BILL NUMBER: SB 1468 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 1998
AMENDED IN SENATE MARCH 18, 1998
INTRODUCED BY Senator Rosenthal
FEBRUARY 2, 1998
An act to amend Sections 2550.3, 35120, 42238, 42238.5,
42238.7, 42238.8, 42238.9, 42243.7, 46010, 48205
42280, 42281, 42282, 42283, 42284, 42285, 46010, 48205, 48664
, 48980, 49067, 52335.2, 56836.10
56836.08, 56836.10, 56836.11, 56836.12, 56836.15 , and 56836.24
of, and to add Section 42289.5 to, the Education Code, and to
amend Section 8880.5 of the Government Code, relating to school
revenue limits, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1468, as amended, Rosenthal. School revenue limits: reporting
: average daily attendance .
Existing law, which will become operative on July 1, 1998, changed
the funding basis for school districts and county offices of
education from actual attendance plus excused absences to actual
attendance, without altering the funding amount received by school
districts and county offices of education. Existing law bases this
adjustment in funding on attendance levels and revenue limits in the
1996-97 fiscal year.
This bill would revise the provisions that establish the 1996-97
fiscal year as a base year, establish formulas whereby funding
amounts received by school districts and county offices of education
would be reduced to factors, and provide for the calculation of
funding based on the formulas.
Under
(1) Under existing law, each county superintendent of
schools is required, as a condition of apportionment, to report
certain information regarding excused absences to the Superintendent
of Public Instruction by September 1, 1997.
This bill would extend the deadline for each county superintendent
of schools to report this information to May 1, 1998 , and
September 1, 1998 .
(2) Existing law authorizes each member of a governing board of a
school district who actually attends all meetings to receive
prescribed compensation, determined on the basis of the average daily
attendance of the school district for the prior school year, for his
or her services.
This bill would instead provide that the determination of the
average daily attendance for purposes of this provision be made on
the basis of any prior school year.
(3) Existing law, which will become operative on July 1, 1998,
changes the funding basis for school districts and county offices of
education from actual attendance plus excused absences to actual
attendance, without altering the funding amount received by school
districts and county offices of education. Existing law bases this
adjustment in funding on attendance levels and revenue limits in the
1996-97 fiscal year.
This bill would revise the provisions that establish the 1996-97
fiscal year as a base year, establish formulas whereby funding
amounts received by school districts and county offices of education
would be reduced to factors, and provide for the calculation of
funding based on the formulas.
(4) Existing law requires a county superintendent of schools to
make specified computations for each elementary and secondary school
district that has fewer than 2,501 units of average daily attendance
in the 1990-91 fiscal year.
This bill would impose a state-mandated local program by requiring
a county superintendent of schools to make prescribed computations
for the 1998-99 fiscal year relating to excused absences under this
provision.
(5) Existing law provides for the establishment of community day
schools, and provides for funds to be apportioned, as prescribed, for
the operation of these schools.
This bill would provide for a prescribed one-time adjustment to be
made for the 1998-99 fiscal year in the calculation of the
apportionment for community day schools.
This
(6) This bill would impose a state-mandated local program by
requiring each school district to include in its annual notification
to parents and guardians that no pupil shall have his or her grade
reduced or lose academic credit for any absence when missed
assignments and tests are satisfactorily completed within a
reasonable period of time along with the full text of the applicable
law.
(7) Existing law requires the Superintendent of Public Instruction
to make prescribed computations for the calculation of
apportionments for the purposes of special education programs.
This bill would require the Superintendent of Public Instruction
to exclude units of average daily attendance for absences excused
pursuant to a prescribed provision from these computations.
(8) Existing law, known as the California State Lottery Act of
1984, establishes a state lottery for the purpose of providing
additional moneys to benefit public education. As an initiative
measure, the California State Lottery Act of 1984 requires that none
of its provisions may be changed except to further its purposes by a
2/3 vote of each house of the Legislature.
This bill would adjust the apportionment of moneys under the
California State Lottery Act of 1984 by adjusting the computations
made to calculate that apportionment to compensate for excused
absences, as prescribed. The bill would declare that this provision
furthers the purposes of the California State Lottery Act of 1984.
The
(9) 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.
This
(10) This bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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 May 1, 1998, and September 1,
1998, respectively, what portions of attendance in the schools
and classes maintained by the county superintendent that was
reported for the 1996-97 school year each of
the 1996-97 and 1997-98 school years pursuant to Section 41601
consisted of absences excused pursuant to subdivision (b) of Section
46010 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 35120 of the Education Code is amended to
read:
35120. (a) (1) In any school district in which the average daily
attendance for the any prior school
year exceeded 400,000, each member of the city board of education or
the governing board of the district who actually attends all meetings
held may receive as compensation for his or her services a sum not
to exceed two thousand dollars ($2,000) per month.
(2) In any school district that is not located in a city and
county, and in which the average daily attendance for the
any prior school year exceeded 60,000, the
governing board may prescribe, as compensation for the services of
each member of the board who actually attends all meetings held, a
sum not to exceed one thousand five hundred dollars ($1,500) in any
month.
(3) In any school district in which the average daily attendance
for the any prior school year was
60,000, or less, but more than 25,000, each member of the city board
of education or the governing board of the district who actually
attends all meetings held may receive as compensation for his or her
services a sum not to exceed seven hundred fifty dollars ($750) in
any month.
(4) In any school district in which the average daily attendance
for the any prior school year was
25,000, or less, but more than 10,000, each member of the city board
of education or the governing board of the district who actually
attends all meetings held may receive as compensation for his or her
services a sum not to exceed four hundred dollars ($400) in any
month.
(5) In any school district in which the average daily attendance
for the any prior school year was
10,000 or less but more than 1,000, each member of the city board of
education or the governing board of the district who actually attends
all meetings held may receive as compensation for his or her
services a sum not to exceed two hundred forty dollars ($240) in any
month.
(6) In any school district in which the average daily attendance
for the any prior school year was 1,000
or less but more than 150, each member of the city board of
education or the governing board of the district who actually attends
all meetings held may receive as compensation for his or her
services a sum not to exceed one hundred twenty dollars ($120) in any
month.
(7) In any school district in which the average daily attendance
for the any prior school year was less
than 150, each member of the city board of education or the governing
board of the district who actually attends all meetings held may
receive as compensation for his or her services a sum not to exceed
sixty dollars ($60) per month.
Any
(8) Any member who does not attend all meetings held in any
month may receive, as compensation for his or her services, an amount
not greater than the maximum amount allowed by this subdivision
divided by the number of meetings held and multiplied by the number
of meetings actually attended.
(b) The compensation of members of the governing board of a school
district newly organized or reorganized shall be governed by
subdivision (a). For this purpose, the total average daily attendance
in all of the schools of the district in the school year in which
the organization or reorganization became effective pursuant to
Section 4062 shall be deemed to be the average daily attendance in
the district for the any prior school
year.
(c) A member may be paid for any meeting when absent if the board
by resolution duly adopted and included in its minutes finds that at
the time of the meeting he or she is performing services outside the
meeting for the school district or districts, he or she was ill or on
jury duty, or the absence was due to a hardship deemed acceptable by
the board.
(d) The compensation shall be a charge against the funds of the
school district. If the city board of education or the governing
board of the district is the governing board of more than one school
district, the compensation shall be charged against and paid by the
respective school districts in the same proportion as the salary of
the city superintendent of schools is charged against them.
Compensation shall be reduced by an amount equal to any salary or
compensation paid to the members of the city board of education from
any funds of the city.
SEC. 3. Section 42238 of the Education Code is amended to
read:
42238. (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for the current fiscal year shall be
determined by adding to the base revenue limit for the prior fiscal
year the following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount received per unit of
average daily attendance in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(c) Except for districts subject to subdivision (d), the base
revenue limit computed pursuant to subdivision (b) shall be
multiplied by the district average daily attendance computed pursuant
to Section 42238.5.
(d) (1) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is greater
for the current fiscal year than for the 1982-83 fiscal year, compute
the following amount, in lieu of the amount computed pursuant to
subdivision (c):
(A) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed pursuant to
Section 42238.5 for the 1982-83 fiscal year.
(B) Multiply the lesser of the amount in subdivision (c) or 1.05
times the statewide average base revenue limit per unit of average
daily attendance for districts of similar type for the current fiscal
year by the difference between the average daily attendance computed
pursuant to Section 42238.5 for the current and 1982-83 fiscal
years.
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) The base revenue limit per unit of average daily attendance
shall be the lesser of the following amounts:
(1) The amount determined in subdivision (b).
(2) The amount computed pursuant to Section 42238 for the prior
fiscal year divided by the prior fiscal year revenue limit average
daily attendance times the sum of 1.0 and twice the percentage
increase in revenue limits computed pursuant to Section 42238.1 for
the current fiscal year.
(f)
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (3) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(g)
(f) For the 1984-85 fiscal year only, the county
superintendent shall reduce the total revenue limit computed in this
section by the amount of the decreased employer contributions to the
Public Employees' Retirement System resulting from enactment of
Chapter 330 of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
The reduction
(g) The reduction required by subdivision (f) shall be
calculated as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately prior to the enactment of Chapter 330 of the Statutes of
1982 were in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 were in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for any of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported by funds received pursuant to Section
42243.6.
(C) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by any single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent of Public Instruction with the
approval of the Director of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent of Public
Instruction.
(h) The Superintendent of Public Instruction shall apportion to
each school district the amount determined in this section less the
sum of:
(1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of the Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount of motor vehicle license fees distributed pursuant
to Section 11003.4 of the Revenue and Taxation Code.
(7) The amount, if any, received pursuant to any provision of the
Community Redevelopment Law (Part 1 (commencing with Section 33000)
of Division 24 of the Health and Safety Code), except for any amount
received pursuant to Section 33401 or 33676 of the Health and Safety
Code that is used for land acquisition, facility construction,
reconstruction, or remodeling, or deferred maintenance, except for
any amount received pursuant to Section 33492.15, paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(i) This section shall become operative July 1, 1984.
SEC. 3.
SEC. 4. Section 42238.5 of the Education Code is amended to
read:
42238.5. (a) For purposes of Section 42238, the fiscal year
average daily attendance shall be computed pursuant to paragraph (1)
or (2).
(1) The second principal apportionment regular average daily
attendance for either the current or prior fiscal year, whichever is
greater. However, prior fiscal year average daily attendance shall
be adjusted for any loss or gain of average daily attendance due to a
reorganization or transfer of territory, or, commencing in the
1993-94 fiscal year, and each fiscal year thereafter, for any change
in average daily attendance for pupils who are concurrently enrolled
in adult programs and classes pursuant to Section 52616.17.
(2) Any school district that elects to receive funding pursuant to
Article 4 (commencing with Section 42280) shall compute its units of
average daily attendance for purposes of Section 42238 by
subtracting the amount determined in subparagraph (B) from the amount
determined in subparagraph (A).
(A) The units of average daily attendance computed pursuant to
either paragraph (1) or (2) paragraph (1)
.
(B) The units of average daily attendance resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).
(b) For purposes of this article, regular average daily attendance
shall be the base revenue limit average daily attendance, excluding
summer school average daily attendance.
(c) For purposes of this section, for the 1998-99 fiscal year
only, prior the prior year average
daily attendance shall be the 1997-98 regular average daily
attendance, excluding absences excused pursuant to subdivision (b) of
Section 46010, as that subdivision read on July 1, 1996.
SEC. 4.
SEC. 5. Section 42238.7 of the Education Code is amended 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 May 1, 1998, and September 1,
1998, respectively, the portion of the attendance in the
schools and classes maintained by the district that was reported for
the 1996-97 school year each of the 1996-97
and 1997-98 school years pursuant to Section 41601 that
consisted of absences excused pursuant to subdivision (b) of Section
46010 and to Section 46015, as those sections read on July 1, 1996.
SEC. 5.
SEC. 6. Section 42238.8 of the Education Code is amended to
read:
42238.8. (a) Effective July 1, 1998, the Superintendent of Public
Instruction shall make a one-time adjustment to the revenue limit
per unit of average daily attendance of each school district. This
one-time adjustment 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 limit per unit of average daily attendance, as follows:
(1) Determine a revised revenue limit per unit of average daily
attendance for the 1996-97 fiscal year as follows:
(A) For each school district that had its revenue limit funding
for the 1996-97 fiscal year calculated on the basis of its 1996-97
average daily attendance pursuant to paragraph (1) of subdivision (a)
of Section 42238.5, the revised revenue limit per unit of average
daily attendance shall equal the adjusted total base revenue limit
determined pursuant to paragraph (2) divided by the adjusted average
daily attendance determined pursuant to subparagraph (A) of paragraph
(3) exclusive of attendance for excused absences pursuant to
subdivision (b) of Section 46010 as that subdivision read on July 1,
1996.
(B) For each school district that had its revenue limit funding
for the 1996-97 fiscal year calculated on the basis of its 1995-96
average daily attendance pursuant to paragraph (1) of subdivision (a)
of Section 42238.5, the revised revenue limit per unit of average
daily attendance shall equal the adjusted total base revenue limit
determined pursuant to paragraph (2) divided by the adjusted average
daily attendance determined pursuant to subparagraphs (A), (B), (C),
and (D) of paragraph (3).
(2) Determine the amount of the 1996-97 total base revenue limit
funding received pursuant to Section 42238 for growth and nongrowth
average daily attendance after excluding attendance in
nonpublic, nonsectarian county office operated special
education and county community school programs.
(3) (A) Determine the revenue limit average daily attendance
pursuant to Section 42238.5 for the 1996-97 fiscal year, exclusive of
attendance in necessary small schools, county-operated special
education programs, and county community schools. If this amount is
less than one, it shall be deemed to equal one.
(B) Determine the second principal apportionment average daily
attendance for the 1996-97 fiscal year, including attendance for
excused absences pursuant to subdivision (b) of Section 46010 as it
read on July 1, 1996, but excluding attendance, including attendance
for excused absences, in necessary small schools, in nonpublic,
nonsectarian county-operated special education programs, and
county community schools.
(C) Determine the second principal apportionment average daily
attendance for the 1996-97 fiscal year, excluding attendance in
necessary small schools, county-operated special education programs,
and county community schools and for excused absences pursuant to
subdivision (b) of Section 46010 as it read on July 1, 1996.
(D) Calculate the adjusted revenue limit average daily attendance
by multiplying the amount determined pursuant to subparagraph (A) by
the quotient of the amount determined pursuant to subparagraph (C)
divided by the amount determined pursuant to subparagraph (B).
(4) Recalculate the 1997-98 fiscal year revenue limit per unit of
average daily attendance to reflect the 1996-97
revision in the 1996-97 revenue limit per unit of average
daily attendance determined pursuant to paragraph (1).
(b) The calculations made pursuant to paragraphs (1) and (4) of
subdivision (a) shall not be used for apportionment purposes for
either of the fiscal years referred to in those paragraphs or for
adjustments for those years.
(c) 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. 6.
SEC. 7. Section 42238.9 of the Education Code is amended to
read:
42238.9. The amount per unit of average daily attendance
subtracted pursuant to Section 56712 for revenue limits for pupils in
special classes and centers shall be the district's total revenue
limit for the current fiscal year computed pursuant to Section 42238,
including funds received pursuant to Article 4 (commencing with
Section 42280), but excluding the total amount of funds received
pursuant to Sections 46200 to 46206, inclusive, and Section 45023.4,
as that section read on July 1, 1986, divided by the district's
current year average daily attendance pursuant to Section 42238.5.
The amount per unit of average daily attendance that is
included excluded in this calculation for each
school district shall be increased for the 1998-99 fiscal year by the
quotient for that district of the amount determined pursuant to
subparagraph (B) of paragraph (3) of subdivision (a) of Section
42238.8 divided by the amount determined pursuant to subparagraph (C)
of paragraph (3) of subdivision (a) of Section 42238.8.
SEC. 7.
SEC. 8. Section 42243.7 of the Education Code is amended to
read:
42243.7. (a) For any unified school district which
that 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.
(g)
(f) The Superintendent of Public Instruction shall reduce by
the amount computed pursuant to subdivisions (d) and (f)
subdivision (e) 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)
(g) 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)
(h) 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.
(j)
(i) In the 1998-99 fiscal year and each fiscal year
thereafter, the ranges of average daily attendance resulting from the
calculation set forth in this section pursuant to Section 41711, as
that section read on July 1, 1977, shall be reduced by the
statewide average percentage that absences excused pursuant to
subdivision (b) of Section 46010, as that section read on July 1,
1996, were of total second principal apportionment regular average
daily attendance for high schools in 1996-97, with the reduced ranges
then rounded to the nearest integer.
SEC. 8.
SEC. 9. Section 42280 of the Education Code is amended to read:
42280. (a) For each school district that meets, in the current or
prior fiscal year, the conditions specified in Section 42281, 42282,
or 42284 the county superintendent of schools shall compute, for
each qualifying school in the district, an amount pursuant to this
article.
(b) For each school district that is a countywide unified school
district that had fewer than 2,501 units of average daily attendance
in the 1990-91 fiscal year, the county superintendent of schools
shall compute an amount pursuant to this article for those schools
that meet the conditions specified in Sections 42283 and 42285 in the
current or prior fiscal year. This subdivision is only applicable to
those schools funded pursuant to this article in the 1990-91 fiscal
year and, in subsequent years, if the school district has no more
than 3,000 units of average daily attendance.
(c) For the 1998-99 fiscal year, average daily attendance reported
pursuant to Section 41601 for the 1997-98 fiscal year, exclusive of
average daily attendance for absences excused pursuant to subdivision
(b) of Section 46010 as that subdivision read on July 1, 1996, shall
be used for the purpose of determining whether school districts meet
the conditions in Sections 42281, 42282, and 42284 for the prior
fiscal year.
SEC. 10. Section 42281 of the Education Code is amended to read:
42281. (a) Except as specified in subdivision
(d) paragraph (4) , for each elementary school
district that maintains only one school with a second principal
apportionment average daily attendance of less than 101, the county
superintendent shall make one of the following computations,
whichever provides the lesser amount:
(a)
(1) For each small school that has an average daily
attendance during the fiscal year of less than 26, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school at least one teacher was hired full time, the county
superintendent shall compute for the district fifty-two thousand
nine hundred twenty-five dollars ($52,925).
(b)
(2) For each small school that has an average daily
attendance during the fiscal year of 26 or more and less than 51,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school at least two teachers were hired full
time for more than one-half of the days schools were maintained, the
county superintendent shall compute for the district one hundred five
thousand eight hundred fifty dollars ($105,850).
(c)
(3) For each small school that has an average daily
attendance during the fiscal year of 51 or more but less than 76,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school three teachers were hired full time for
more than one-half of the days schools were maintained, the county
superintendent shall compute for the district one hundred fifty-eight
thousand seven hundred seventy-five dollars ($158,775).
(d)
(4) For each small school that has an average daily
attendance during the fiscal year of 76 or more and less than 101,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school four teachers were hired full time for
more than one-half of the days schools were maintained, the county
superintendent shall compute for the district two hundred eleven
thousand seven hundred dollars ($211,700). A school district that
qualifies under this subdivision may use this funding calculation
until the revenue limit per unit of average daily attendance
multiplied by the average daily attendance produces state aid equal
to the small school funding formula.
(b) For the 1998-99 fiscal year and each fiscal year thereafter,
the average daily attendance figure of 101 specified in subdivision
(a) and the ranges of average daily attendance specified in
paragraphs (1) to (4), inclusive, shall be reduced by the statewide
average rate of excused absence reported for elementary school
districts for the 1996-97 fiscal year pursuant to Section 42238.7,
with the resultant figures and ranges rounded to the nearest integer.
SEC. 11. Section 42282 of the Education Code is amended to read:
42282. For each district with fewer than 2,501 units of second
principal apportionment average daily attendance, on account of each
necessary small school, the county superintendent shall make the
following computations:
(a) For each necessary small school which has an average daily
attendance during the fiscal year of less than 26, exclusive of
pupils attending the 7th and 8th grades of a junior high school, and
for which school at least one teacher was hired full time, the county
superintendent shall compute for the district fifty-two thousand
nine hundred twenty-five dollars ($52,925).
(b) For each necessary small school which has an average daily
attendance during the fiscal year of 26 or more and less than 51,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school at least two teachers were hired full
time for more than one-half of the days schools were maintained, the
county superintendent shall compute for the district one hundred five
thousand eight hundred fifty dollars ($105,850).
(c) For each necessary small school which has an average daily
attendance during the fiscal year of 51 or more but less than 76,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school three teachers were hired full time for
more than one-half of the days schools were maintained, the county
superintendent shall compute for the district one hundred fifty-eight
thousand seven hundred seventy-five dollars ($158,775).
(d) For each necessary small school which has an average daily
attendance during the fiscal year of 76 or more and less than 101,
exclusive of pupils attending the 7th and 8th grades of a junior high
school, and for which school four teachers were hired full time for
more than one-half of the days schools were maintained, the county
superintendent shall compute for the district two hundred eleven
thousand seven hundred dollars ($211,700). These school districts
may use this funding calculation until the revenue limit per unit of
average daily attendance multiplied by the average daily attendance
produces state aid equal to the small school funding formula.
(e) For the 1998-99 fiscal year and each fiscal year thereafter,
the ranges of average daily attendance specified in subdivisions (a)
to (d), inclusive, shall be reduced by the statewide average rate of
excused absence reported for high school districts for the 1996-97
fiscal year pursuant to Section 42238.7, with the resultant figures
and ranges rounded to the nearest integer.
SEC. 12. Section 42283 of the Education Code is amended to read:
42283. (a) For the purposes of Section 42282, a
"necessary small school" is an elementary school with an average
daily attendance of less than 101, exclusive of pupils attending the
seventh and eighth grades of a junior high school, maintained by a
school district which maintains two or more schools and to which
school any of the following conditions apply:
(a)
(1) If as many as five pupils residing in the district and
attending kindergarten and grades 1 to 8, inclusive, exclusive of
pupils attending the seventh and eighth grades of a junior high
school in the elementary school with an average daily attendance of
less than 101 would be required to travel more than 10 miles one way
from a point on a well-traveled road nearest their home to the
nearest other public elementary school.
(b)
(2) If as many as 15 pupils residing in the district and
attending kindergarten and grades 1 to 8, inclusive, exclusive of
pupils attending the seventh and eighth grades of a junior high
school in the elementary school with an average daily attendance of
less than 101 would be required to travel more than five miles one
way from a point on a well-traveled road nearest their home to the
nearest other public elementary school.
(c)
(3) If topographical or other conditions exist in a district
which would impose unusual hardships if the number of miles
specified in (a) paragraph (1) or
(b) (2) were required to be traveled,
or if during the fiscal year the roads which would be traveled have
been impassable for more than an average of two weeks per year for
the preceding five years, the governing board of the district may, on
or before April 1st 1 , request the
Superintendent of Public Instruction, in writing, for an exemption
from these requirements or for a reduction in the miles required.
The request shall be accompanied by a statement of the conditions
upon which the request is based, giving the information in
such a form as required
by the Superintendent of Public Instruction may
require . The Superintendent of Public Instruction shall
cause an investigation to be made, and shall either grant the request
to the extent he or she deems necessary, or deny the request.
(b) For the 1998-99 fiscal year and each fiscal year thereafter, a
"necessary small school," as defined in subdivision (a), shall be an
elementary school with an average daily attendance of less than 101
reduced by the statewide average rate of excused absence reported for
elementary school districts for the 1996-97 fiscal year pursuant to
Section 42238.7, rounded to the nearest integer.
SEC. 13. Section 42284 of the Education Code is amended to read:
42284. (a) For each district with fewer than 2,501
units of average daily attendance, on account of each necessary small
high school, the county superintendent of schools shall make one of
the following computations selected with regard only to the number of
certificated employees employed or average daily attendance,
whichever provides the lesser amount:
Average daily Minimum number of Amount to be
attendance certificated employees computed
1- 20 ................... less than 3 $ 42,980
per teacher
1- 20 ........................... 3 191,340
21- 40 ........................... 4 234,320
41- 60 ........................... 5 277,300
61- 75 ........................... 6 320,280
76- 90 ........................... 7 363,260
91-105 ........................... 8 406,240
106-120 ........................... 9 449,220
121-135 ........................... 10 492,200
136-150 ........................... 11 535,180
151-180 ........................... 12 578,160
181-220 ........................... 13 621,140
221-260 ........................... 14 664,120
261-300 ........................... 15 707,100
For
(b) For purposes of this section, a "certificated employee"
means an equivalent full-time position of an individual holding a
credential authorizing service and providing service in grades 9
through to 12 , inclusive,
in any secondary school. Any fraction of an equivalent full-time
position remaining after all equivalent full-time positions for
certificated employees within the district have been calculated shall
be deemed to be a full-time position.
A
(c) A school district that qualifies under this section may
use the funding calculation as provided in this section until the
revenue limit per unit of average daily attendance multiplied by the
average daily attendance produces state aid equal to the funding
provided under this section.
(d) For the 1998-99 fiscal year and each fiscal year thereafter,
the ranges of average daily attendance specified in the table in
subdivision (a) shall be reduced by the statewide average rate of
excused absence reported for high school districts for the 1996-97
fiscal year pursuant to Section 42238.7, with the resultant ranges
rounded to the nearest integer.
SEC. 14. Section 42285 of the Education Code is amended to read:
42285. (a) A necessary small high school for the
purposes of Section 42284, is a high school with an average daily
attendance of less than 301, or a junior high school with an
average daily attendance of less than 75 in grade nine,
excluding continuation schools, which comes within any of the
following conditions (except that a single high school maintained by
a unified district, or a high school maintained by any district for
the exclusive purpose of educating juvenile hall pupils or pupils
with exceptional needs, shall be considered a necessary small high
school):
(a)
(1) The projection of its future enrollment on the basis of
the enrollment of the elementary schools in the district shows that
within eight years the enrollment in high school in grades 9
through to 12 , inclusive, will
exceed 300 pupils.
(b)
(2) Any one of the following combinations of distance and
units of average daily attendance applies:
(1)
(A) The high school had an average daily attendance of less
than 100 in grades 9 through to 12
, inclusive, during the preceding fiscal year and is more than
15 miles by well-traveled road from the nearest other public high
school and either 90 percent of the pupils would be required to
travel 20 miles or 25 percent of the pupils would be required to
travel 30 miles one way from a point on a well-traveled road nearest
their homes to the nearest other public high school.
(2)
(B) The high school had an average daily attendance of 100
or more and less than 150 in grades 9 through
to 12 , inclusive, during the preceding fiscal year
and is more than 10 miles by well-traveled road from the nearest
other public high school and either 90 percent of the pupils would be
required to travel 18 miles or 25 percent of the pupils would be
required to travel 25 miles one way from a point on a well-traveled
road nearest their homes to the nearest other public high school.
(3)
(C) The high school had an average daily attendance of 150
or more and less than 200 in grades 9 through
to 12 , inclusive, during the preceding fiscal year
and is more than 71/2 miles by well-traveled road from the nearest
other public high school and either 90 percent of the pupils would be
required to travel 15 miles or 25 percent of the pupils would be
required to travel 20 miles one way from a point on a well-traveled
road nearest their homes to the nearest other public high school.
(4)
(D) The high school had an average daily attendance of 200
or more and less than 300 in grades 9 through
to 12 , inclusive, during the preceding fiscal year
and is more than five miles by well-traveled road from the nearest
other public high school and either 90 percent of the pupils would be
required to travel 10 miles or 25 percent of the pupils would be
required to travel 15 miles to the nearest other public high school.
(c)
(3) Topographical or other conditions exist in the district
which would impose unusual hardships on the pupils if the number of
miles specified above were required to be traveled. In these cases,
the Superintendent of Public Instruction may, when requested, and
after investigation, grant exceptions from the distance requirements.
(d)
(4) The Superintendent of Public Instruction has approved
the recommendation of a county committee on school district
organization designating one of two or more schools as necessary
isolated schools in a situation where the schools are operated by two
or more districts and the average daily attendance of each of the
schools is less than 300 in grades 9 through
to 12 , inclusive .
(b) For the 1998-99 fiscal year and each fiscal year thereafter,
the high school and junior high school average daily attendance
figures specified in subdivision (a) and the ranges of average daily
attendance specified in paragraph (2) of subdivision (a) shall be
reduced by the statewide average rate of excused absence reported for
high school districts for the 1996-97 fiscal year pursuant to
Section 42238.7, with the resultant figures and ranges rounded to the
nearest integer.
SEC. 15. Section 42289.5 is added to the Education Code, to
read:
42289.5. Notwithstanding any other provision of law, the
increases determined pursuant to Sections 42289, 42289.1, 42289.3,
and 42289.4 shall be permanently increased for the 1998-99 fiscal
year by the quotient, for each district eligible for an increase, of
the amount determined pursuant to subparagraph (B) of paragraph (3)
of subdivision (a) of Section 42238.8 divided by the amount
determined pursuant to subparagraph (C) of paragraph (3) of
subdivision (a) of Section 42238.8.
SEC. 9.
SEC. 16. Section 46010 of the Education Code, as amended by
Chapter 855 of the Statutes 1997, is amended to read:
46010. 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.
SEC. 10.
SEC. 17. Section 48205 of the Education Code is amended to
read:
48205. (a) Notwithstanding Section 48200, a pupil shall be
excused from school when the absence is:
(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 the illness or medical appointment during school hours
of a child of whom the pupil is the custodial parent.
(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, or attendance at an employment
conference, when the pupil's absence has been requested in writing by
the parent or guardian and approved by the principal or a designated
representative pursuant to uniform standards established by the
governing board.
(b) A pupil absent from school under this section shall be allowed
to complete all assignments and tests missed during the absence that
can be reasonably provided and, upon satisfactory completion within
a reasonable period of time, shall be given full credit therefor. As
the teacher of any class from which a pupil is absent shall
determine the tests and assignments shall be reasonably equivalent
to, but not necessarily identical to, the tests and assignments that
the pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in
computing average daily attendance and shall not generate state
apportionment payments.
(e) "Immediate family," as used in this section, 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."
SEC. 11.
SEC. 18. Section 48664 of the Education Code is amended to read:
48664. (a) In addition to funds from all other sources, the
Superintendent of Public Instruction shall apportion to each school
district that operates a community day school one thousand five
hundred dollars ($1,500) per year, for each unit of average daily
attendance reported at the annual apportionment for pupil attendance
at community day schools. Average daily attendance reported for this
program shall not exceed 0.375 percent of a district's prior year P2
average daily attendance in an elementary school district, 0.5
percent of a district's prior year P2 average daily attendance in a
unified school district, or 0.625 percent of a district's prior year
P2 average daily attendance in a high school district. The
Superintendent of Public Instruction may reallocate to any school
district any unexpended balance of the appropriations made for the
purposes of this subdivision for actual pupil attendance in excess of
the percentage specified in this subdivision for the school district
in an amount not to exceed one-half of that percentage. However,
the average daily attendance generated by pupils expelled pursuant to
subdivision (d) of Section 48915, shall not be subject to these
percentage caps on average daily attendance.
(b) The average daily attendance of a community day school shall
be determined by dividing the total number of days of attendance in
all full school months, by a divisor of 70 in the first period of
each fiscal year, by a divisor of 135 in the second period of each
fiscal year, and by a divisor of 180 at the annual time of each
fiscal year.
(c) The Superintendent of Public Instruction shall apportion to
each school district that operates a community day school a sum equal
to one dollar and forty cents ($1.40) multiplied by the total of the
number of hours each schoolday, up to a maximum of two hours daily,
that each community day school pupil remains at the community day
school under the supervision of a school district employee following
completion of the full six-hour instructional day.
(d) It is the intent of the Legislature that districts enter into
consortia, as feasible, for the purpose of providing community day
school programs. Any school district with fewer than 2,501 units of
average daily attendance may request a waiver for any fiscal year of
the funding limitations defined in this section. The Superintendent
of Public Instruction shall approve a waiver if he or she deems it
necessary in order to permit the operation of a community day school
of reasonably comparable quality to those offered in a school
district with 2,501 or more units of average daily attendance. In no
event shall the amount allocated pursuant to a waiver exceed the
amount provided for one teacher pursuant to Section 42284, for pupils
enrolled in kindergarten and grades 1 to 6, inclusive, or the amount
provided for one teacher pursuant to Section 42284, for pupils
enrolled in grades 7 to 12, inclusive. The provisions of this act
shall not apply to any school district that applied for a waiver
within the funding limits established by this subdivision but was
denied funding or not fully funded.
(e) The State Department of Education shall evaluate and report to
the appropriate legislative policy committees and budget committees
on or before October 1, 1998, and for two years thereafter the
following programmatic and fiscal issues:
(1) The number of expulsions statewide.
(2) The number of school districts operating community day
schools.
(3) Status of the countywide plans as defined in Section 48926.
(4) An evaluation of the community day school average daily
attendance funding percentage cap.
(5) Number of small school districts requesting and the number
receiving a waiver under this section.
(6) The effect of hourly accounting under Section 48663 for
purposes of receiving the additional funding under Section 48664.
(7) The number of pupils and average daily attendance served in
community day programs, further identified as the number expelled
pursuant to subdivision (d) (b) of
Section 48915, subdivision (b) (d) of
Section 48915, other expulsion criteria, or referred through a formal
district process.
(8) Pupil outcome data and other data as required under Section
48916.1.
(9) Other programmatic or fiscal matters as determined by the
State Department of Education.
(f) The additional funds provided in subdivisions (a) ,
(c), and (d) shall only be allocated to the extent that funds are
appropriated for this purpose in the annual Budget Act or other
legislation, or both, except for pupils expelled pursuant to
subdivision (d) of Section 48915. For pupils expelled pursuant to
subdivision (d) of Section 48915, the funds apportioned under
subdivision (a) are continuously appropriated from the General Fund
to Section A of the State School Fund.
(g) A one-time adjustment shall be made to the amount specified in
subdivision (a), for the 1998-99 fiscal year and subsequent fiscal
years, by increasing that amount by the statewide average quotient
resulting from dividing the average daily attendance specified in
subparagraph (B) of paragraph (3) of subdivision (a) Section 42238.8
by the amount specified in subparagraph (C) of paragraph (3) of
subdivision (a) of Section 42238.8.
SEC. 19. Section 48980 of the Education Code is amended to
read:
48980. (a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of its minor pupils regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240,
and 51550 and Chapter 2.3 (commencing with Section 32255) of Part
19.
(b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.
(c) The notification shall also advise the parents and guardians
of all pupils attending a school within the district of the schedule
of minimum days and pupil-free staff development days, and if any
minimum or pupil-free staff development days are scheduled
thereafter, the governing board shall notify parents and guardians of
the affected pupils as early as possible, but not later than one
month before the scheduled minimum or pupil-free day.
(d) The notification also may advise the parent or guardian of the
importance of investing for future college or university education
for their children and of considering appropriate investment options
including, but not limited to, United States Savings Bonds.
(e) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390) shall
inform parents or guardians of the program as specified in Section
32390.
(f) Until July 1, 1998, the notification shall also advise the
parent or guardian of the availability of the employment-based school
attendance options pursuant to subdivision (f) of Section 48204.
(g) The notification shall also include a copy of the district's
written policy on sexual harassment established pursuant to Section
212.6, as it relates to pupils.
(h) Commencing July 1, 1998, the notification shall include a copy
of the written policy of the school district adopted pursuant to
Section 51870.5 regarding access by pupils to Internet and on-line
sites.
(i) The notification shall advise the parent or guardian of all
current statutory attendance options and local attendance options
available in the school district. That notification shall include
all options for meeting residency requirements for school attendance,
programmatic options offered within the local attendance areas, and
any special programmatic options available on both an interdistrict
and intradistrict basis. That notification shall also include a
description of all options, a description of the procedure for
application for alternative attendance areas or programs, an
application form from the district for requesting a change of
attendance, and a description of the appeals process available, if
any, for a parent or guardian denied a change of attendance. The
notification shall also include an explanation of the current
statutory attendance options including, but not limited to, those
available under Section 35160.5, Chapter 5 (commencing with Section
46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5
(commencing with Section 48209) of Chapter 2 of Part 27. The State
Department of Education shall produce this portion of the
notification and shall distribute it to all school districts.
(j) It is the intent of the Legislature that the governing board
of each school district annually review the enrollment options
available to the pupils within their districts and that the school
districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of California's pupils.
(k) The notification shall advise the parent or guardian that no
pupil shall may have his or her grade
reduced or lose academic credit for any absence or absences excused
pursuant to Section
48205 when missed assignments and tests that can reasonably be
provided are satisfactorily completed within a reasonable period of
time, and shall include the full text of Section 48205.
SEC. 12.
SEC. 20. Section 49067 of the Education Code is amended to
read:
49067. (a) The governing board of each school district shall
prescribe regulations requiring the evaluation of each pupil's
achievement for each marking period and requiring a conference with,
or a written report to, the parent of each pupil whenever it becomes
evident to the teacher that the pupil is in danger of failing a
course. The refusal of the parent to attend the conference, or to
respond to the written report, shall not preclude failing the pupil
at the end of the grading period.
(b) The governing board of any school district may adopt
regulations authorizing a teacher to assign a failing grade to any
pupil whose absences from the teacher's class that are not excused
pursuant to Section 48205 equal or exceed a maximum number which
shall be specified by the board. Regulations adopted pursuant to this
subdivision shall include, but not be limited to, the following:
(1) A reasonable opportunity for the pupil or the pupil's parent
or guardian to explain the absences.
(2) A method for identification in the pupil's record of the
failing grades assigned to the pupil on the basis of excessive
unexcused absences.
(c) Notwithstanding the provisions of subdivision (a) of Section
49061, the provisions of this section shall apply to the parent or
guardian of any pupil without regard to the age of the pupil.
SEC. 13.
SEC. 21. Section 52335.2 of the Education Code is amended to
read:
52335.2. The Superintendent of Public Instruction shall calculate
a revenue limit for each ROC/P in the following manner:
(a) Calculate a base revenue limit per unit of average attendance
for the current fiscal year as follows:
(1) Divide the revenue limit for the prior year computed pursuant
to this section by the annual units of average daily attendance
funded in the prior year pursuant to subdivisions (c) and (d).
(2) Increase the amount computed in paragraph (1) by the
percentage inflation adjustment specified in the Budget Act for the
current fiscal year multiplied by the statewide average ROC/P revenue
limit per unit of average daily attendance for the prior fiscal
year.
(b) Calculate a revenue limit per unit of average daily attendance
for program growth by increasing the revenue limit per unit of
average daily attendance for program growth computed pursuant to this
subdivision for the prior fiscal year by the percentage inflation
adjustment specified in the Budget Act for the current fiscal year.
(c) Multiply the amount computed pursuant to subdivision (a) by
the lesser of the ROC/P's annual units of average daily attendance
for the current fiscal year or the ROC/P's annual units of funded
average daily attendance for the prior fiscal year.
(d) Subtract the ROC/P's annual units of funded average daily
attendance for the prior fiscal year from the ROC/P's annual units of
average daily attendance for the current fiscal year and multiply
the difference by the amount computed pursuant to subdivision (b).
If the product computed pursuant to this subdivision is negative, it
shall be deemed to be zero.
(e) Except as provided in Section 52335.3, the Superintendent of
Public Instruction shall apportion to the ROC/P the sum of the
amounts computed pursuant to subdivisions (c) and (d).
(f) The average daily attendance used for purposes of this section
shall not include the average daily attendance in schools receiving
funding pursuant to Section 52324.6.
(g) Any state funds made available as a result of local property
tax revenues deducted pursuant to Section 52335.3 shall be allocated
to each ROC/P in an equal amount per unit of funded average daily
attendance and shall not be included in the calculation of the base
revenue limit made pursuant to subdivision (a) for the subsequent
fiscal year.
(h) Before making the calculations described in subdivisions (c)
and (d) to determine the amount to be apportioned to each ROC/P
pursuant to subdivision (e) for the 1998-99 fiscal year, average
daily attendance for the 1997-98 fiscal year shall be adjusted by a
factor equal to the number one minus the quotient of the number of
units of that ROC/P's 1996-97 average daily attendance for absences
excused pursuant to subdivision (b) of Section 46010, as that
subdivision read on July 1, 1996, divided by that ROC/P's total
1996-97 average daily attendance.
SEC. 14.
SEC. 22. Section 56836.08 of the Education Code is amended to
read:
56836.08. (a) For the 1998-99 fiscal year, the superintendent
shall make the following computations to determine the amount of
funding for each special education local plan area:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area pursuant to
paragraph (1) of subdivision (a) of Section 56836.10 to the inflation
adjustment computed pursuant to subdivision (d) for the 1998-99
fiscal year.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the 1997-98 fiscal year , exclusive of average
daily attendance for absences excused pursuant to subdivision (b) of
Section 46010 as that subdivision read on July 1, 1996 .
(3) Add the actual amount of the equalization adjustment, if any,
computed for the 1998-99 fiscal year pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth
computed pursuant to Section 56836.15 from the amount computed in
paragraph (3).
(5) Add the special disabilities adjustment computed pursuant to
Article 2.5 (commencing with Section 56836.155).
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to
determine the amount of funding for each special education local plan
area for the fiscal year in which the computation is made:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year pursuant to Section 56836.10 to the inflation adjustment
computed pursuant to subdivision (d) for the fiscal year in which the
computation is made.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the prior fiscal year.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the special education local plan area for the fiscal
year in which the computation is made pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth or
decline in enrollment, if any, computed for the special education
local plan area for the fiscal year in which the computation is made
pursuant to Section 56836.15 from the amount computed in paragraph
(3).
(5) Add the special disabilities adjustment computed pursuant to
Article 2.5 (commencing with Section 56836.155) and increased
pursuant to subparagraph (D) if the adjusted funding per unit of
average daily attendance of the special education local plan area is
below the statewide target amount per unit of average daily
attendance as determined pursuant to subparagraphs (A) to (C),
inclusive, as follows:
(A) Calculate the adjusted amount of funding per unit of average
daily attendance for each special education local plan area, measured
in dollars and cents, using the methodology contained in subdivision
(a) of Section 56836.10, except that the amount used from the
computation in Section 56836.09 shall be reduced by the amount
computed pursuant to Article 2.5 (commencing with Section 56836.155).
(B) Determine the statewide target amount per unit of average
daily attendance, measured in dollars and cents and rounded up to the
nearest 50 cents ($0.50), as computed pursuant to subdivision (a) of
Section 56836.11.
(C) The adjusted funding per unit of average daily attendance is
below the statewide target amount if the amount calculated pursuant
to subparagraph (A), subtracted from the amount calculated pursuant
to subparagraph (B), yields a positive value.
(D) If the computation made pursuant to subparagraph (C) yields a
positive value, increase the special disabilities adjustment in the
1999-2000 fiscal year and each year thereafter by the percent
increase in growth in average daily attendance reported by the
special education local plan area and the inflation factor computed
pursuant to subdivision (b) of Section 42238.1 for the applicable
fiscal year.
(E) Inclusion of the special disabilities adjustment in the total
funding of a special education local plan area shall neither change
nor be included in the computation of equalization funding pursuant
to Section 56836.12 or the computations made after this computation
that precede the computation in Section 56836.12.
(c) For the 1998-99 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to determine
the amount of General Fund moneys that the special education local
plan area may claim:
(1) Add the total of the amount of property taxes allocated to the
special education local plan area pursuant to Section 2572 for the
fiscal year in which the computation is made to the amount of federal
funds allocated to the special education local plan area pursuant to
Part B of the Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) for the fiscal year in which the computation is
made.
(2) Add the amount of funding computed for the special education
local plan area pursuant to subdivision (a) for the 1998-99 fiscal
year, and commencing with the 1999-2000 fiscal year and each fiscal
year thereafter, the amount computed for the fiscal year in which the
computations were made pursuant to subdivision (b) to the amount of
funding computed for the special education local plan area pursuant
to Article 3 (commencing with Section 56836.16).
(3) Subtract the sum computed in paragraph (1) from the sum
computed in paragraph (2).
(d) For the 1998-99 fiscal year and each fiscal year thereafter,
the superintendent shall make the following computations to determine
the inflation adjustment for the fiscal year in which the
computation is made:
(1) For the 1998-99 fiscal year, multiply the statewide target
amount per unit of average daily attendance for special education
local plan areas for the 1997-98 fiscal year computed pursuant to
paragraph (3) of Section 56836.11 by the inflation factor computed
pursuant to subdivision (b) of Section 42238.1 for the 1998-99 fiscal
year.
(2) For the 1999-2000 fiscal year and each fiscal year thereafter,
multiply the statewide target amount per unit of average daily
attendance for special education local plan areas for the prior
fiscal year computed pursuant to Section 56836.11 by the inflation
factor computed pursuant to subdivision (b) of Section 42238.1 for
the fiscal year in which the computation is made.
SEC. 23. Section 56836.10 of the Education Code is amended
to read:
56836.10. (a) The superintendent shall make the following
computations to determine the amount of funding per unit of average
daily attendance for each special education local plan area for the
1998-99 fiscal year:
(1) Divide the amount of funding for the special education local
plan area computed for the 1997-98 fiscal year pursuant to Section
56836.09 by the number of units of average daily attendance,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010 as that subdivision read on July
1, 1997, reported for the special education local plan area for the
1997-98 fiscal year.
(2) Add the amount computed in paragraph (1) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, the superintendent shall make the following computations
to determine the amount of funding per unit of average daily
attendance for each special education local plan area for the fiscal
year in which the computation is made:
(1) For the 1999-2000 fiscal year, divide the amount of funding
for the special education local plan area computed for the 1998-99
fiscal year pursuant to subdivision (a) of Section 56836.08 by the
number of units of average daily attendance reported for the special
education local plan area for the 1998-99 fiscal year.
(2) For the 2000-01 fiscal year, and each fiscal year thereafter,
divide the amount of funding for the special education local plan
area computed for the prior fiscal year pursuant to subdivision (b)
of Section 56836.08 by the number of units of average daily
attendance reported for the special education local plan area for the
prior fiscal year.
SEC. 15.
SEC. 24. Section 56836.11 of the Education Code is amended to
read:
56836.11. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the statewide target amount per unit of average daily
attendance for special education local plan areas:
(1) Total the amount of funding computed for each special
education local plan area pursuant to Section 56836.09 for the
1997-98 fiscal year.
(2) Total the number of units of average daily attendance reported
for each special education local plan area for the 1997-98 fiscal
year , exclusive of average daily attendance for absences
excused pursuant to subdivision (b) of Section 46010 as that section
read on July 1, 1996 .
(3) Divide the sum computed in paragraph (1) by the sum computed
in paragraph (2) to determine the statewide target amount for the
1997-98 fiscal year.
(4) Add the amount computed in paragraph (3) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year to determine the statewide target amount
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, to determine the statewide target amount per unit of
average daily attendance for special education local plan areas, the
superintendent shall multiply the statewide target amount per unit of
average daily attendance computed for the prior fiscal year pursuant
to this section by one plus the inflation factor computed pursuant
to subdivision (b) of Section 42238.1 for the fiscal year in which
the computation is made.
SEC. 25. Section 56836.12 of the Education Code is amended to
read:
56836.12. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the amount that each special education local plan area
that has an amount per unit of average daily attendance that is below
the statewide target amount per unit of average daily attendance may
request as an equalization adjustment:
(1) Subtract the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (a) of Section 56836.10 from the statewide target amount
per unit of average daily attendance determined pursuant to
subdivision (a) of Section 56836.11.
(2) If the remainder computed in paragraph (1) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the 1997-98 fiscal year , exclusive of average daily attendance
for absences excused pursuant to subdivision (b) of Section 46010 as
that section read on July 1, 1996 .
(b) Commencing with the 1999-2000 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount that
each special education local plan area that has an amount per unit of
average daily attendance that is below the statewide target amount
per unit of average daily attendance may request as an equalization
adjustment:
(1) Add to the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (b) of Section 56836.10 for the fiscal year in which the
computation is made the inflation adjustment computed pursuant to
subdivision (d) of Section 56836.08 for the fiscal year in which the
computation is made.
(2) Subtract the amount computed pursuant to paragraph (1) from
the statewide target amount per unit of average daily attendance
computed pursuant to subdivision (b) of Section 56936.11
56836.11 for the fiscal year in which the
computation is made.
(3) If the remainder computed in paragraph (2) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the prior fiscal year.
SEC. 26. Section 56836.15 of the Education Code is amended to
read:
56836.15. (a) In order to mitigate the effects of any declining
enrollment, commencing in the 1998-99 fiscal year, and each fiscal
year thereafter, the superintendent shall calculate allocations to
special education local plan areas based on the average daily
attendance reported for the special education local plan area for the
fiscal year in which the computation is made or the prior fiscal
year, whichever is greater. However, the prior fiscal year average
daily attendance reported for the special education local plan area
shall be adjusted for any loss or gain of average daily attendance
reported for the special education local plan area due to a
reorganization or transfer of territory in the special education
local plan area.
(b) For the 1998-99 fiscal year only, the prior year average
daily attendance used in this section shall be the 1997-98 average
daily attendance reported for the special education local plan area,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010 as that section read on July 1,
1996.
(c) If in the fiscal year for which the computation is made,
the number of units of average daily attendance upon which
allocations to the special education local plan area are based is
greater than the number of units of average daily attendance upon
which allocations to the special education local plan area were based
in the prior fiscal year, the special education local plan area
shall be allocated a growth adjustment equal to the product
determined by multiplying the amounts determined under paragraphs (1)
and (2).
(1) The statewide target amount per unit of average daily
attendance for special education local plan areas determined pursuant
to Section 56836.11.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
(c)
(d) If in the fiscal year for which the computation is made,
the number of units of average daily attendance upon which
allocations to the special education local plan area are based is
less than the number of units of average daily attendance upon which
allocations to the special education local plan area were based in
the prior fiscal year, the special education local plan area shall
receive a funding reduction equal to the product determined by
multiplying the amounts determined under paragraphs (1) and (2):
(1) The amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
SEC. 27. Section 56836.24 of the Education Code is amended
to read:
56836.24. Commencing with the 1998-99 fiscal year and each year
thereafter, the superintendent shall make the following computations
to determine the amount of funding for the purposes specified in
Section 56836.23 to apportion to each special education local plan
area for the fiscal year in which the computation is made:
(a) For the 1998-99 fiscal year the superintendent shall make the
following computations:
(1) Multiply the total amount of state General Fund money
allocated to the special education local plan areas in the 1997-98
fiscal year, for the purposes of Article 9 (commencing with Section
56780) of Chapter 7, as that chapter existed on December 31, 1998, by
one plus the inflation factor computed pursuant to subdivision (b)
of Section 42238.1 for the 1998-99 fiscal year.
(2) Divide the amount calculated in paragraph (1) by the units of
average daily attendance, exclusive of average daily attendance for
absences excused pursuant to subdivision (b) of Section 46010 as that
subdivision read on July 1, 1997, reported for the special education
local plan area for the 1997-98 fiscal year.
(3) To determine the amount to be allocated to each special
education local plan area in the 1998-99 fiscal year, the
superintendent shall multiply the amount computed in paragraph (2) by
the number of units of average daily attendance reported for the
special education local plan area for the 1998-99 fiscal year, except
that a special education local plan area designated as a necessary
small special education local plan area in accordance with Section
56212 and reporting fewer than 15,000 units of average daily
attendance for the 1998-99 fiscal year shall be deemed to have 15,000
units of average daily attendance, and no special education local
plan area shall receive less than it received in the 1997-98 fiscal
year.
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent shall make the following calculations:
(1) Multiply the amount determined in paragraph (2) of subdivision
(a) by one plus the inflation factor computed pursuant to
subdivision (b) of Section 42238.1 for the current fiscal year.
(2) Multiply the amount determined in paragraph (1) by the number
of units of average daily attendance reported for the special
education local plan area for the current fiscal year, except that a
special education local plan area designated as a necessary small
special education local plan area in accordance with Section 56212
and reporting fewer than 15,000 units of average daily attendance for
the current fiscal year shall be deemed to have 15,000 units of
average daily attendance.
SEC. 16.
SEC. 28. Section 8880.5 of the Government Code is amended to read:
8880.5. Allocations for education:
The California State Lottery Education Fund is created within the
State Treasury, and is continuously appropriated for carrying out the
purposes of this chapter. The Controller shall draw warrants on
this fund and distribute them quarterly in the following manner,
provided that the payments specified in subdivisions (a)
(b) to (h), inclusive, shall be equal per capita
amounts: amounts. Payments specified in
subdivision (a) shall be based on the equal per capita amount used
for subdivisions (b) to (h), inclusive, but shall be adjusted
pursuant to subdivision (m).
(a) Payments shall be made directly to public school districts,
including county superintendents of schools, serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, on the basis of an
equal amount , as adjusted pursuant to subdivision (m),
for each unit of average daily attendance, as defined by law.
(b) Payments shall also be made directly to public school
districts serving community colleges, on the basis of an equal amount
for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees
of the California State University on the basis of an amount for each
unit of equivalent full-time enrollment. Funds received by the
trustees shall be deposited in and expended from the California State
University Lottery Education Fund which is hereby created.
(d) Payments shall also be made directly to the Regents of the
University of California on the basis of an amount for each unit of
equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors
of the Hastings College of the Law on the basis of an amount for
each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the California
Maritime Academy Board of Governors on the basis of an amount for
each unit of equivalent full-time enrollment.
(g) Payments shall also be made directly to the Department of the
Youth Authority for educational programs serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, on the basis of an
equal amount for each unit of average daily attendance, as defined by
law.
(h) Payments shall also be made directly to the two California
Schools for the Deaf, the California School for the Blind, and the
three Diagnostic Schools for Neurologically Handicapped Children, on
the basis of an amount for each unit of equivalent full-time
enrollment.
(i) Payments shall also be made directly to the State Department
of Developmental Services and the State Department of Mental Health
for clients with developmental or mental disabilities who are
enrolled in state hospital education programs, including
developmental centers, on the basis of an equal amount for each unit
of average daily attendance, as defined by law.
(j) No Budget Act or other statutory provision shall direct that
payments for public education made pursuant to this chapter be used
for purposes and
programs (including workload adjustments and maintenance of the level
of service) authorized by Chapters 498, 565, and 1302 of the
Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or
Chapter 1 of the Statutes of 1984 the 1983-84
, Second Extraordinary Session.
(k) School districts and other agencies receiving funds
distributed pursuant to this chapter may at their option utilize
funds allocated by this chapter to provide additional funds for those
purposes and programs prescribed by subdivision (j) for the purpose
of enrichment or expansion.
(l) As a condition of receiving any moneys pursuant to subdivision
(a) or (b), each district and county superintendent of schools shall
establish a separate account for the receipt and expenditure of
those moneys, which account shall be clearly identified as a lottery
education account.
It
(m) Commencing with the 1998-99 fiscal year, and each year
thereafter, the Controller shall increase the equal amount for each
unit of average daily attendance allocated pursuant to subdivision
(a) by an adjustment factor that compensates for the statewide
average percent of decrease in average daily attendance for the
1996-97 fiscal year resulting from exclusion of attendance credit for
excused absences consistent with the provisions of Chapter 855 of
the Statutes of 1997. The statewide average percentage of decrease,
and the corresponding adjustment factor required for the operation of
this subdivision, shall be certified to the State Controller by the
Superintendent of Public Instruction.
(n) It is the intent of this chapter that all funds
allocated from the California State Lottery Education Fund shall be
used exclusively for the education of pupils and students and no
funds shall be spent for acquisition of real property, construction
of facilities, financing of research, or any other noninstructional
purpose.
SEC. 29. The Legislature finds and declares that Section 28 of
this act furthers the purposes of the California State Lottery Act of
1984.
SEC. 30. 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. 17.
SEC. 31. 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 compile and review school attendance information in a
timely manner and to make important statutory changes relating
to school finance for the 1998-99 fiscal year , it is necessary
that this act to go into effect
immediately. ____ CORRECTIONS Text --
Pages 12 and 13. ____