SB 727 Senate Bill

BILL NUMBER: SB 727	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   AUGUST 25, 1997

INTRODUCED BY   Committee on Budget and Fiscal Review
  Senators Rosenthal, Alpert, and Watson 
    (Coauthor:  Assembly Member Leonard) 

                        FEBRUARY 26, 1997

    An act relating to education finance, and declaring the
urgency thereof, to take effect immediately.   An act to
amend Sections 2550.3 and 46010 of, to amend and renumber Section
46010.5 of, to add Section 42238.7 to, to repeal Section 46015 of,
and to repeal and add Sections 2550.4, 42238.8, and 46010.2 of, the
Education Code, relating to school finance. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 727, as amended,  Committee on Budget and Fiscal Review
  Rosenthal  .   Education  
School finance:  days of attendance  . 
   (1) Existing law requires the Superintendent of Public
Instruction, at the request of a county superintendent of schools or
a school district, and with the approval of the Director of Finance,
to calculate the days of attendance in schools or classes maintained
by the county superintendent of schools or school district in a
specified alternative manner for the 1993-94 or 1994-95 fiscal year,
as specified, or any later fiscal year, and the succeeding fiscal
years, and to verify certain percentages to be calculated.
   This bill would delete the provisions above regarding the
alternative manner for calculating days of attendance and would
instead, effective July 1, 1998, make one-time adjustments to the
revenue limits per unit of average daily attendance, as specified.
   (2) Existing law provides that in a county office of education or
school district that requests to calculate its days of attendance in
the alternative manner specified above, certain absences of a pupil
from school or class are not deemed absences.
   This bill would repeal this provision.
   (3) Existing law requires county superintendents of schools and
governing boards of school districts, to report specified attendance
information for purpose of apportionment.
   This bill would require additional information, as specified.
   (4) This bill would declare that specified sections of this act
shall become operative July 1, 1998.  
   The Budget Act of 1997 includes appropriations for the support of
elementary and secondary education and community colleges.  Existing
law, the California Constitution, establishes a method of calculating
the minimum funding obligation to school districts and community
college districts for each fiscal year.
   This bill would express the intent of the Legislature to make the
necessary statutory changes to implement the Budget Act of 1997
relative to elementary and secondary education, community colleges,
and the state's minimum funding obligation to school districts and
community college districts under Section 8 of Article XVI of the
California Constitution for prior fiscal years.
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:   2/3   majority  .
Appropriation:  no.  Fiscal committee:  yes. State-mandated local
program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  It is the intent of the Legislature in  
  SECTION 1.  Section 2550.3 of the Education Code is amended to
read: 
   2550.3.  Each county superintendent of schools, as a condition of
apportionment, shall report separately to the Superintendent of
Public Instruction, not later than  July 1, 1992, the actual
  September 1, 1997, what portions of  attendance
 and apportionable absences for   in  the
schools  and classes  maintained by the county
superintendent  that was reported  for  each full
school month in the 1990-91   the 1996-97  school
year  pursuant to Section 41601 consisted of absences excused
pursuant to subdivision (b) of Section 46010.2 and to Section 46015,
as those sections read on July 1, 1996  .
   Each report shall be prepared in accordance with instructions and
on forms prescribed by the Superintendent of Public Instruction.

  SEC. 2.  Section 2550.4 of the Education Code is repealed. 

   2550.4.  Any county superintendent of schools may request
permission from the Superintendent of Public Instruction to calculate
the days of attendance in schools and classes maintained by that
county superintendent of schools, for the 1994-95 fiscal year, or any
later fiscal year, and the succeeding fiscal years thereafter, as
provided in Section 46010.2.  The Superintendent of Public
Instruction shall, subject to the approval of the Director of
Finance, approve the request and verify the percentages that are
determined pursuant to subdivision (b) of Section 46010.2 for schools
and classes maintained by the county superintendent that has made
the request.   
  SEC. 3.  Section 2550.4 is added to the Education Code, to read:
 
   2550.4.  (a) Effective July 1, 1998, the Superintendent of Public
Instruction shall make one-time adjustments to the revenue limits per
unit of average daily attendance of each county office of education
for those programs which, prior to July 1, 1998, were authorized in
Section 46010 as it read on July 1, 1996, to include certain absences
in reports of attendance made pursuant to Section 41601.  Those
one-time adjustments shall apply for the 1998-99 fiscal year, and for
each fiscal year thereafter, but not for any year prior to 1998-99,
and shall be accomplished by revision of the prior fiscal year
revenue limits per unit of average daily attendance calculated for
those programs, as follows:
   (1) Determine revised revenue limits per unit of average daily
attendance for the 1996-97 fiscal year for each of the programs.
Each revised revenue limit per unit of average daily attendance shall
equal funding received for the program for the 1996-97 fiscal year
that is directly attributable to the original revenue limit per unit
of average daily attendance, divided by the attendance, excluding
absences excused pursuant to subdivision (b) of Section 46010 as it
read on July 1, 1996, reported pursuant to Section 41601 for that
program in the 1996-97 fiscal year.
   (2) For the 1996-97 and 1997-98 fiscal years, recalculate the
revenue limits per unit of average daily attendance for each program
to reflect the revision in the revenue limits per unit of average
daily attendance determined pursuant to paragraph (1).
   (3) The calculation made pursuant to paragraph (2) shall not be
used for apportionment purposes for either of those years or for
adjustments for those years.
   (b) If any county superintendent of schools demonstrates to the
satisfaction of the Superintendent of Public Instruction that,
because of extraordinary circumstances beyond the control of the
county office of education, the amount of absences excused in one or
more county office programs in fiscal year 1996-97 pursuant to
subdivision (b) of Section 46010 as it read on July 1, 1996, was
significantly lower than it would ordinarily have been in comparison
to the amount of actual attendance in fiscal year 1996-97, the
Superintendent of Public Instruction shall make a compensating
adjustment, consistent with the provisions of Section 2 of the
Education Code, in the calculation set forth in this section. 

  SEC. 4.  Section 42238.7 is added to the Education Code, to read:
   42238.7.  The governing board of each school district, as a
condition of apportionment, shall report to the Superintendent of
Public Instruction, not later than September 1, 1997, the portion of
the attendance in the schools and classes maintained by the district
that was reported for the 1996-97 school year pursuant to Section
41601 that consisted of absences excused pursuant to subdivision (b)
of Section 46010.2 and to Section 46015, as those sections read on
July 1, 1996.
  SEC. 5.  Section 42238.8 of the Education Code is repealed. 

   42238.8.  Any school district may request permission from the
Superintendent of Public Instruction to calculate the days of
attendance in schools and classes maintained by that school district,
for the 1993-94 fiscal year, or any later fiscal year, and the
succeeding fiscal years thereafter, as provided in Section 46010.2.
The Superintendent of Public Instruction shall, subject to the
approval of the Director of Finance, approve the request and verify
the percentages determined pursuant to subdivision (b) of Section
46010.2 for the schools and classes maintained by the school
district.   
  SEC. 6.  Section 42238.8 is added to the Education Code, to read:
   42238.8.  (a) Effective July 1, 1998, the Superintendent of Public
Instruction shall make one-time adjustments to the revenue limits
per unit of average daily attendance of each school district for
those programs which, prior to July 1, 1998, were authorized in
Section 46010 as it read on July 1, 1996, to include certain absences
in reports of attendance made pursuant to Section 41601.  Those
one-time adjustments shall apply for the 1998-99 fiscal year, and for
each fiscal year thereafter, but not for any year prior to 1998-99,
and shall be accomplished by revision of the prior fiscal year
revenue limits per unit of average daily attendance calculated for
those programs, as follows:
   (1) Determine revised revenue limits per unit of average daily
attendance for the 1996-97 fiscal year for each of the programs.
Each revised revenue limit per unit of average daily attendance shall
equal funding received for the program for the 1996-97 fiscal year
that is directly attributable to the original revenue limit per unit
of average daily attendance, divided by the attendance, excluding
absences excused pursuant to subdivision (b) of Section 46010 as it
read on July 1, 1996, reported pursuant to Section 41601 for that
program in the 1996-97 fiscal year.
   (2) For the 1996-97 and 1997-98 fiscal years, recalculate the
revenue limits per unit of average daily attendance for each program
to reflect the revision in the revenue limits per unit of average
daily attendance determined pursuant to paragraph (1).
   (3) The calculation made pursuant to paragraph (2) shall not be
used for apportionment purposes for either of those years or for
adjustments for those years.
   (b) If the governing board of any school district demonstrates to
the satisfaction of the Superintendent of Public Instruction that,
because of extraordinary circumstances beyond the control of the
school district, the amount of absences excused in one or more
district programs in fiscal year 1996-97 pursuant to subdivision (b)
of Section 46010 as it read on July 1, 1996, was significantly lower
than it would ordinarily have been in comparison to the amount of
actual attendance in fiscal year 1996-97, the Superintendent of
Public Instruction shall make a compensating adjustment, consistent
with the provisions of Section 2 of the Education Code, in the
calculation set forth in this section.
  SEC. 7.  Section 46010 of the Education Code is amended to read:

   46010.  (a) The total days of attendance of a pupil upon the
schools and classes maintained by a school district, or schools or
classes maintained by the county superintendent of schools during the
fiscal year shall be the number of days school was actually taught
for not less than the minimum schooldays during the fiscal year less
the sum of his or her absences.
   (b) The absence of a pupil from school or class shall be excused
for the purposes of Section 48260  and shall not, in any
county office of education or school district that has not had a
request pursuant to Section 2550.4 or 42238.8, respectively, to
calculate its days of attendance as provided in Section 46010.2
approved, be deemed an absence in computing the attendance of a pupil
 if that absence was:
   (1) Due to his or her illness.
   (2) Due to quarantine under the direction of a county or city
health officer.
   (3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.
   (4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.
   (5) For the purpose of jury duty in the manner provided for by
law.  
   (6) Due to exclusion from school pursuant to Section 120335 of the
Health and Safety Code, so long as the absence is not more than five
schooldays pursuant to Section 46010.5. 
   "Immediate family," as used in this subdivision, has the same
meaning as that set forth in Section 45194 except that references
therein to "employee" shall be deemed to be references to "pupil."

   This subdivision shall not apply in the case of pupils attending
summer school, adult schools, and classes, or regional occupational
centers and programs other than pupils concurrently enrolled in a
regular high school program and a regional occupational center or
program. 
   (c) For purposes of reporting pupil attendance for any purpose to
an agency of the federal government, the phrase "total days of
attendance of a pupil" shall be defined only as set forth in
subdivision (a).   
  SEC. 8.  Section 46010.2 of the Education Code is repealed. 

   46010.2.  In county offices of education and school districts that
have had a request pursuant to Section 2550.4 or 42238.8,
respectively, to calculate their days of attendance as provided in
this section approved, the following shall apply:
   (a) For the purpose of determining "changes in enrollment"
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution, as required by subdivision (d) of Section
41204, the total days of attendance by pupils in schools and classes
maintained by a county office of education or school district shall,
in the initial fiscal year for which their days of attendance are
calculated as provided in this section, be separately calculated both
as if subdivision (b) of Section 46010 did and did not apply to
them.  The amount resulting from the application of subdivision (b)
of Section 46010 shall be used in comparison with the year prior to
the initial year.  The amount calculated without applying subdivision
(b) of Section 46010 shall be used in comparison with the year
subsequent to that initial fiscal year.
   (b) For purposes other than determining changes in enrollment as
provided in subdivision (a), the total days of attendance by pupils
in schools and classes maintained by a county office of education or
school district shall first be calculated according to subdivision
(a) of Section 46010, and then increased by the same percentage of
apportionable absences authorized pursuant to subdivision (b) of
Section 46010 for that county office of education or school district
in the fiscal year prior to the initial fiscal year for which the
days of attendance are calculated as provided in this section.  This
amount shall not exceed the corresponding statewide average in the
1990-91 fiscal year, for county offices of education or elementary
school districts, high school districts, or unified school districts,
as applicable, of the number of days of attendance by pupils in the
1990-91 school year, calculated as provided in subdivision (a) of
Section 46010.   
  SEC. 9.  Section 46010.2 is added to the Education Code, to read:
   46010.2.  For the purpose of determining "changes in enrollment"
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution, as required by subdivision (d) of Section
41204, the total days of attendance by pupils in schools and classes
maintained by a school district shall, in the 1997-98 fiscal year, be
separately determined both as if subdivision (b) of Section 46010,
as it read in the 1997-98 fiscal year, did and did not apply.  The
days of attendance figure resulting from the application of
subdivision (b) of Section 46010 shall be used in calculating average
daily attendance for comparison with average daily attendance in the
1996-97 fiscal year.  The days of attendance figure determined
without applying subdivision (b) of Section 46010 shall be used in
calculating average daily attendance for comparison with average
daily attendance in the 1998-99 fiscal year.
  SEC. 10.  Section 46010.5 of the Education Code is amended and
renumbered to read:  
   46010.5.  
   48216.    (a)  The county office of education or the
governing board of the school district of attendance shall exclude
any pupil who has not been immunized properly pursuant to Chapter 1
(commencing with Section 120325) of Part 2 of Division 105 of the
Health and Safety Code.   In any county office of education
or school district that has not had a request pursuant to Section
2550.4 or Section 42238.8, respectively, to calculate its days of
instruction as provided in Section 46010.2 approved, the first five
schooldays of the exclusion shall not be deemed an absence in
computing average daily attendance if the following conditions are
complied with:
   (a)  
   (b)  The governing board of the district  notifies
  shall notify  the parent or guardian of the pupil
that they have two weeks to supply evidence either that the pupil
has been properly immunized, or that the pupil is exempted from the
immunization requirement pursuant to Section 120365 or 120370 of the
Health and Safety Code.  
   (b)  
   (c)  The governing board of the district, in  that
  the  notice,  refers   shall
refer  the parent or guardian of the pupil to the pupil's usual
source of medical care to obtain the immunization, or if no usual
source exists, either  refers   refer  the
parent or guardian to the county health department, or 
notifies   notify  the parent  or guardian
 that the immunizations will be administered at a school of the
district.   
  SEC. 11.  Section 46015 of the Education Code is repealed. 

   46015.  The absence of any pupil may be claimed for apportionment
credit pursuant to Section 46010 only if an employee of the school
district or county office of education verifies and records the
reason for the absence not more than four calendar weeks after its
occurrence.  "Four calendar weeks" means 20 schooldays, not to exceed
14 calendar days after the last schoolday of the school year.
  
  SEC. 12.  Sections 7, 8, 9, 10, and 11 of this act shall become
operative on July 1, 1998.   enacting this act to make
the necessary statutory changes to implement the Budget Act of 1997
relative to elementary and secondary education, community colleges,
and the state's minimum funding obligation to school districts and
community college districts under Section 8 of Article XVI of the
California Constitution for prior fiscal years.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make the necessary statutory changes to implement the
Budget Act of 1997 at the earliest possible time, it is necessary
that this act take effect immediately.