BILL NUMBER: SB 727 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 1997
PASSED THE ASSEMBLY AUGUST 28, 1997
AMENDED IN ASSEMBLY AUGUST 25, 1997
INTRODUCED BY Senators Rosenthal, Alpert, and Watson
(Coauthor: Assembly Member Leonard)
FEBRUARY 26, 1997
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, Rosenthal. 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 September 1, 1997, what portions
of attendance in the schools and classes maintained by the county
superintendent that was reported for 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.
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.
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 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.
"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."
(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.
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:
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.
(b) The governing board of the district 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.
(c) The governing board of the district, in the notice, 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 refer the parent or guardian to the county health
department, or 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.
SEC. 12. Sections 7, 8, 9, 10, and 11 of this act shall become
operative on July 1, 1998.