs for operating a program
established pursuant to Title 14 (commencing with Section 95000) of
the Government Code that exceed the amount allocated by the State
Department of Education to the local education agency for that
purpose shall be eligible to receive an amount not to exceed the
amount computed as follows:
(1) Subtract the number of children under the age of three years
with solely low-incidence disabilities served by the local education
agency in the 1992-93 fiscal year, as reported on the April 1993
pupils count made pursuant to Section 56728.5 of the Education Code,
from the number of solely low-incidence children under three years of
age that the local education agency is projected to serve in the
1996-97 fiscal year.
(2) Multiply the number computed in paragraph (1) by six thousand
six hundred eighty dollars ($6,680).
(3) If the funds reappropriated pursuant to subdivision (a) are
insufficient to fully fund the allocations computed pursuant to this
subdivision, the amount of the allocations shall be reduced on a pro
rata basis.
SEC. 22. For the purpose of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (d) of Section 42 of Chapter 308 of
the Statutes of 1995, shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1994-95 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1994-95 fiscal
year.
SEC. 23. (a) The sum of six million sixty-five thousand dollars
($6,065,000) is hereby appropriated from the General Fund to the
Controller for reimbursement, in accordance with the provisions of
Section 6 of Article XIIIB of the California Constitution, of claims
filed by school districts for the 1994-95 fiscal year for the teacher
evaluations required by Section 35160.5 of the Education Code, as
that section existed on the date prior to the effective date of this
section.
(b) The sum of one million five hundred thirty-three thousand
dollars ($1,533,000) is hereby appropriated from the General Fund to
the Controller for transfer to the State Teachers' Retirement Fund
for reimbursement of costs incurred in the 1994-95 fiscal year
pursuant to Chapter 1036 of the Statutes of 1979.
(c) For purposes of making computations required by Section 8 of
Article XVI of the California Constitution, the appropriations made
by subdivisions (a) and (b) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in subdivision
(c) of Section 41202 of
the Education Code, for the 1994-95 fiscal year, and included
within the "total allocations to school districts and community
college districts from General Fund proceeds of taxes appropriated
pursuant to Article XIIIB" as defined in subdivision (e) of Section
41202 of the Education Code, for the 1994-95 fiscal year.
SEC. 24. (a) The sum of three million six hundred sixteen thousand
dollars ($3,616,000) is hereby appropriated from the General Fund to
the Controller for reimbursement, in accordance with the provisions
of Section 6 of Article XIIIB of the California Constitution, of
claims filed by school districts for the 1994-95 fiscal year for the
teacher evaluations required by Section 35160.5 of the Education
Code, as that section existed on the date prior to the effective date
of this section.
(b) The sum of ten million five hundred thousand dollars
($10,500,000) is hereby appropriated, from the General Fund to the
Controller for reimbursement, in accordance with the provisions of
Section 6 of Article XIIIB of the California Constitution of claims
filed by school districts for the 1995-96 fiscal year for the teacher
evaluations required by Section 35160.5 of the Education Code, as
that section existed on the date prior to the effective date of this
section.
(c) For purposes of making computations required by Section 8 of
Article XVI of the California Constitution, the appropriations made
by subdivisions (a) and (b) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in subdivision
(c) of Section 41202 of the Education Code for the 1995-96 fiscal
year, and included within the "total allocations to school districts
and community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB" as defined in subdivision (e)
of Section 41202 of the Education Code, for the 1995-96 fiscal year.
SEC. 25. (a) The sum of two hundred million dollars ($200,000,000)
is hereby appropriated from the General Fund for transfer to Section
A of the State School Fund for allocation to school districts and
county offices of education on the basis of an equal amount per unit
of average daily attendance, as defined in subdivision (b) of Section
42235.5 of the Education Code, and including average daily
attendance used to compute funding for small school districts
pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of
Part 24 of the Education Code, reported for the second principal
apportionment for the 1995-96 fiscal year pursuant to Section 41601
of the Education Code. That allocation shall be used solely for
instructional materials, library resources, deferred maintenance,
education technology, or any other nonrecurring costs.
(b) Prior to the use of funds appropriated in subdivision (a), the
governing board of the school district or the county board of
education shall hold a public hearing or hearings at which time the
governing board of the school district or the county board of
education shall report on the needs of, and resources for,
instructional materials, library resources, deferred maintenance,
education technology, and any other nonrecurring costs in the
district or county office of education. The governing board of the
school district or county board of education shall encourage the
participation of parents, teachers, members of the community
interested in the affairs of the school district or county office of
education, and collective bargaining unit leaders. The board shall
provide 10 days notice of the public hearing or hearings. The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places. The governing board of the school
district or county board of education may include the hearing
specified in this section as part of any regularly scheduled meeting.
(c) Prior to the use of funds appropriated in subdivision (a) for
nonrecurring costs related to employee compensation, the governing
board of the school district or the county board of education shall
hold a public hearing or hearings, in addition to, and no less than,
10 days subsequent to the hearing or hearings provided in subdivision
(b), at which time the board shall report on the needs of and
resources for instructional materials, library resources, deferred
maintenance, and education technology. The governing board of the
school district or county board of education shall encourage the
participation of parents, teachers, members of the community
interested in the affairs of the school district or county office of
education, and collective bargaining unit leaders. The governing
board of the school district or county board of education shall
provide 10 days notice of the public hearing or hearings. The notice
shall contain the time, place, and purpose of the hearing. The
governing board of the school district or county board of education
may include the hearing specified in this section as part of any
regularly scheduled meeting.
(d) The appropriation made in subdivision (a) shall be deemed to
be "General Fund revenues appropriated to school districts," as
defined in subdivision (c) of Section 41202, for the 1995-96 fiscal
year, and "total allocations to school districts and community
college districts from General Fund proceeds of taxes appropriated
pursuant to Article XIIIB," as defined in subdivision (e) of Section
41202 of that fiscal year, for purposes of Section 8 of Article XVI
of the California Constitution for the 1995-96 fiscal year.
SEC. 26. (a) The sum of thirty-five million dollars ($35,000,000)
is hereby appropriated from the General Fund to the State Department
of Education for apportionment to school districts and county offices
of education pursuant to Section 42301 of the Education Code for the
1996-97 fiscal year.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 27. (a) The sum of five million dollars ($5,000,000) is
hereby appropriated from the General Fund to the State Department of
Education without regard to fiscal year for the purposes of the
Single Gender Academies Pilot Program established pursuant to Chapter
3.1 (commencing with Section 58520) of Part 31 of the Education
Code.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 28. (a) The sum of fifty million dollars ($50,000,000) is
hereby appropriated from the General Fund to the State School
Deferred Maintenance Fund, without regard to fiscal year, to be
allocated by the State Allocation Board to fund applications received
by the Office of Public School Construction for the purposes of
payments for deferred maintenance projects for school districts
maintaining kindergarten or any of grades 1 to 12, inclusive.
Notwithstanding any other sections of the Education Code and to the
extent that funds are available within this section, the State
Allocation Board shall give first priority for apportionment of these
funds to school districts requesting funding for projects that meet
the criteria for critical hardship pursuant to Section 39619.5 of the
Education Code as of June 30, 1996. If, after funding all projects
that meet the critical hardship criteria, additional funds remain
from this appropriation, the State Allocation Board shall allocate
any remaining funds to school districts pursuant to Section 39619 of
the Education Code and any criteria established by the State
Allocation Board for general deferred maintenance projects.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 29. (a) The sum of seven million two hundred thousand dollars
($7,200,000) is hereby appropriated from the General Fund for
transfer by executive order of the Director of Finance to the
Controller, for reimbursement of approved claims received from the
following school districts and county offices of education for costs
of court ordered desegregation programs operated pursuant to Sections
42243.6, 42243.9, and 42247 of the Education Code for the 1993-94
fiscal year.
The appropriation made by this subdivision shall be allocated
according to the following schedule:
Reimbursement
amount for
the
1993-94 fiscal
year
Bakersfield City School District
court-ordered desegregation .........................$
12,300
Los Angeles Unified School District
court-ordered desegregation ..........................
3,287,700
Menlo Park Elementary School District
court-ordered desegregation ..............................
4,800
Ravenwood City Elementary School District
court-ordered desegregation ..............................
9,000
Redwood City Elementary School District
court-ordered desegregation ..............................
8,800
San Bernardino City Unified School District
court-ordered desegregation ............................
682,900
San Diego Unified School District
court-ordered desegregation ............................
722,500
San Francisco Unified School District
court-ordered desegregation .............................
84,700
San Jose Unified School District
court-ordered desegregation ..........................
1,112,200
San Mateo County Office of Education
court-ordered desegregation ..............................
2,900
Santa Clara County Office of Education
court-ordered desegregation ..............................
1,800
Sequoia Union High School District
court-ordered desegregation ............................
270,500
Stockton Unified School District
court-ordered desegregation ............................
999,900
(b) The appropriations made by subdivision (a) is subject to all
of the following:
(1) Before submittal of a claim to the Controller for payment,
school districts shall subject their past year actual claims to
audit, in accordance with standards utilized by the Controller in
prior years for the audit of past year actual desegregation claims,
to ensure its claim complies with the requirements of Sections 42247,
42247.1, 42248, 42249 and 42249.2 of the Education Code. School
districts may contract with the Controller for the performance of
those audits. All past year actual claims submitted to the
Controller for payment shall be accompanied by any reports issued by
the auditing entity, unless the auditing entity was the Controller.
(2) The Controller shall only reimburse those past year actual
claims that conform to the requirements of paragraph (2).
(3) The Controller shall allocate funds appropriated in this
section in accordance with Section 42247 of the Education Code. The
Controller shall reimburse these claims only from funds appropriated
specifically for that purpose by the Legislature.
(4) The Controller shall allocate funds appropriated in this
section in accordance with the schedule contained herein, unless a
revision of that schedule has been approved by the Department of
Finance.
(5) The Department of Finance may not authorize any revisions to
the schedule in this section sooner than 30 days after notification
in writing of the necessity therefor to the chairperson of the
committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the joint committee, or
his or her designee, may in each instance determine.
(6) Funds appropriated in this item shall not be used to reimburse
claims by school districts for facilities lease costs, school
construction, reconstruction, replacement of facilities, purchase of
existing facilities, purchase of land, or the performance of deferred
maintenance activities on facilities.
(7) Effective July 1, 1991, and notwithstanding any other
provision of law to the contrary, no school district shall be
required to comply with Sections 90 to 101, inclusive, of Title 5 of
the California Code of Regulations. Any costs incurred after that
date in compliance with those regulations shall be deemed incurred
voluntarily and shall not be reimbursable as a state-mandated local
program. Nothing in this provision shall be interpreted to deny
reimbursement of claims for court-ordered or voluntary desegregation
plans or programs.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 30. (a) The sum of six hundred fifty thousand dollars
($650,000) is hereby appropriated from the General Fund to Section A
of the State School Fund for apportionment by the Superintendent of
Public Instruction to the Alhambra City High School District for the
purposes of making a loan to the district for the 1996-97 fiscal
year.
(b) The funds appropriated in subdivision (a) shall not be
disbursed until the Alhambra City High School District has notified
the Controller of its acceptance of the terms of the loan. If the
district does not notify the Controller within 90 days of the
effective date of this section the funds shall revert to the
Proposition 98 Reversion Account within the General Fund.
(c) Interest on the loan made pursuant to subdivision (a) shall
accrue from the date the funds are disbursed to the school district,
at the investment rate of the Pooled Money Investment Account as of
the date the funds are disbursed to the district. The loan shall be
repaid in three equal annual installments, to be repaid each January
1, beginning January 1, 1998. If payment is not made by the school
district within 60 days after the scheduled date, the Controller
shall pay the defaulted loan payment of principal and interest by
withholding that amount from the next available apportionment to the
county treasurer on behalf of the school district pursuant to Section
42238 of the Education Code.
(d) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by this section shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 31. (a) The sum of four million dollars ($4,000,000) is
hereby appropriated from the General Fund to the Superintendent of
Public Instruction for the purpose of establishing the Discovery
Science Center in Orange County for the 1996-97 fiscal year. Funds
appropriated in this section shall be used on a one-time basis for
the construction and start-up costs for the Discovery Science Center
in Orange County. The center shall be an 80,000 square foot,
hands-on, interactive learning facility. The center shall be in a
centrally located site to benefit all of Orange County, and shall
afford access to science to children who live in the less affluent
areas of the county. The center shall serve as a resource for public
elementary and secondary schools, and shall offer programs to Orange
County schools, residents, and visitors.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 32. (a) The sum of one million dollars ($1,000,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction, without regard to fiscal year, for the purpose of
allocating funds to the Soledad Union School District for the
construction of a regional community library in Monterey County.
Funds appropriated in this section shall be used on a one-time basis
to provide the remaining balance of funds necessary for construction
of a joint use library in Monterey County that will serve the pupils
of the Soledad Union School District and adults in the community.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 33. (a) The sum of eight hundred thousand dollars ($800,000)
is hereby appropriated from the General Fund to the Superintendent of
Public Instruction for allocation to the Claremont Unified School
District for the purpose of allocating funds to that school district
for the one-time costs related to special education facilities at the
Sumner Elementary School site for the 1996-97 fiscal year.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 34. The funds appropriated in Items 6110-105-001,
6110-156-0001, 6110-158-0001, 6110-161-0001, 6110-196-0001 and
6110-230-0001, of Section 2.00 of the Budget Act of 1996, are in lieu
of the amounts that would otherwise be required to be appropriated
pursuant to any other provision of law.
SEC. 35. (a) The sum of three hundred and seventy-five thousand
dollars ($375,000) is hereby appropriated from the General Fund to
the Superintendent of Public Instruction for allocation to the
Oakland Museum of California for the 1996-97 fiscal year. Funds
allocated in this section shall be used on a one-time basis for
education activities related to the California Gold Rush. These
activities shall include curriculum development, teacher training,
outreach development, exhibits, on-line resources, and museum
programs.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by this section shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code for the 1995-96, fiscal year and
be included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 36. The sum of two million seven hundred sixty thousand
dollars ($2,760,000) is hereby appropriated from the General Fund to
the Superintendent of Public Instruction, without regard to fiscal
year, for allocation to the Pomona Unified School District for the
purpose of funding the one-time startup costs for the Educational
Village Project at that school district.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by this section shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year and
be included within the "total allocations to school districts and
community college districts from General fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code for the 1995-96 fiscal
year.
SEC. 37. (a) The sum of twelve million dollars ($12,000,000) is
hereby appropriated from the General fund to the California Public
School Library Protection Fund established pursuant to Section 18178
of the Education Code, without regard to fiscal year, for the
purposes set forth in that section.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 38. (a) The sum of two million dollars ($2,000,000) is hereby
appropriated from the General Fund for transfer to Section A of the
State School Fund for the purposes of continuation high school
equalization for the 1996-97 fiscal year pursuant to subdivision (f)
of Section 42243.7 of the Education Code.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by this section shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1996-97 fiscal year and
be included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1996-97 fiscal
year.
SEC. 39. (a) The sum of fifty million dollars ($50,000,000) is
hereby appropriated from the General Fund as a contingency
expenditure, to be authorized by the Department of Finance for
allocation as appropriate for the reimbursement of state-mandated
cost claims submitted by school districts and county offices of
education.
(b) Prior to the use of funds appropriated in subdivision (a), the
Controller shall ensure audits of the claims are complete.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 40. (a) The sum of five hundred twenty-eight thousand dollars
($528,000) is hereby appropriated from the General Fund for transfer
by executive order of the Director of Finance to the Controller, for
reimbursement of approved claims received from the Ocean View
Elementary School District in Huntington Beach for the costs of
operating its voluntary desegregation program pursuant to Sections
42247 and 42249 of the Education Code, for the 1992-93, 1993-94,
1994-95, and 1995-96 fiscal years.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within "total allocations to school
districts and community college districts from General Fund proceeds
of taxes appropriated pursuant to Article XIII B," as defined in
subdivision (e) of Section
41202 of the Education Code, for the 1995-96 fiscal year.
SEC. 41. (a) The sum of six million four hundred thousand dollars
($6,400,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction to be apportioned to school
districts for the costs of programs and services established pursuant
to the Immigrant Workforce Preparation Act contained in Chapter 10.5
(commencing with Section 52651) of Part 28 of the Education Code for
the 1996-97 fiscal year.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included with the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 42. (a) The sum of nine hundred and eighty thousand dollars
($980,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction for allocation to the Museum of
Tolerance at the Simon Wiesenthal Center for the 1996-97 fiscal year.
Funds allocated in this section shall be used on a one-time basis
to acquire the necessary hardware and software to upgrade the
Multimedia Learning Center so that it can be formatted for direct
communication into California's classrooms. This shall include the
capability to transmit, via the Internet, text and images from the
museum to anywhere in the state. It may also include the potential
for on-line conferencing that will access teachers directly and
immediately to the museum's curriculum experts.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by this section shall be deemed to be "General fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
be included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 43. (a) The sum of two million dollars ($2,000,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction for allocation to the Golden Gate Institute for
Indigenous Cultures and to the California Indian Museum for the
1996-97 fiscal year for the one-time purpose of assisting in the
retrofit and renovation of designated buildings at the Presidio in
San Francisco.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by this section shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
be included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 44. (a) The sum of three hundred eighty-seven million dollars
($387,000,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction for the purpose of providing
funds to each regular public school in the state for the 1996-97
fiscal year. The Superintendent of Public Instruction shall allocate
the funds on the basis of an equal amount per unit of actual average
daily attendance for the 1995-96 second principal apportionment for
each regular public school, provided, however, that no regular public
school shall receive less than twenty-five thousand dollars
($25,000).
(b) The use of funds allocated pursuant to subdivision (a) for
schools under the jurisdiction of a school district shall be proposed
by each school's schoolsite council, as defined in Section 52012 of
the Education Code, or if the school does not have a schoolsite
council, by schoolwide advisory groups or school support groups that
conform to the requirements of Section 52012 of the Education Code.
The proposals shall be approved by the governing board of the school
district prior to expenditure of the funds allocated pursuant to
subdivision (a). If the governing board of a school district does
not approve the use proposed pursuant to this subdivision, the
governing board of the school district shall inform the schoolsite
council, schoolwide advisory group, or school support group of the
reasons why the proposal was disapproved. If the schoolsite council,
schoolwide advisory group, or school support group and the governing
board of the school district are not able to agree on the use of the
funds by May 1, 1997, the county superintendent of schools shall
notify the Superintendent of Public Instruction of the impasse. The
Superintendent of Public Instruction shall require that the funds
allocated to the school be returned to the state and the funds shall
revert to the Proposition 98 Reversion Account within the General
Fund.
(c) The use of funds allocated pursuant to subdivision (a) for
schools under the jurisdiction of a county office of education shall
be proposed by each school's schoolwide advisory group or school
support group that conforms to the requirements of Section 52012 of
the Education Code. The proposals shall be approved by the county
board of education prior to expenditure of the funds allocated
pursuant to subdivision (a).
(d) For purposes of this section, the term "regular public school,"
as provided in subdivision (a), shall be defined as any public
school at a distinct and wholly self-contained public schoolsite,
with a separate county-district-school (CDS) code, as maintained by
the Superintendent of Public Instruction as of June 30, 1996, and
which is in operation during the 1996-97 school year. Two or more
schools that share a physical site or staff shall be considered a
single "regular public school" for purposes of qualifying for the
minimum twenty-five thousand dollar ($25,000) grant, which shall be
allocated to the separate schools sharing the site based on each
school's share of qualifying average daily attendance. Funds
allocated pursuant to subdivision (a) shall not be allocated to
parents or pupils.
(e) For the purposes of this section, the term "regular public
school," as provided in subdivision (a), shall include charter
schools that have pupils who are currently enrolled and that have a
current county-district-school (CDS) code, as maintained by the
Superintendent of Public Instruction as of June 30, 1996. The use of
the funds allocated to charter schools pursuant to subdivision (a)
shall further the program specified in the school's charter and shall
not be allocated to parents, pupils, or staff of the charter school.
A charter school shall obtain approval from the governing board of
the school district for the use of the funds allocated pursuant to
subdivision (a) if the terms of its charter require the approval of
the governing board of the school district for similar uses of funds.
(f) Schools that choose to accept funds allocated pursuant to
subdivision (a) agree to implement all of the provision of this
section.
(g) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, of the
appropriation made by subdivision (a), fourteen million five hundred
ninety-three thousand dollars ($14,593,000) shall be deemed to be
"General Fund revenues appropriated to school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
1991-92 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1991-92 fiscal year.
(h) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, of the
appropriation made by subdivision (a), one hundred eighty-six million
five hundred eighty-four thousand dollars ($186,584,000) shall be
deemed to be "General Fund revenues appropriated to school districts,"
as defined in subdivision (c) of Section 41202 of the Education
Code, for the 1994-95 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article
XIIIB," as defined in subdivision (e) of Section 41202 of the
Education Code, for the 1994-95 fiscal year.
(i) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, of the
appropriation made by subdivision (a), one hundred eighty-five
million eight hundred twenty-three thousand dollars ($185,823,000)
shall be deemed to be "General Fund revenues appropriated to school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code, for the 1995-96 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIIIB," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 1995-96 fiscal year.
SEC. 45. (a) The sum three hundred fifty thousand dollars
($350,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction, without regard to fiscal year,
for allocation to the Los Angeles Unified School District for the
purpose of the Los Angeles Police Academy Magnet Schools Program.
The Los Angeles Police Academy Magnet Schools Program at the three
participating schools enables pupils to better understand the duties
and roles of law enforcement in addition to the coursework that is
otherwise required for those pupils.
(b) For purposes of making computations required by Section 8 of
Article XVI of the California Constitution, the appropriations made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB" as defined in subdivision (e)
of Section 41202 of the Education Code, for the 1995-96 fiscal year.
SEC. 46. (a) The sum of twenty thousand dollars ($20,000) is
hereby appropriated to the Superintendent of Public Instruction,
without regard to fiscal year, for allocation to the Chino Unified
School District for the purposes of the Chino Drug Awareness program
provided to pupils enrolled in that school district.
(b) For purposes of making computations required by Section 8 of
Article XVI of the California Constitution, the appropriations made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB" as defined in subdivision (e)
of Section 41202 of the Education Code, for the 1995-96 fiscal year.
SEC. 47. (a) The sum of one million dollars ($1,000,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction, without regard to fiscal year, for the purposes of the
Golden State Seal Merit Diploma contained in Article 5 (commencing
with Section 51450) of Chapter 3 of Part 28 of the Education Code.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 48. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 49. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to implement the Budget Act of 1996 with respect to
public schools and community colleges, it is necessary that this act
take effect immediately.