BILL NUMBER: AB 1600	CHAPTERED  10/10/99

	CHAPTER   646
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN SENATE   JUNE 15, 1999

INTRODUCED BY   Committee on Education (Mazzoni (Chair), Campbell
(Vice Chair), Baldwin, Calderon, Correa, Cunneen, Davis, Honda,
Nakano, Robert Pacheco, Scott, Strom-Martin, Washington, and Zettel)
   (Coauthors:  Assembly Members Alquist and Leach)

                        FEBRUARY 26, 1999

   An act to amend Sections 1317, 8208, 8359, 10554, 15120, 17150,
17578, 18181, 18182, 32228.1, 32228.2, 35254, 41023, 41852, 42238,
44498, 44503, 44504, 44505, 44506, 44507, 44579.4, 44695, 44695.7,
45023.4, 47632, 47634, 47636, 47642, 47646, 47660, 48660, 48661,
48900.3, 48916.1, 52244, 52853, 56045, and 60119 of, to add Sections
8261.5, 18185, 32228.5, 41344.2, 47613.1, 47634.3, and 47652 to, to
add Part 23.5 (commencing with Section 39800) to, to add and repeal
Section 41344.1 of, to repeal Sections 41380, 42101, and 60511 of, to
repeal Article 3 (commencing with Section 38150) of, and Article 4
(commencing with Section 38155) of, Chapter 4 of, and to repeal
Chapter 2 (commencing with Section 38020) of, Part 23 of, to repeal
Chapter 1 (commencing with Section 58000) of Part 31 of, the
Education Code, to amend Section 628.2 of the Penal Code, to amend
Sections 97.2 and 97.3 of the Revenue and Taxation Code, to amend
Section 2 of Chapter 3 of the Statutes of the 1999-2000 First
Extraordinary Session, to amend Items 6110-122-0001, 6110-186-0001,
6110-495, and 6110-498 of Section 2.00 of Chapter 50 of, and to amend
Section 65 of Chapter 78 and Section 6 of Chapter 152 of, the
Statutes of 1999, relating to education, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1600, Committee on Education.  Education.
   (1) Existing law provides for the adoption of the merit system for
classified county school employees in certain circumstances.  A
county office of education adopting the merit system is required to
cause a personnel commission to be appointed in a prescribed manner.

   This bill would authorize any personnel commission in a county of
a third class to, upon meeting certain requirements, adopt a
regulation providing for the appointment of one or more alternate
members of the personnel commission.
   (2) Existing law defines various terms for purposes of the Child
Care and Development Services Act, including the term "cost."  Under
existing law, the term "cost" includes amounts for licensable
facilities in the community served by a child care program, including
lease payments or depreciation and payments of principal and
interest on loans incurred to acquire, rehabilitate, or construct
licensable facilities.
   This bill would provide that the term "cost" also includes down
payments for licensable facilities in the community served by a child
care program.
   (3) Existing federal law requires the State Department of
Education to report information to the federal government regarding
the expenditure of funding pursuant to the federal Child Care and
Development Fund, including the social security number of the head of
household of family units that receive services funded thereby.
   This bill would authorize the Superintendent of Public Instruction
to require the collection and submission of social security numbers
of heads of households, and other information as required, from
public and private agencies contracting with the State Department of
Education, including local educational agencies.
   (4) Existing law requires county welfare departments and
alternative payment programs to provide certain data regarding child
care usage and demand by recipients of the CalWORKs Program to the
State Department of Education or the State Department of Social
Services and the local planning council, on a quarterly basis.
   This bill would instead require county welfare departments and
alternative payment programs to provide the data on a monthly basis,
thereby imposing a state-mandated local program.
   (5) Under existing law there is a Educational Telecommunication
Fund, which becomes inoperative on January 1, 2000.
   This bill would continue the fund until January 1, 2001.
   (6) Existing law requires notice of an election for the sale of
bonds of school districts and community college districts to include
the maximum number of years, not to exceed 25, for which the bonds
may run.
   This bill would instead require notice of an election for the sale
of bonds of school districts and community college districts to
include the maximum number of years, not to exceed 40, for which the
bonds may run.
   (7) Existing law, the California Public School Library Act of
1998, provides funding through the continuously appropriated
California Public School Library Protection Fund to school districts
for library resources.
   This bill would provide that a county office of education may
receive funding commencing in the 1999-2000 fiscal year under the
act, thereby making an appropriation.
   (9) Under existing law, upon approval by the governing board of
the school district to proceed with the issuance of certificates for
participation revenue bonds or to enter into any agreement for
certain financing school construction pursuant, the school district
is required to notify the county superintendent of the school
district to provide the repayment schedules for that debt obligation,
and evidence of the ability of the school district to repay that
obligation, to the county auditor, the county superintendent, the
governing board, and the public.
   This bill would provide that prior to the delivery of the notice,
neither the county nor any of its officers have any responsibility
for the administration of the schools indebtedness and that failure
to comply with other requirements does not affect the validity of the
indebtedness.
   (10) Under the California Public School Library Act of 1998, as a
condition of receiving funding under for the establishment and
maintenance of school libraries, school districts are required to
develop a districtwide school library plan and the local school
district governing board is required to certify approval of the plan.
  In developing the plan, school districts are encouraged to include
school library media teachers.
   This bill would apply these provisions to county offices of
education.
   (11) Existing law establishes the School Safety and Violence
Prevention Act, whereby funds are allocated to school districts on
the basis of enrollment.
   This bill would provide that the funds be allocated on the basis
of prior year enrollment as reported by the California Basic
Educational Data System.  The bill would provide that the number of
schoolsites in each district that receive funding under the act would
be equal to the number of county-district-school codes for that
school district.  The bill would also require the Superintendent of
Public Instruction to report annually regarding the use of funds
under the act.
   (12) Existing law authorizes the governing board of a school
district to make photographic or microfilm copies of any records of
the district.
   This bill would authorize the governing board of a school district
also to make electronic copies of any records of the district.
   (13) Existing law, which becomes operative January 1, 2000,
requires the governing board of each district maintaining any or all
of grades 7 to 12, inclusive, to offer, and authorizes a charter
school that maintains any or all of those grades to offer, summer
school instructional programs for pupils enrolled in those grades who
do not demonstrate sufficient progress toward passing the high
school exit examination.
   Existing law requires the governing board of each district
maintaining any or all of grades 2 to 9, inclusive, to offer, and
authorizes a charter school maintaining any or all of those grades to
offer, programs of direct, systematic, and intensive supplemental
instruction to pupils enrolled in those grades who have been
retained.  Existing law also authorizes each charter school and the
governing board of each district maintaining any or all of grades 2
to 6, inclusive, to offer programs of direct, systematic, and
intensive supplemental instruction to pupils enrolled in those grades
with low mathematics, reading, or written expression scores to allow
those pupils to achieve proficiency in standards adopted by the
State Board of Education.
   Existing law authorizes the governing board of any school district
that offers summer school instructional programs, and a charter
school, to offer summer school programs for instruction in
mathematics, science, or other core academic areas.
   Under existing law, these 3 types of educational services are
required to be offered during the summer, after school, on Saturdays,
or during intersession, or in a combination of summer school, after
school, Saturday, or intersession instruction.
   This bill would also permit the educational services to be offered
before school.
   (14) Existing law provides for the provision of transportation
services by school districts and contains provisions that govern the
minimum training required for drivers to obtain or renew a
certificate to operate a school pupil activity bus, transit bus,
schoolbus, and farm labor vehicles.
   This bill would repeal and reenact these provisions and would make
technical, nonsubstantive changes in those provisions.  This bill
would provide that one of these provisions would not become operative
if AB 15 of the 1999-2000 Regular Session is chaptered and adds a
particular section to the Education Code.
   (15) Under existing law, a local education agency may be required
to repay an apportionment significant audit exception resulting from
an audit or review, which may not be waived by the State Board of
Education.
   This bill would authorize the State Board of Education to consider
and act upon requests to retroactively waive any provision of the
Education Code or any regulation adopted by the State Board of
Education that is the basis of an apportionment significant audit if
the request was received in writing by the State Department of
Education prior to July 7, 1999.
   (16) Under existing law, for the 1998-99 school year, a school
district may request the State Board of Education to provide a waiver
of instructional time requirements under specified conditions.
   This bill would instead provide that a school district may make
the request on or before October 31, 1999, and the State Board of
Education may provide, a waiver of instructional time requirements if
the conditions are met.
   (17) Existing law authorizes the Covina Valley Unified School
District to conduct an experimental kindergarten program.
   This bill would delete this provision.
   (18) Existing law requires the Superintendent of Public
Instruction to annually compute a general-purpose entitlement, as
defined, and a categorical block grant amount, as defined, for each
charter school.
   This bill would make technical clarifying changes to these funding
provisions.  The bill would require the superintendent to compute
average daily attendance for these purposes utilizing a statutory
formula, would permit a charter school in its first year of operation
to be eligible for an advanced apportionment based on an estimate of
average daily attendance, and would revise the method for
calculating a sponsoring school district's average daily attendance.

   (19) Existing law requires the governing board of each school
district to approve, on a form prescribed by the Superintendent of
Public Instruction, an annual statement of all receipts and
expenditures of the district for the preceding fiscal year.
   This bill would delete a duplicative provision requiring the
statement to be in the form prescribed by the Superintendent of
Public Instruction.
   (20) Existing law authorizes the establishment of community day
schools for pupils in kindergarten or any of grades 1 to 12,
inclusive, who are expelled, probation referred, or referred by a
school attendance review board.  Existing law prohibits a community
day school serving kindergarten or grades 1 to 12, inclusive, from
being situated on the same site as an elementary, middle, junior
high, comprehensive senior high, opportunity, or continuation school
unless it is certified that no satisfactory alternative facilities
are available.  Certifications regarding the unavailability of these
facilities for community day schools serving kindergarten or any of
grades 1 to 6, inclusive, may be made by any school district, but
certifications regarding the unavailability of these facilities for
community day schools that serve any of grades 7 to 12, inclusive, or
grades 7 to 9, inclusive, may be made only by districts with 2,500
or fewer units of average daily attendance.
   This bill would provide that, if a school district is organized as
a district that offers instruction in kindergarten and grades 1 to
8, inclusive, the governing board may establish a community day
school program for kindergarten and grades 1 to 8, inclusive, upon a
2/3 vote of the board and would authorize those school districts to
make the aforementioned certification without regard to the number of
units of average daily attendance.  The bill would provide that a
charter school may not receive funding as a community day school
unless it meets all of the conditions of apportionment.
   (21) Under existing law, the California Mentor Teacher Program
will become inoperative on July 1, 2001, and will be repealed as of
January 1, 2002.  Existing law establishes the California Peer
Assistance and Review Program for Teachers, which will become fully
operational on July 1, 2001, to replace the California Mentor Teacher
Program.
   Existing law provides that, when a school district notifies the
Superintendent of Public Instruction that it plans to implement a
program pursuant to the California Peer Assistance and Review Program
for Teachers, the California Mentor Teacher Program will no longer
apply to that district.
   This bill would require the superintendent to continue to
apportion funding to the school district pursuant to the California
Mentor Teacher Program for the 1999-2000 and 2000-01 fiscal years.
The bill would also modify the formula for the amount the
Superintendent of Public Instruction is required to apportion to
school districts participating in the California Peer Assistance and
Review Program for Teachers.
   This bill would require that California Mentor Teacher Program
funding allocated but unclaimed by individual local education
agencies at the end of the 1998-99 and the 1999-2000 fiscal years be
offset from program funds advanced for the succeeding fiscal year,
provided sufficient funds are available.  The bill would provide that
mentor teacher support funding that has been claimed, but remains
unexpended, may be carried over and used for the purposes of the
California Peer Assistance and Review Program for Teachers, thereby
making an appropriation.
   The bill would also require the Superintendent of Public
Instruction to determine a base funding rate for the California Peer
Assistance and Review Program for Teachers commencing in the 2001-02
school year.
   (22) Existing law requires the State Department of Education to
administer a program of staff development grants to reimburse school
districts and county offices of education for teachers to take
mathematics courses at institutions of higher education in
California.
   This bill would instead authorize funding for mathematics courses
at institutions of higher education, regardless of whether the
institutions of higher education are in California.
   (22.5) Under existing law, the Superintendent of Public
Instruction is required to annually compute a general-purpose
entitlement, funded from a combination of state aid and local funds,
for each charter school that elects to be funded in this manner.
   This bill would provide for certain apportionments in the
1999-2000, 2000-01, and 2001-02 fiscal years to be made to those
charter schools that elect not to be funded pursuant to this
general-purpose entitlement.
   (23) Existing law establishes a pilot grant program, administered
by the State Department of Education, for the award of grants to
cover the costs of advanced placement examination fees.
   This bill would authorize the State Department of Education to
enter into a contract with the  provider of advanced placement
examinations.
   (23) Existing law establishes the School-Based Program
Coordination Act. Under existing law, schools that participate in
school-based coordinated categorical programs are required to develop
a school plan.
   This bill would require the school plan to include the proposed
expenditure of funds available to the school through the federal
Improving America's Schools Act of 1994 and its amendments.
   (24) Existing law relating to special education requires the
Superintendent of Public Instruction to notify each member of the
governing board of a local education agency when the superintendent
determines that the local educational agency is not in substantial
compliance with pertinent laws.
   This bill would instead require the superintendent to notify
members of the governing board of a local educational agency when the
superintendent determines the local educational agency is not in
substantial compliance with pertinent laws.
   (25) Existing law establishes the Demonstration Scholarship Act of
1973.
   This bill would repeal the Demonstration Scholarship Act of 1973.

   (26) Existing law requires the State Department of Education to
identify and analyze trends in school crime.
   This bill would also require the department to analyze trends in
school crime.
   (27) Existing law provides that any organization, agency, or
institution receiving obsolete instructional materials must certify
to the governing board that it agrees to use the materials for
educational purposes and agrees not to charge any person or
organization using the materials.
   This bill would delete this provision.
   (28) Under existing law, for the 1994-95 fiscal year and each
fiscal year thereafter, in order to be eligible to receive funds
available for instructional materials on alcohol and drug education,
the governing board of a school district is required to take
specified actions.
   This bill would instead provide that for the 1999-2000 fiscal year
and each fiscal year thereafter the governing board is required to
take these actions to receive these funds.  The bill would also
provide that the governing board of a school district is eligible to
receive funds available for the purposes of this article for the
1994-95 fiscal year to the 1998-99 fiscal year, inclusive, whether or
not the governing board took the required actions.
   (29) Existing law appropriates $32,446,000 from the Federal Trust
Fund to the Superintendent of Public Instruction for allocation to
school districts for purposes of providing funding for planning and
grants for implementing the Immediate Intervention/Underperforming
Schools Program.
   This bill would instead provide that the amount would be allocated
for purposes of implementing comprehensive school reform pursuant to
federal law, thereby making an appropriation.
   (30) Existing law reappropriates $15,471,000 from the Proposition
98 Reversion Account to the Superintendent of Public Instruction,
including $2,000,000 for allocation to provide matching grants to
school districts for the improvement or replacement of schoolsite
playground equipment and $250,000 for allocation to the Los Angeles
Unified School District for the Los Angeles High School for the Arts
and the California Academy of Math and Science.
   This bill would provide that the $2,000,000 would be allocated to
the Superintendent of Public Instruction for allocation to the school
districts.  The bill would also provide that the $250,000 would be
allocated to the Los Angeles County Office of Education and the Long
Beach Unified School District instead of the Los Angeles Unified
School District.
   (31) The Budget Act of 1999, among other things, appropriated
$4,506,000 to the State Department of Education for local assistance
for specialized secondary programs.
   This bill would reduce this appropriation to $4,462,000.
   (32) The Budget Act of 1999, among other things, appropriated
$1,799,000 to the State Department of Education for local assistance
for instructional materials to provide an adjustment for increases in
average daily attendance at a rate of 2.49%.
   This bill would revise that percentage to 1.47.
   (33) This bill would provide that Section 39831.5 of the Education
Code, as added by this bill, would not become operative if AB 1573
is chaptered and becomes operative and amends and renumbers Section
38048 of the Education Code.
   (34) This bill would provide that certain of its provisions would
apply to the entire 1999-2000 fiscal year regardless of the effective
date of this bill.
  (35) The appropriations made by this bill would be applied toward
the minimum funding requirements for school districts and community
college districts imposed by Section 8 or Article XVI of the
California Constitution.
   (36) 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.
   Appropriation:  yes.


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


  SECTION 1.  Section 1317 of the Education Code is amended to read:

   1317.  (a) The county board of education shall adopt the merit
system as provided in Article 6 (commencing with Section 45240) of
Chapter 5 of Part 25 of Division 3 of Title 2, and Article 3
(commencing with Section 88060) of Chapter 4 of Part 51 of Division 7
of Title 3, if the county has a merit (civil service) system in
effect at the time of the adoption of this article as provided in
Section 1310.
   (b) Notwithstanding Article 6 (commencing with Section 45240) of
Chapter 5 of Part 25, any personnel commission in a county of the
third class, as described in Section 2562, may, after a public
hearing, and after consultation with all affected employee
organizations, adopt a regulation providing for the appointment of
one or more alternate members of the personnel commission.  The
appointment of any alternate member shall be with the concurrence of
all affected employee organizations.  Thereafter, an alternate may
serve only in the absence of a regular commission member.
   (c) This section shall not apply to a county board of education
which has been transferred specific duties and functions of the
county board of supervisors pursuant to Section 1080 on or after June
1, 1977.
  SEC. 2.  Section 8208 of the Education Code is amended to read:
   8208.  As used in this chapter:
   (a) "Alternative payments" includes payments that are made by one
child care agency to another agency or child care provider for the
provision of child care and development services, and payments that
are made by an agency to a parent for the parent's purchase of child
care and development services.
   (b) "Alternative payment program" means a local government agency
or nonprofit organization that has contracted with the department
pursuant to Section 8220.2 to provide alternative payments and to
provide support services to parents and providers.
   (c) "Applicant or contracting agency" means a school district,
community college district, college or university, county
superintendent of schools, county, city, public agency, private
nontax-exempt agency, private tax-exempt agency, or other entity that
is authorized to establish, maintain, or operate services pursuant
to this chapter.  Private agencies and parent cooperatives, duly
licensed by law, shall receive the same consideration as any other
authorized entity with no loss of parental decisionmaking
prerogatives as consistent with the provisions of this chapter.
   (d) "Assigned reimbursement rate" is that rate established by the
contract with the agency and is derived by dividing the total dollar
amount of the contract by the minimum child day of average daily
enrollment level of service required.
   (e) "Attendance" means the number of children present at a child
care and development facility.  "Attendance," for the purposes of
reimbursement, includes excused absences by children because of
illness, quarantine, illness or quarantine of their parent, family
emergency, or to spend time with a parent or other relative as
required by a court of law or that is clearly in the best interest of
the child.
   (f) "Capital outlay" means the amount paid for the renovation and
repair of child care and development facilities to comply with state
and local health and safety standards, and the amount paid for the
state purchase of relocatable child care and development facilities
for lease to qualifying contracting agencies.
   (g) "Caregiver" means a person who provides direct care,
supervision, and guidance to children in a child care and development
facility.
   (h) "Child care and development facility" means any residence or
building or part thereof in which child care and development services
are provided.
   (i) "Child care and development programs" means those programs
that offer a full range of services for children from infancy to 14
years of age, for any part of a day, by a public or private agency,
in centers and family child care homes.  These programs include, but
are not limited to, all of the following:
   (1) Campus child care and development.
   (2) General child care and development.
   (3) Intergenerational child care and development.
   (4) Migrant worker child care and development.
   (5) Schoolage parenting and infant development.
   (6) State preschool.
   (7) Resource and referral.
   (8) Severely handicapped.
   (9) Family day care.
   (10) Alternative payment.
   (11) Child abuse protection and prevention services.
   (12) Schoolage community child care.
   (j) "Child care and development services" means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite.  These
services may include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.
   (k) "Children at risk of abuse, neglect, or exploitation" means
children who are so identified in a written referral from a legal,
medical, or social service agency, or emergency shelter.
   (l) "Children with exceptional needs" means children who have been
determined to be eligible for special education and related services
by an individualized education program team according to the special
education requirements contained in Part 30 (commencing with Section
56000), and meeting eligibility criteria described in Section 56026
and Sections 56333 to 56338, inclusive, and Sections 3030 and 3031 of
Title 5 of the California Code of Regulations.  These children have
an active individualized education program, and are receiving
appropriate special education and services, unless they are under
three years of age and permissive special education programs are
available.  These children may be developmentally disabled,
hard-of-hearing, deaf, speech impaired, visually handicapped,
seriously emotionally disturbed, orthopedically impaired, other
health impaired, deaf-blind, multihandicapped, or children with
specific learning disabilities, who require the special attention of
adults in a child care setting.
   (m) "Children with special needs" includes infants and toddlers
under the age of three years; limited-English-speaking-proficient
children; children with exceptional needs; limited-English-proficient
handicapped children; and children at risk of neglect, abuse, or
exploitation.
   (n) "Closedown costs" means reimbursements for all approved
activities associated with the closing of operations at the end of
each growing season for migrant child development programs only.
   (o) "Cost" includes, but is not limited to, expenditures that are
related to the operation of child care and development programs.
"Cost" may include a reasonable amount for state and local
contributions to employee benefits, including approved retirement
programs, agency administration, and any other reasonable program
operational costs.  "Cost" may also include amounts for licensable
facilities in the community served by the program, including lease
payments or depreciation, down payments, and payments of principal
and interest on loans incurred to acquire, rehabilitate, or construct
licensable facilities, but these costs shall not exceed fair market
rents existing in the community in which the facility is located.
"Reasonable and necessary costs" are costs that, in nature and
amount, do not exceed what an ordinary prudent person would incur in
the conduct of a competitive business.
   (p) "Elementary school," as contained in Section 425 of Title 20
of the United States Code (the National Defense Education Act of
1958, Public Law 85-864, as amended), includes early childhood
education programs and all child development programs, for the
purpose of the cancellation provisions of loans to students in
institutions of higher learning.
   (q) "Health services" include, but are not limited to, all of the
following:
   (1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.
   (2) Health screening and health treatment, including a full range
of immunization recorded on the appropriate state immunization form
to the extent provided by the Medi-Cal Act (Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code) and the Child Health and Disability Prevention
Program (Article 6 (commencing with Section 124025) of Chapter 3 of
Part 2 of Division 106 of the Health and Safety Code), but only to
the extent that ongoing care cannot be obtained utilizing community
resources.
   (3) Health education and training for children, parents, staff,
and providers.
   (4) Followup treatment through referral to appropriate health care
agencies or individual health care professionals.
   (r) "Higher educational institutions" means the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Community
Colleges, and the governing bodies of any accredited private
nonprofit institution of postsecondary education.
   (s) "Intergenerational staff" means persons of various
generations.
   (t) "Limited-English-speaking-proficient and
non-English-speaking-proficient children" means children who are
unable to benefit fully from an English-only child care and
development program as a result of either of the following:
   (1) Having used a language other than English when they first
began to speak.
   (2) Having a language other than English predominantly or
exclusively spoken at home.
   (u) "Parent" means any person living with a child who has
responsibility for the care and welfare of the child.
   (v) "Program director" means a person who, pursuant to Sections
8244 and 8360.1, is qualified to serve as a program director.
   (w) "Proprietary child care agency" means an organization or
facility providing child care, which is operated for profit.
   (x) "Resource and referral programs" means programs that provide
information to parents, including referrals and coordination of
community resources for parents and public or private providers of
care.  Services frequently include, but are not limited to:
technical assistance for providers, toy-lending libraries,
equipment-lending libraries, toy- and equipment-lending libraries,
staff development programs, health and nutrition education, and
referrals to social services.
   (y) "Severely handicapped children" are children who require
instruction and training in programs serving pupils with the
following profound disabilities:  autism, blindness, deafness, severe
orthopedic impairments, serious emotional disturbance, or severe
developmental disability.  These children, ages birth to 21 years,
inclusive, may be assessed by public school special education staff,
regional center staff, or another appropriately licensed clinical
professional.
   (z) "Short-term respite child care" means child care service to
assist families whose children have been identified through written
referral from a legal, medical, or social service agency, or
emergency shelter as being neglected, abused, exploited, or homeless,
or at risk of being neglected, abused, exploited, or homeless.
Child care is provided for less than 24 hours per day in child care
centers, treatment centers for abusive parents, family child care
homes, or in the child's own home.
   (aa) (1) "Site supervisor" means a person who, regardless of his
or her title, has operational program responsibility for a child care
and development program at a single site.  A site supervisor shall
hold a permit issued by the Commission on Teacher Credentialing that
authorizes supervision of a child care and development program
operating in a single site.  The Superintendent of Public Instruction
may waive the requirements of this subdivision if the superintendent
determines that the existence of compelling need is appropriately
documented.
   (2) In respect to state preschool programs, a site supervisor may
qualify under any of the provisions in this subdivision, or may
qualify by holding an administrative credential or an administrative
services credential. A person who meets the qualifications of a site
supervisor under both Section 8244 and subdivision (e) of Section
8360.1 is also qualified under this subdivision.
   (ab) "Standard reimbursement rate" means that rate established by
the Superintendent of Public Instruction pursuant to Section 8265.
   (ac) "Startup costs" means those expenses an agency incurs in the
process of opening a new or additional facility prior to the full
enrollment of children.
   (ad) "State preschool services" means part-day educational
programs for low-income or otherwise disadvantaged
prekindergarten-age children.
   (ae) "Support services" means those services which, when combined
with child care and development services, help promote the healthy
physical, mental, social, and emotional growth of children.  Support
services include, but are not limited to:  protective services,
parent training, provider and staff training, transportation, parent
and child counseling, child development resource and referral
services, and child placement counseling.
   (af) "Teacher" means a person with the appropriate permit issued
by the Commission on Teacher Credentialing who provides program
supervision and instruction which includes supervision of a number of
aides, volunteers, and groups of children.
   (ag) "Underserved area" means a county or subcounty area,
including, but not limited to, school districts, census tracts, or
ZIP Code areas, where the ratio of publicly subsidized child care and
development program services to the need for these services is low,
as determined by the Superintendent of Public Instruction.
   (ah) "Workday" means the time that the parent requires temporary
care for a child for any of the following reasons:
   (1) To undertake training in preparation for a job.
   (2) To undertake or retain a job.
   (3) To undertake other activities that are essential to
maintaining or improving the social and economic function of the
family, are beneficial to the community, or are required because of
health problems in the family.
  SEC. 3.  Section 8261.5 is added to the Education Code, to read:
   8261.5.  For purposes of meeting state and federal reporting
requirements and for the effective administration of child care and
development programs, the Superintendent of Public Instruction is
authorized to require the collection and submission of social
security numbers of heads of households, and other information as
required, from public and private agencies contracting with the State
Department of Education pursuant to this chapter, including local
educational agencies.
  SEC. 4.  Section 8359 of the Education Code is amended to read:
   8359.  (a) County welfare departments and alternative payment
programs shall provide to the State Department of Education or the
State Department of Social Services, whichever is appropriate, and
the local planning council, on a monthly basis, data about child care
usage and demand in each of the three stages.  The State Department
of Education and the State Department of Social Services shall
forward this data quarterly to the Department of Finance and the
Joint Legislative Budget Committee for fiscal planning.
   (b) By January 10 of each year, the Department of Finance shall
present to the respective legislative budget committees an estimate
of the cost of funding the expected demand for child care as
described in subdivision (a) of Section 8351 and Sections 8353 and
8354.
  SEC. 5.  Section 10554 of the Education Code is amended to read:
   10554.  (a) In order for the governing board to carry out its
responsibilities pursuant to this chapter, there is hereby
established the Educational Telecommunication Fund.  The amount of
moneys to be deposited in the fund shall be the amount of any offset
made to the principal apportionments made pursuant to Sections 1909,
2558, 42238, 52616, Article 1.5 (commencing with Section 52335) of
Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section 56836)
of Part 30, based on a finding that these apportionments were not in
accordance with law.  The maximum amount that may be annually
deposited in the fund from the offset shall be one million dollars
($1,000,000), or if the total of the offset is less than one million
dollars ($1,000,000), then the total amount of the offset.  The
Controller shall establish an account to receive and expend moneys in
the fund.  The placement of the moneys in the fund shall occur only
upon a finding by the Superintendent of Public Instruction and the
Director of Finance that the principal apportionments made pursuant
to Sections 1909, 2558, 42238, 52616, and Article 1.5 (commencing
with Section 52335) of Chapter 9 of Part 28, and Chapter 7.2
(commencing with Section 56836) of Part 30, were not in accordance
with existing law, and were so identified pursuant to Sections 1624,
14506, 41020, 41020.2, 41320, 42127.2, and 42127.3, or an independent
audit that was approved by the State Department of Education.
   (b) Moneys in the fund established pursuant to subdivision (a)
shall only be available for expenditure upon appropriation by the
Legislature in the Budget Act.
   (c) The moneys in the fund established pursuant to subdivision (a)
may be expended by the governing board to carry out the purposes of
this chapter, including for the following purposes:
   (1) To support the activities of the team established pursuant to
subdivision (c) of Section 10551.
   (2) To assist the school districts and county superintendents of
schools in purchasing both hardware and software to allow school
districts, county superintendents of schools, and the State
Department of Education to be linked for school business and
administrative purposes.  The governing board shall establish a
matching share requirement that applicant school districts and county
superintendents of schools must fulfill to receive those funds.  It
is the intent of the Legislature to encourage the distribution of
grants to school districts and county superintendents of schools to
the widest extent possible.
   (3) To provide technical assistance through county offices of
education to school districts in implementing the standards
established pursuant to subdivision (a) of Section 10552.
   (d) This section shall become inoperative as of January 1, 2001.

  SEC. 6.  Section 15120 of the Education Code is amended to read:
   15120.  (a) The election shall be conducted as provided in Chapter
3 (commencing with Section 5300) of Part 4, except with respect to
each of the following:
   (1) As otherwise provided in Sections 15100 to 15126, inclusive.
   (2) That the formal notice of the election shall contain, in
addition to the items specified in Section 5361, each of the
following:
   (A) The purposes for which the bonds are to be issued.
   (B) The amount of the bonds.
   (C) The maximum rate of interest, not to exceed the maximum rate
of interest allowed by Sections 15140 to 15143.
   (D) The maximum number of years, not to exceed 40, not to exceed
which the bonds or any series thereof are to run.
   (b) No election shall be held under this section in any school
district for a period of 90 days after the election in the same
school district.
  SEC. 7.  Section 17578 of the Education Code is amended to read:
   17578.  The governing board of each district maintaining a high
school shall provide for the annual cleaning, sterilizing, and
necessary repair of football equipment of their respective schools
pursuant to Sections 17579 and 17580.
  SEC. 8.  Section 18185 is added to the Education Code, to read:
   18185.  For purposes of this article, a county office of education
shall be deemed to be a school district.
  SEC. 9.  Section 17150 of the Education Code is amended to read:
   17150.  (a) Upon the approval by the governing board of the school
district to proceed with the issuance of certificates of
participation revenue bonds or to enter into any agreement for
financing school construction pursuant to Chapter 28 (commencing with
Section 17870), the school district shall notify the county
superintendent of schools and the county auditor.  The superintendent
of the school district shall provide the repayment schedules for
that debt obligation, and evidence of the ability of the school
district to repay that obligation, to the county auditor, the county
superintendent, the governing board, and the public.  Within 15 days
of the receipt of the information, the county superintendent of
schools and the county auditor may comment publicly to the governing
board of the school district regarding the capability of the school
district to repay that debt obligation.
   (b) Upon the approval by the county board of education to proceed
with the issuance of certificates of participation or revenue bonds
or to enter into any agreement for financing pursuant to Chapter 28
(commencing with Section 17870), the county superintendent of schools
or superintendent of a school district for which the county board
serves as governing board shall notify the Superintendent of Public
Instruction.  The county superintendent of schools or the
superintendent of a school district for which the county board serves
as the governing board shall provide the repayment schedules for
that debt obligation and evidence of the ability of the county office
of education or school district to repay that obligation, to the
Superintendent of Public Instruction, the governing board, and the
public.  Within 15 days of the receipt of the information the
Superintendent of Public Instruction may comment publicly to the
county board of education regarding the capability of the county
office of education or school district to repay that debt obligation.

   (c) Prior to delivery of the notice required by subdivision (a)
neither the county nor any of its officers shall have any
responsibility for the administration of the school district's
indebtedness.  Failure to comply with the requirements of this
section will not affect the validity of the indebtedness.
  SEC. 9.2.  Section 18181 of the Education Code is amended to read:

   18181.  (a) The California Public School Library Act of 1998 is
hereby established to be administered by the Superintendent of Public
Instruction.  As a condition of receiving funding under this
article, school districts shall develop a districtwide school library
plan and the local school district governing board shall certify
approval of the plan.  In developing the plan, school districts are
encouraged to include school library media teachers.  If a school
library media teacher is not employed at a school, schools are
encouraged to involve a school library media teacher employed by the
district or county office of education in the development of the
plan.  Charter schools may apply for funding on their own behalf or
through their chartering entity.  Notwithstanding Section 47610,
charter schools applying on their own behalf are required to develop
and certify approval of a school library plan.
   (b) A county office of education that complies with this section
may receive funding under the article commencing in the 1999-2000
fiscal year.
  SEC. 9.4.  Section 18182 of the Education Code is amended to read:

   18182.  If the annual Budget Act contains an appropriation for
purposes of this article, those funds shall be transferred to the
California Public School Library Protection Fund by the Controller to
augment the funds appropriated for the California Public Library
Protection Act (Art. 6 (commencing with Sec. 18175)).
Notwithstanding Article 6 (commencing with Section 18175), the
combined appropriation shall be apportioned to school districts and
county offices of education on an equal amount per unit of regular
average daily attendance reported in the second principal
apportionment of the prior fiscal year.  The funds shall be expended
to support the districtwide school library plan as required by
Section 18181.
  SEC. 9.5.  Section 32228.1 of the Education Code, as added by
Chapter 51 of the Statutes of 1999, is amended to read:
   32228.1.  (a) The School Safety and Violence Prevention Act is
hereby established.  This statewide program shall be administered by
the Superintendent of Public Instruction, who shall provide funds to
school districts serving pupils in any of grades 8 to 12, inclusive,
for the purpose of promoting school safety and reducing schoolsite
violence.  As a condition of receiving funds pursuant to this
article, an eligible school district shall certify, on forms and in a
manner required by the Superintendent of Public Instruction, that
the funds will be used as described in this section.
   (b) From funds appropriated in the annual Budget Act or any other
measure, funds shall be allocated to school districts on the basis of
prior year enrollment, as reported by the California Basic
Educational Data System, of pupils in grades 8 to 12, inclusive, for
any one or more of the following purposes:
   (1) Providing schools with personnel, including, but not limited
to, licensed or certificated school counselors, school social
workers, school nurses, and school psychologists, who are trained in
conflict resolution.  Any law enforcement personnel hired pursuant to
this article shall be trained and sworn peace officers.
   (2) Providing effective and accessible on-campus communication
devices and other school safety infrastructure needs.
   (3) Establishing an in-service training program for school staff
to learn to identify at-risk pupils, to communicate effectively with
those pupils, and to refer those pupils to appropriate counseling.
   (4) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.

   (5) For any other purpose that the school or school district
determines that would materially contribute to meeting the goals and
objectives of current law in providing for safe schools and
preventing violence among pupils.
  SEC. 9.7.  Section 32228.2 of the Education Code, as added by
Chapter 51 of the Statutes of 1999, is amended to read:
   32228.2.  (a) Funds allocated pursuant to subdivision (b) of
Section 32228.1 shall be allocated to school districts with
jurisdiction over eligible schoolsites, based on enrollment, with a
minimum allocation of five thousand dollars ($5,000) for each
schoolsite, or a minimum allocation of ten thousand dollars ($10,000)
for each school district, whichever is greater.
               (b) The number of schoolsites in each school district
that receive funding for purposes of this section shall be equal to
the number of county-district-school codes, as maintained by the
Superintendent of Public Instruction, for that school district as of
June 30 of the fiscal year immediately preceding the fiscal year for
which the funds are allocated.
   (c) Funds allocated pursuant to this article shall supplement, not
supplant, expenditures for school safety and violence prevention
programs.
  SEC. 9.9.  Section 32228.5 is added to the Education Code, to read:

   32228.5.  (a) The Superintendent of Public Instruction shall
annually report to the Legislature regarding the use of funds
pursuant to this article.
   (b) As a condition of receipt of funds pursuant to this article,
local education agencies shall provide information for the purpose of
compiling the annual report required pursuant to subdivision (a) to
the Superintendent of Public Instruction, in a format determined by
the Superintendent of Public Instruction.
  SEC. 10.  Section 35254 of the Education Code is amended to read:
   35254.  The governing board of any school district may make
photographic, microfilm, or electronic copies of any records of the
district. The original of any records of which a photographic,
microfilm, or electronic copy has been made may be destroyed when
provision is made for permanently maintaining the photographic,
microfilm or electronic copies in the files of the district, except
that no original record that is basic to any required audit shall be
destroyed prior to the second July 1st succeeding the completion of
the audit.
  SEC. 11.  Chapter 2 (commencing with Section 38020) of Part 23 of
the Education Code is repealed.
  SEC. 12.  Article 3 (commencing with Section 38150) of Chapter 4 of
Part 23 of the Education Code is repealed.
  SEC. 13.  Article 4 (commencing with Section 38155) of Chapter 4 of
Part 23 of the Education Code is repealed.
  SEC. 14.  Part 23.5 (commencing with Section 39800) is added to the
Education Code, to read:

      PART 23.5.  TRANSPORTATION
      CHAPTER 1.  TRANSPORTATION SERVICES
      Article 1.  General Provisions

   39800.  (a) The governing board of any school district may provide
for the transportation of pupils to and from school whenever in the
judgment of the board the transportation is advisable and good
reasons exist therefor.  The governing board may purchase or rent and
provide for the upkeep, care, and operation of vehicles, or may
contract and pay for the transportation of pupils to and from school
by common carrier or municipally owned transit system, or may
contract with and pay responsible private parties for the
transportation.  These contracts may be made with the parent or
guardian of the pupil being transported.  A governing board may allow
the transportation of preschool or nursery school pupils in
schoolbuses owned or operated by the district.  A state reimbursement
may not be received by a district for the transportation of
preschool or nursery school pupils.
   (b) As used in this article, "municipally owned transit system"
means a transit system owned by a city, or by a district created
under Part 1 (commencing with Section 24501) of Division 10 of the
Public Utilities Code.
   39801.  The governing board of any school district may contract
with the county superintendent of schools to provide necessary
transportation services.  The county superintendent of schools,
acting pursuant to the contract, shall have all the powers and duties
granted to governing boards by this article.
   39801.5.  (a) The governing board of any school district may
contract for the transportation of matriculated or enrolled adults,
or provide transportation to adults in district-owned equipment for
educational purposes other than to and from school.
   (b) Any district that contracts to provide or provides
transportation to adults pursuant to this section may charge adults
all or part of the costs of contracting for or providing
transportation services.
   39802.  In order to procure the service at the lowest possible
figure consistent with proper and satisfactory service, the governing
board shall, whenever an expenditure of more than ten thousand
dollars ($10,000) is involved, secure bids pursuant to Sections 20111
and 20112 of the Public Contract Code whenever it is contemplated
that a contract may be made with a person or corporation other than a
common carrier or a municipally owned transit system or a parent or
guardian of the pupils to be transported.  The governing board may
let the contract for the service to other than the lowest bidder.
   39803.  (a) If a continuing contract for the furnishing of
transportation of pupils in school districts to and from school is
made it shall be made for a term not to exceed five years.  A
contract is renewable at the option of the school district and the
party contracting to provide transportation services, jointly, at the
end of the term of the contract.  The contract as renewed shall
include all of the terms and conditions of the previous contract,
including any provisions increasing rates based on increased costs.
   (b) A continuing contract may be made for the lease or rental of
schoolbuses, not to exceed five years, except that if a lease or
rental contract provides that the district may exercise an option
either to purchase the buses or to cancel the lease at the end of
each annual period during the period of the contract, the contract
may be made for a term not to exceed 10 years.
   (c) Notwithstanding any other provisions of law to the contrary, a
continuing contract executed under the provisions of this section
may be negotiated annually within the contract period when economic
factors indicate negotiation is necessary to maintain an equitable
pricing structure.  Renegotiation is subject to the approval of both
contracting parties.
   (d) Any rental, lease, or lease-purchase of a schoolbus shall
comply with all applicable provisions of Article 3 (commencing with
Section 17450) of Chapter 4 of Part 10.5.
   39805.  In bidding on contracts to be made pursuant to Section
39803, bidders may include in their bids abstractions of their
quotations indicating the pricing structure used to compute the
annual lease or rental payments for the sole purpose of identifying
that portion of each annual lease or rental payment which may
represent tax exemption reimbursement to the vendor, lessor or to
their assignees.
   39806.  In lieu of providing in whole or in part for the
transportation of a pupil attending the schools of a district, the
governing board may pay to the parents or guardian of the pupil a sum
not to exceed the cost of actual and necessary travel incurred in
transporting the pupil to and from the regular day schools of the
district.  A payment may not be made pursuant to this section unless
it will be more economical to make the payments than to provide for
said transportation.
   39807.  In lieu of furnishing transportation to pupils attending
the schools of a school district, the governing board may pay to the
parents or guardian of each pupil the cost of food and lodging of the
pupil at a place convenient to the schools.  The amount paid on
account of each pupil may not exceed the estimated cost to the
district of providing for the transportation of the pupil to and from
his or her home and the school he or she attends.
   39807.5.  (a) When the governing board of any school district
provides for the transportation of pupils to and from schools in
accordance with Section 39800, or between the regular full-time day
schools they would attend and the regular full-time occupational
training classes attended by them as provided by a regional
occupational center or program, the governing board of the district
may require the parents and guardians of all or some of the pupils
transported, to pay a portion of the cost of this transportation in
an amount determined by the governing board.
   (b) The amount determined by the board shall be no greater than
the statewide average nonsubsidized cost of providing this
transportation to a pupil on a publicly owned or operated transit
system as determined by the Superintendent of Public Instruction, in
cooperation with the Department of Transportation.
   (c) For the purposes of this section, "nonsubsidized cost" means
actual operating costs less federal subventions.
   (d) The governing board shall exempt from these charges pupils of
parents and guardians who are indigent as set forth in rules and
regulations adopted by the board.
   (e) A charge under this section may not be made for the
transportation of handicapped children.
   (f) Nothing in this section shall be construed to sanction,
perpetuate, or promote the racial or ethnic segregation of pupils in
the schools.
   39808.  (a) The governing board of any school district may allow a
pupil entitled to attend the school of the district, but who, under
Section 48222, attends a school other than a public school to be
transported upon the same terms, in the same manner, and over the
same routes of travel as is permitted pupils attending the district
school.
   (b) The allowance provided for in this section shall be restricted
to actual transportation when furnished by the district to pupils
attending the district school, and nothing in this section shall be
construed to authorize or permit in lieu of transportation payments
of money to parents or guardians of pupils attending private schools.

   39809.5.  (a) The sum of the state aid received and the parent
fees collected in a fiscal year may not exceed actual operating cost
of home-to-school transportation in that fiscal year.
   (b) If excess fees are collected due to errors in estimated costs,
fees shall be reduced in succeeding years.
   (c) The governing board shall certify to the county superintendent
that districts have levied fees in accordance with law, and that
fees have been reduced and excess fee revenue eliminated whenever
excess fees have been charged.

      Article 2.  State Reimbursement

   39820.  (a) Notwithstanding any other provision of law, the
governing board of any school district may provide, beginning in the
1975-76 fiscal year, for the transportation to and from public school
of pupils who have attained the age of three years and nine months
and are enrolled in classes established pursuant to Chapter 4.45
(commencing with Section 56440) of Part 30 whenever in the judgment
of the board, transportation is advisable and good reasons exist
therefor.  A governing board may allow for the transportation of
parents of pupils enrolled in these classes for the purpose of
accompanying their children to and from the attendance center
offering the early primary classes.
   (b) School districts shall receive state reimbursements for the
transportation of pupils described in subdivision (a) pursuant to
Article 10 (commencing with Section 41850) of Chapter 5 of Part 24.

      Article 3.  Schoolbuses

   39830.  A schoolbus is any motor vehicle designed, used, or
maintained for the transportation of any school pupil at or below the
12th grade level to or from a public or private school or to or from
public or private school activities, except the following:
   (a) A motor vehicle of any type carrying only members of the
household of its owner.
   (b) A motortruck transporting pupils who are seated only in the
passenger compartment, and a passenger vehicle designed for and when
actually carrying not more than 10 persons, including the driver,
except any vehicle or truck transporting two or more handicapped
pupils confined to wheelchairs.
   (c) A motor vehicle operated by a common carrier, or by and under
exclusive jurisdiction of a publicly owned or operated transit
system, only during the time it is on a scheduled run and is
available to the general public or on a run scheduled in response to
a request from a handicapped pupil confined to a wheelchair, or from
a parent of the handicapped pupil, for transportation to or from
nonschool activities.  However, the motor vehicle is designed for and
actually carries not more than 16 persons and the driver, is
available to eligible persons of the general public, and the school
does not provide the requested transportation service.
   (d) A school pupil activity bus as defined in Section 39830.1.
   (e) A motor vehicle operated by a carrier licensed by the
Interstate Commerce Commission that is transporting pupils on a
school activity entering or returning to the state from another state
or country.
   (f) A state-owned motor vehicle being operated by a state employee
upon the driveways, paths, parking facilities, or grounds specified
in Section 21113 of the Vehicle Code that are under the control of a
state hospital under the jurisdiction of the State Department of
Developmental Services where the posted speed limit is not more than
20 miles per hour.  The motor vehicle may also be operated for a
distance of not more than one-quarter mile upon a public street or
highway that runs through the grounds of a state hospital under the
jurisdiction of the State Department of Developmental Services, if
the posted speed limit on the public street or highway is not more
than 25 miles per hour and if all traffic is regulated by posted stop
signs or official traffic control signals at the points of entry and
exit by the motor vehicle.
   39830.1.  A "school pupil activity bus" means any motor vehicle,
other than a schoolbus, operated by a common carrier, or by and under
the exclusive jurisdiction of a publicly owned or operated transit
system, or by a passenger charter-party carrier, used under a
contractual agreement between a school and carrier to transport
school pupils at or below the 12th grade level to or from a public or
private school activity, or used to transport pupils to or from
residential schools, when the pupils are received and discharged at
off-highway locations where a parent or adult designated by the
parent is present to accept the pupil or place the pupil on the bus.
As used in this section, "common carrier," "publicly owned or
operated transit system," and "passenger charter-party carrier" mean
carriers in business for the principal purpose of transporting
members of the public on a commercial basis.  This section shall not
apply to a motor vehicle operated by a carrier licensed by the
Interstate Commerce Commission transporting pupils on a school
activity trip entering or returning to the state from another state
or country.
   The driver of a school pupil activity bus shall be subject to the
regulations adopted by the Department of the California Highway
Patrol governing schoolbus drivers, except that the regulations shall
not require drivers to duplicate training or schooling that they
have otherwise received that is equivalent to that required pursuant
to the regulations, and the regulations may not require drivers to
take training in first aid.  However, a valid certificate to drive a
school pupil activity bus does not entitle the bearer to drive a
schoolbus.
   39831.  (a) The State Board of Education shall adopt reasonable
regulations relating to the use of schoolbuses by school districts
and others.  The regulations may not govern the safe operation of
schoolbuses that shall be adopted instead by the Department of the
California Highway Patrol.
   (b) The Department of the California Highway Patrol shall adopt
regulations pursuant to Section 34500 of the Vehicle Code relating to
the safe operation of schoolbuses that shall also require school
district governing boards to include in their schoolbus driver
training programs, the proper actions to be taken in the event that a
schoolbus is hijacked.
   39831.5.  (a) All pupils in prekindergarten, kindergarten, and
grades 1 to 12, inclusive, in public or private school who are
transported in a schoolbus or school pupil activity bus shall receive
instruction in schoolbus emergency procedures and passenger safety.
The county superintendent of schools, superintendent of the school
district, or owner and operator of a private school, as applicable,
shall ensure that the instruction is provided as follows:
   (1) Upon registration, the parents or guardians of all pupils not
previously transported in a schoolbus or school pupil activity bus
and who are in prekindergarten, kindergarten, and grades 1 to 6,
inclusive, shall be provided with written information on schoolbus
safety.  The information shall include, but not be limited to, all of
the following:
   (A) A list of schoolbus stops near each pupil's home.
   (B) General rules of conduct at schoolbus loading zones.
   (C) Red light crossing instructions.
   (D) Schoolbus danger zone.
   (E) Walking to and from schoolbus stops.
   (2) At least once in each school year, all pupils in
prekindergarten, kindergarten, and grades 1 to 8, inclusive, who
receive home-to-school transportation shall receive safety
instruction that includes, but is not limited to, proper loading and
unloading procedures, including escorting by the driver, proper
passenger conduct, bus evacuation, and location of emergency
equipment.  Instruction also may include responsibilities of
passengers seated next to an emergency exit.  As part of the
instruction, pupils shall evacuate the schoolbus through emergency
exit doors.
   (3) Prior to departure on a school activity trip, all pupils
riding on a schoolbus or school pupil activity bus shall receive
safety instruction that includes, but is not limited to, location of
emergency exits, and location and use of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.
   (b) The following information shall be documented each time the
instruction required by paragraph (2) of subdivision (a) is given:
   (1) Name of school district, county office of education, or
private school.
   (2) Name and location of school.
   (3) Date of instruction.
   (4) Names of supervising adults.
   (5) Number of pupils participating.
   (6) Grade levels of pupils.
   (7) Subjects covered in instruction.
   (8) Amount of time taken for instruction.
   (9) Bus driver's name.
   (10) Bus number.
   (11) Additional remarks.
   (c) The information recorded pursuant to subdivision (b) shall
remain on file at the district or county office, or at the school,
for one year from the date of the instruction, and shall be subject
to inspection by the Department of the California Highway Patrol.
   39832.  The name or names of the particular school or schools to
which a schoolbus conveys pupils may be painted on the side of the
bus, in the manner prescribed by the Department of the California
Highway Patrol.
   39833.  Any officer, agent, or employee of a school district, or
any other person knowingly operating, or permitting or directing the
operation of a schoolbus in violation of any regulation or order of
the Department of the California Highway Patrol, and any person
knowingly operating a schoolbus without possessing the qualifications
required by the Department of the California Highway Patrol for
schoolbus operators, is guilty of a misdemeanor.
   39834.  (a) Except as provided in subdivision (b), any officer,
agent, or employee of a school district, office of the county
superintendent of schools, or joint powers agency, or any other
person, knowingly operating, or permitting or directing the operation
of a schoolbus, when it is loaded with schoolchildren in excess of
the limits of its seating capacity, is guilty of a misdemeanor.
   (b) The governing board of any school district, office of the
county superintendent of schools, or joint powers agency may adopt a
district policy establishing plans for the evacuation of pupils in
case of any emergency that may provide, where necessary, for the
loading of schoolchildren on a schoolbus in excess of the limits of
its seating capacity.
   (c) As used in this section, "emergency" means a natural disaster
or hazard that requires pupils to be moved immediately in order to
ensure their safety.
   39835.  (a) The governing board of any school district may use
schoolbuses to transport persons for purposes of community recreation
as provided in Chapter 10 (commencing with Section 10900) of Part 7.
  The transportation may be provided on any day or days throughout
the school year.
   (b) Any school district that files forms with the Superintendent
of Public Instruction covering the annual report of transportation
expense in connection with reimbursement for transportation shall
show on the forms the total mileage of schoolbuses used in providing
transportation for community recreation purposes.  The Superintendent
of Public Instruction, in accordance with regulations adopted by him
or her, shall deduct from the allowances to a school district for
transportation an amount equal to the depreciation of schoolbuses due
to their use in transporting persons for community recreation.
   39836.  During any national emergency declared by the President of
the United States of America or during any war in which the United
States of America is engaged, the governing board of a school
district may operate any bus owned or under lease to the district for
the transportation of pupils of the district engaged in the
harvesting of crops to and from the places of harvest and shall
require the payment of a reasonable charge for transportation
furnished.
   39837.  The governing board of any school district may use and
operate any bus owned or under lease to the district for the
transportation of pupils to and from their places of employment
during the summer in connection with any summer employment program
for youth.  The governing board shall require the payment of a
reasonable charge for transportation so furnished.  The governing
board shall, in accordance with Section 35208, adequately insure
against the liability of the district, members of the board, and
officers and employees of the district in connection with the
furnishing of transportation.
   39837.5.  The governing board of any school district may provide
for the transportation of employees of the district and of parents of
pupils of the district to and from educational activities authorized
by the district.
   39838.  (a) Each schoolbus shall be equipped with one or more fire
extinguishers bearing the approval of the laboratories of the
National Board of Fire Underwriters, Underwriters' Laboratories
Incorporated, or any other nationally recognized testing laboratory,
and located in an easily accessible place in the driver's
compartment.
   (b) Each schoolbus shall be equipped with one or more fire
extinguishers with an aggregate rating of at least 8-B, C units, as
rated by the Underwriters' Laboratories Incorporated.  Carbon
tetrachloride fire extinguishers may not be used on schoolbuses.
   39839.  Guide dogs, signal dogs, and service dogs trained to
provide assistance to individuals with a disability may be
transported in a schoolbus when accompanied by disabled pupils
enrolled in a public or private school or by disabled teachers
employed in a public or private school or community college or by
persons training the dogs.
   39840.  The governing board of any school district may enter into
a contract under the terms of which the school district grants the
use of any schoolbus that is owned or leased by the school district
to any federal, state, or local governmental agency for the purpose
of providing transportation for employees of the agency to or from
their places of employment, or both, if the following conditions are
satisfied:
   (a) Public transportation is not reasonably available to the
agency's employees at their place of employment.
   (b) The school district normally provides transportation for
pupils residing on the governmental agency's property to or from
school, or both.
   (c) The transportation of the agency's employees does not
interfere with the school district's use of schoolbuses for school
transportation purposes.
   (d) All schoolbus warning lights and exterior lettering or signs
that identify the bus as a schoolbus are covered or removed during
operation by the federal, state, or local governmental agency.
   (e) Mechanical condition of a schoolbus during operation by the
federal, state, or local governmental agency is maintained so as to
meet or exceed those regulations promulgated by the State Department
of Education pursuant to Section 39831 governing the operation of
schoolbuses.
   (f) Accurate records are maintained that reflect the actual number
of miles any schoolbus is driven during times of operation by the
federal, state, or local governmental agency, which records are to be
made available to the Superintendent of Public Instruction in
connection with the annual report of transportation expense made by
the school district.  The Superintendent of Public Instruction, in
accordance with Section 39835, shall deduct from the allowances to a
school district for transportation an amount equal to the
depreciation of schoolbuses due to their use in transporting
employees of a federal, state, or local governmental agency pursuant
to this section.
   39841.  The following requirements shall be included in any
agreement entered into between a school district and a publicly owned
transit system under which the school district grants the use of any
schoolbus that is owned or leased by it to the transit system for
public transportation purposes:
   (a) All schoolbus warning lights and exterior lettering or signs
that identify the bus as a schoolbus are covered or removed during
operation by the transit system.
   (b) Mechanical condition of a schoolbus during operation by the
transit system is maintained so as to meet or exceed those
regulations adopted by the State Board of Education pursuant to
Section 39831 governing the operation of schoolbuses.
   (c) Accurate records are maintained that reflect the actual number
of miles any schoolbus is driven during times of operation by the
transit system.
   39842.  (a) Any person who enters a schoolbus or school pupil
activity bus without prior authorization of the driver or other
school official with intent to commit any crime and who refuses to
disembark after being ordered to do so by the driver or other school
official is guilty of a misdemeanor and is punishable by imprisonment
in the county jail for not more than six months, by a fine of not
more than one thousand dollars ($1,000), or by both.
   (b) A school district or county superintendent of schools may
place a notice at the entrance of a schoolbus or school pupil
activity bus that complies with the requirements of paragraph (3) of
                                          subdivision (c) of Section
1256.5 of Title 13 of the California Code of Regulations and that
warns against unauthorized entry.

      Article 4.  Special Services

   39860.  The governing board of any school district may contract
for the transportation of pupils attending schools within the
district to and from any exposition or fair, school activities, or
other activities which the governing board determines to be for the
benefit of the pupils, in this state, and may pay for the
transportation out of any funds of the district available for the
purpose.

      CHAPTER 2.  FARM LABOR DRIVER TRAINING COURSE

   40070.  (a) The State Department of Education shall develop or
approve a course for the training of schoolbus, school pupil activity
bus, and farm labor vehicle drivers that will provide them with the
skills and knowledge necessary to prepare them for an examination for
certification pursuant to Sections 12517 and 12519 of the Vehicle
Code.  The department shall seek the advice and assistance of the
Department of Motor Vehicles and the Department of the California
Highway Patrol in developing or approving the course.
   (b) The department shall train or approve the necessary
instructional personnel to conduct the course.  For schoolbus and
school pupil activity bus training, the department shall provide for
and approve the course outline and lesson plans used in the course.
For farm labor vehicle training, the department shall approve the
course outline and lesson plans used in the course.

      CHAPTER 3.  SPECIALIZED VEHICLE DRIVER TRAINING COURSES

   40080.  (a) This article governs the minimum training required for
drivers to obtain or renew a certificate described in Section 12517,
12519, or 12804.6 of the Vehicle Code.
   (b) As used in this article, "department" means the State
Department of Education.
   40081.  (a) The department shall develop or approve courses for
training school pupil activity bus (SPAB), transit bus, schoolbus,
and farm labor vehicle drivers that will provide them with the skills
and knowledge necessary to prepare them for certification pursuant
to Sections 12517, 12519, and 12804.6 of the Vehicle Code.  The
department shall seek the advice and assistance of the Department of
Motor Vehicles and the Department of the California Highway Patrol in
developing or approving those courses.
   (b) The department shall train or approve the necessary
instructional personnel to conduct the driver training courses.  For
all schoolbus and school pupil activity bus (SPAB) driver instructor
training, the department shall provide for and approve the course
outline and lesson plans used in the course.  For transit bus and
farm labor vehicle driver training, the department shall approve the
course outline and lesson plans used in the course.
   (c) All courses of study and training activities required by this
article shall be approved by the department and given by, or in the
presence of, an instructor in possession of a valid school pupil
activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle
driver instructor certificate of the appropriate class.
   (d) As an alternative to subdivisions (a), (b), and (c),
instructors who have received a certificate from the Transportation
Safety Institute of the United States Department of Transportation
indicating that they have completed the Mass Transit Instructor
Orientation and Training (Train-the-Trainer) course may approve
courses of instruction and train transit bus drivers in order to meet
the requirements for certification pursuant to Section 12804.6 of
the Vehicle Code.
   40082.  (a) An original applicant for a certificate to drive a
schoolbus, as defined by Section 545 of the Vehicle Code, shall have
successfully completed a minimum 40-hour course of instruction.  The
course shall include at least 20 hours of classroom instruction in,
but not limited to, all units of the Instructor's Manual for
California's Bus Driver's Training Course.  All classroom instruction
shall be given by, or in the presence of, a state-certified
instructor of the  appropriate class.  The course shall also include
at least 20 hours of applicant behind-the-wheel training in all
sections of the Instructor's Behind-the-Wheel Guide for California's
Bus Driver's Training Course.  Applicant behind-the-wheel training
shall include driving vehicles comparable to those vehicles that will
be driven by the applicant to transport pupils.  All
behind-the-wheel training shall be given by a state-certified
instructor of the appropriate class or the delegated behind-the-wheel
trainer as designated pursuant to Section 40084.5.
   (b) Except as provided in subdivision (c), a driver who is holding
a driver certificate or endorsement described in Section 40083, and
is seeking a schoolbus certificate of the appropriate class, shall
have successfully completed a minimum of five hours of classroom
instruction, including, but not limited to, schoolbus laws and
regulations, defensive driving, pupil loading and unloading, and the
exceptional child.  All classroom instruction shall be given by, or
in the presence of, a state-certified instructor of the appropriate
class.  The driver shall also complete at least three hours of
behind-the-wheel training in defensive driving practices, lane
control, railroad grade crossing procedures, and pupil loading and
unloading.
   (c) A driver may not be certified to drive a schoolbus in the
manner set forth in subdivision (b) if that driver was instructed by
a person who received his or her certificate in the manner described
in subdivision (d) of Section 40081.
   40083.  An original applicant for a certificate to drive any bus
defined by Section 546 or 642 of the Vehicle Code shall have
successfully completed a minimum 35-hour course of instruction.  The
course shall include at least 15 hours of classroom instruction,
including, but not limited to, all units of the Instructor's Manual
for California's Bus Driver's Training Course, or other classroom
curricula which the department has certified meets or exceeds the
standards in its curricula.  All classroom instruction shall be given
by, or in the presence of, a state-certified instructor of the
appropriate class, except that an instructor who has received a
certificate as described in subdivision (d) of Section 40081, may
provide the training for an original applicant for a certificate to
drive a bus defined by Section 642 of the Vehicle Code.  The course
shall also include at least 20 hours of applicant behind-the-wheel
training in all sections of the Instructor's Behind-the-Wheel Guide
for California's Bus Driver's Training Course, or at least 20 hours
of other behind-the-wheel training or driving experience that the
department has certified meets or exceeds the standards of its
training course.  Applicant behind-the-wheel training shall include
driving vehicles comparable to those vehicles that will be used to
transport passengers.  All behind-the-wheel training for a
certificate to drive a bus defined by Section 546 of the Vehicle Code
shall be given by a state-certified instructor of the appropriate
class or the delegated behind-the-wheel trainer as designated
pursuant to Section 40084.5.  All behind-the-wheel training for a
certificate to drive a bus defined by Section 642 of the Vehicle Code
shall be given by a state-certified instructor of the appropriate
class or the delegated behind-the-wheel trainer as designated
pursuant to Section 40084.5, or the delegated behind-the-wheel
trainer as designated by the instructor certified pursuant to
subdivision (d) of Section 40081.
   40084.  An original applicant for a certificate to drive a farm
labor vehicle shall have successfully completed a minimum 20-hour
course of instruction.  The course shall include at least 10 hours of
classroom instruction, including, but not limited to, all units of
the Instructor's Manual for California's Bus Driver's Training
Course.  All classroom instruction shall be given by, or in the
presence of, a state-certified instructor of the appropriate class.
The course shall also include at least 10 hours of applicant
behind-the-wheel training in all sections of the Instructor's
Behind-the-Wheel Guide for California's Bus Driver's Training Course.
  Applicant behind-the-wheel training shall include driving vehicles
comparable to those that will be driven by the applicant to transport
farm passengers.  All behind-the-wheel training shall be given by a
state-certified instructor of the appropriate class or the delegated
behind-the-wheel trainer as designated pursuant to Section 40084.5.
   40084.5.  (a) All behind-the-wheel training required to obtain
certificates pursuant to Sections 12517 and 12519 of the Vehicle Code
shall be performed by a state-certified instructor or by a delegated
behind-the-wheel trainer who has been certified or approved by the
department to conduct the required training.
   (b) A "delegated behind-the-wheel trainer" means a person selected
to assist a state-certified instructor in the behind-the-wheel
training of drivers.  Selected persons shall be trained by
state-certified instructors and approved by the department before
conducting any behind-the-wheel training.  The minimum standards for
the selection of a delegated behind-the-wheel trainer are as follows:

   (1) One year experience as a driver of the appropriate type and
size vehicle immediately preceding the date of selection as a
delegated behind-the-wheel trainer.
   (2) Possession of the appropriate license, certificates, and
endorsements needed to drive and train in a particular type and size
vehicle.
   (3) A high school diploma or General Education Development (GED)
equivalent.
   (4) A driving record without chargeable accidents within the past
three years immediately preceding the date of selection.
   (5) Successful completion of all training in the latest edition of
the Instructor's Behind-the-Wheel Training Guide for California's
Bus Driver's Training Course given by, and in the presence of, a
state-certified instructor of the appropriate class.
   (6) Successful completion of a written assessment test on current
laws, regulations, and policies given by, and in the presence of, a
state-certified instructor of the appropriate class.
   (7) Successful completion of a driving test and a behind-the-wheel
training performance test on all phases of behind-the-wheel and
vehicle inspection training.  The test shall be given by, and in the
presence of, a state-certified instructor of the appropriate class.
   (c) The state-certified instructor shall train and document the
qualifications and competence of each delegated behind-the-wheel
trainer to be utilized in training.  All training required by this
section shall be documented on the State Department of Education
Training Certificate T-01, and signed by a state-certified school
pupil activity bus (SPAB), transit bus, schoolbus, or farm labor
vehicle driver instructor of the appropriate class, and by the
delegated behind-the-wheel trainer.  The signatures shall certify
that the instruction was given to, and received by, the delegated
behind-the-wheel trainer and that the delegated behind-the-wheel
trainer displayed a level of competency necessary to train drivers to
drive authorized vehicles in a safe and competent manner.  The
completed State Department of Education Training Certificate T-01
shall be submitted to the department in Sacramento, along with all
other required documents, when requesting approval of a delegated
behind-the-wheel trainer.
   (d) The department may disapprove the eligibility of a delegated
behind-the-wheel trainer for any of the following causes:
   (1) The state-certified instructor authorizing the competency of
the delegated behind-the-wheel trainer has requested disapproval.
   (2) The employer of the delegated behind-the-wheel trainer has
requested disapproval.
   (3) The delegated behind-the-wheel trainer has voluntarily
requested disapproval.
   (4) The delegated behind-the-wheel trainer failed to comply with
Section 40087.
   (5) The delegated behind-the-wheel trainer failed to comply with
Section 40084.5.
   (6) The delegated behind-the-wheel trainer does not possess a
valid driver's license, appropriate endorsements, or special driver's
certificate of the appropriate class.
   (7) The delegated behind-the-wheel trainer's driver's license or
special driver's certificate has been suspended or revoked.
   (e) A delegated behind-the-wheel trainer may be limited in
behind-the-wheel training as determined by the department.
   40085.  Applicants seeking to renew a certificate to drive a
schoolbus as defined in Section 545 of the Vehicle Code or a school
pupil activity bus as defined in Section 546 of the Vehicle Code
shall have successfully completed at least 10 hours of original or
renewal classroom instruction, or behind-the-wheel or in-service
training during each 12 months of certificate validity.  In-service
training credit may be given by a state-certified driver instructor
of the appropriate class to an applicant for attending or
participating in appropriate driver training workshops, driver safety
meetings, driver safety conferences, and other activities directly
related to passenger safety and driver training.  During the last 12
months of the special driver certificate validity, the 10 hours
required shall consist of classroom instruction covering, but not
limited to, current laws and regulations, defensive driving, accident
prevention, emergency procedures, and passenger loading and
unloading.  Failure to successfully complete the required training
during any 12-month period of certificate validity is cause for the
Department of Motor Vehicles to cancel the busdriver certificate.
All training required by Section 40089 may be accepted in lieu of the
requirements of this section.
   40085.5.  Applicants seeking to renew a certificate to drive a
transit bus as defined in Section 642 of the Vehicle Code shall have
successfully completed at least eight hours of original or renewal
classroom instruction, or behind-the-wheel or in-service training
during each 12 months of certificate validity.  In-service training
credit may be given by a state-certified driver instructor of the
appropriate class, or an instructor certified pursuant to subdivision
(d) of Section 40081, to an applicant for attending or participating
in appropriate driver training workshops, driver safety meetings,
driver safety conferences, and other activities directly related to
passenger safety and driver training.  During the last 12 months of
the validity of the certificate, the eight hours required shall
consist of classroom instruction covering, but not limited to,
current laws and regulations, defensive driving, accident prevention,
emergency procedures, and passenger loading and unloading.  Failure
to successfully complete the required training during any 12-month
period of certificate validity is cause for the Department of Motor
Vehicles to cancel the busdriver certificate.  All training required
by Section 40089 may be accepted in lieu of the requirements of this
section.
   40086.  Applicants seeking to renew a certificate to drive a farm
labor vehicle shall have successfully completed two hours of
classroom instruction for each 12 months of certificate validity
covering, but not limited to, current laws and regulations, accident
prevention, and defensive driving.  Failure to successfully complete
the required training during any 12-month period of certificate
validity is cause for the Department of Motor Vehicles to cancel the
farm labor vehicle driver license or certificate.  All training
required in Section 40089 may be accepted in lieu of the requirements
of this section.
   40087.  (a) Except as provided in subdivision (b), driver training
required by this chapter shall be properly documented on the State
Department of Education Training Certificate T-01, and signed by a
state-certified school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor of the appropriate
class, and by the driver or applicant.  The signatures certify that
the instruction was given to, and received by, the applicant or
driver, and that the applicant or driver displayed a level of
competency necessary to drive the vehicle in a safe and competent
manner.  The applicant or driver shall present the completed State
Department of Education Training Certificate T-01 to the examining
state agency when applying for an endorsement or certificate, or, for
renewal of an endorsement or certificate.
   (b) Driver training provided by an instructor certified pursuant
to subdivision (d) of Section 40081 shall be documented on a form
developed by the Department of Motor Vehicles, with the consultation
of the department.  The form shall be signed by the instructor and by
the applicant or driver.  The signatures certify that the
instruction was given to, and received by, the applicant or driver,
and that the applicant or driver displayed a level of competency
necessary to drive the vehicle in a safe and competent manner.  The
applicant or driver shall present the completed form to the
Department of Motor Vehicles when applying for a certificate or for
renewal of a certificate.
   40088.  (a) An applicant for a school pupil activity bus (SPAB),
transit bus, schoolbus, or farm labor vehicle driver instructor
certificate shall successfully complete the appropriate instructor
course given or approved by the department.
   (b) An applicant for the course shall possess:
   (1) A valid driver's license and endorsement valid for driving the
vehicles for which the driver instructor rating is sought.
   (2) A certificate or endorsement valid for driving the vehicles
for which the driver instructor rating is sought.
   (3) Five years of experience as a driver in the appropriate
vehicle category, or two years experience of that driving experience
and three years equivalent experience driving vehicles that require a
class A or B driver's license.
   (4) A high school diploma or General Education Development (GED)
equivalent.
   (5) A driving record without chargeable accidents within the past
three years preceding the date of application for the instructor
certificate.
   The department may waive any or all of the requirements of this
subdivision as it determines is necessary to ensure that there are an
adequate number of state-certified instructors in the state.
   (c) (1) A state-certified schoolbus driver instructor of the
appropriate class may instruct all applicants for a schoolbus, school
pupil activity bus (SPAB), transit bus, or farm labor vehicle driver'
s certificate.
   (2) A state-certified school pupil activity bus (SPAB) driver
instructor of the appropriate class may instruct all applicants for a
school pupil activity bus (SPAB), transit bus, or farm labor vehicle
driver's certificate, but not a schoolbus certificate.
   (3) A state-certified transit bus instructor of the appropriate
class may instruct all applicants for a transit bus or farm labor
driver's certificate, but not a school pupil activity bus (SPAB) or a
schoolbus certificate.
   (4) A state-certified farm labor vehicle driver instructor may
instruct applicants only for a certificate to drive a farm labor
vehicle.
   (d) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor certificate shall be valid
until suspended, revoked, or canceled if it is accompanied by a valid
driver's license and a special driver's certificate or valid driver'
s license and endorsement of the appropriate class or is limited to
classroom or in-service training only.
   (e) The department may suspend or revoke a school pupil activity
bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver
instructor certificate for any of the following causes:
   (1) The certificate holder failed to comply with Section 40087.
   (2) The certificate holder failed to comply with Section 40084.5.

   (3) The certificate holder has committed an act listed in Section
13369 of the Vehicle Code or Section 13370 of that code.
   (f) The department shall revoke a schoolbus, school pupil activity
bus (SPAB), transit bus, or farm labor vehicle driver instructor
certificate if the certificate holder falsified a State Department of
Education Training Certificate T-01, T-02, or T-03.
   (g) The department may cancel the driver instructor certificate
for any of the following causes:
   (1) The certificate holder has voluntarily requested cancellation.

   (2) The certificate holder has his or her driving privilege
suspended or revoked.
   (3) The certificate holder has failed to meet the provisions
required for retention of the driver instructor certificate.  This
includes failure to meet the instructor training requirements
prescribed by Section 40084.5.
   (4) The certificate holder does not possess a valid driver's
license, endorsement, or special driver's certificate of the
appropriate class.
   (h) The department shall by regulation adopt an instructor
certificate appeals procedure for subdivisions (e), (f), and (g).
   (i) The Department of Motor Vehicles or the Department of the
California Highway Patrol may disallow the driver training
documentation provided pursuant to Section 40087 signed by any driver
instructor certified pursuant to Section 40081 if either of those
departments finds that the instructor's certificate would have been
suspended, revoked, or canceled for any of the reasons designated in
subdivision (e), (f), or (g).
   40089.  (a) A school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor with no
instructional limitations shall conduct at least 20 hours of
instruction each 12 months that includes at least 10 hours of
behind-the-wheel and 10 hours of classroom training, which need not
be given in a single session.  A school pupil activity bus (SPAB),
transit bus, schoolbus, or farm labor vehicle driver instructor
limited to either classroom or behind-the-wheel training only shall
conduct at least 10 hours of instruction each 12 months that includes
at least 10 hours of behind-the-wheel or classroom training
depending on the limitation.  The training need not be given in a
single session.  A school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor limited to
in-service training only shall conduct at least 10 hours of
in-service training each 12 months.  All school pupil activity bus
(SPAB), transit bus, schoolbus, and farm labor vehicle driver
instructor training conducted by department staff may be accepted in
lieu of the requirements of this subdivision.
   (b) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor may be limited to classroom
instruction, behind-the-wheel training or in-service training only,
and prohibited from recording, documenting, or signing for any
training required by this article, as determined by the department.
   (c) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor shall be limited to
behind-the-wheel instruction in vehicles that the instructor is
qualified to drive.
   (d) All school pupil activity bus (SPAB), transit bus, schoolbus,
or farm labor vehicle driver instructor training required by
subdivision (a) shall be properly documented on a State Department of
Education Training Certificate T-01, and signed by the
state-certified instructor at the end of each 12-month training
period.  The signature certifies that the required instruction was
conducted during the 12-month training period.  Upon renewal of the
instructor driver's license, endorsement, or certificate, the
completed instructor training record, recorded on the State
Department of Education Training Certificate T-01, shall be submitted
to the department in Sacramento.
   40090.  The department may assess fees to any instructor applicant
who will be training drivers of any vehicle as defined in Section
642 of the Vehicle Code.  The fee may not be more than necessary to
offset the department's reasonable costs.
   40090.5.  Employers shall take all action necessary to make
available to every transit busdriver required to be trained pursuant
to Section 40083 or 40085.5 the opportunity to be trained without the
loss of wages or benefits.
  SEC. 15.  Section 41023 of the Education Code is amended to read:
   41023.  (a) Any agency organized pursuant to Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code, the parties of which consist solely of school
districts and county offices of education, shall be subject to the
same restrictions as are applicable to school districts and county
offices of education, under that chapter, including the preparation
of budget and financial statements required by Article 1 (commencing
with Section 42100) and this article; the certifications required by
Article 2 (commencing with Section 35010) of Chapter 1 of Part 21;
the accounting and auditing requirements prescribed by Article 1
(commencing with Section 42100) and this article; and the expenditure
and appropriation controls prescribed by Chapter 9 (commencing with
Section 42600) of Part 24.  This section  does not apply to joint
powers agreements that are for the performance of the powers
described in Section  17567.
   (b) Each agency described in subdivision (a) shall annually report
to their participating school districts and county superintendents
of schools on forms prescribed by the Superintendent of Public
Instruction.
  SEC. 15.6.  Section 41344.2 is added to the Education Code, to
read:
   41344.2.  Notwithstanding subdivision (c) of Section 41344 or any
other provision of law, the State Board of Education may consider and
act upon requests to retroactively waive any provision of this code
or any regulation adopted by the State Board of Education that is the
basis of an apportionment significant audit if the request was
received in writing by the State Department of Education prior to
July 7, 1999.
  SEC. 16.  Section 41380 of the Education Code is repealed.
  SEC. 18.  Section 41852 of the Education Code is amended to read:
   41852.  (a) Any school district or county superintendent of
schools that receives a transportation apportionment in the 1984-85
fiscal year, or any fiscal year thereafter, shall establish a
restricted pupil transportation account within its general fund.  The
district or county superintendent shall deposit in the restricted
pupil transportation account all transportation apportionments
received pursuant to this article in any fiscal year and any other
funds at the                                             option of
the district or county superintendent.  Any funds remaining in the
restricted pupil transportation account at the end of the fiscal year
may remain in the restricted pupil transportation account for
expenditure in subsequent fiscal years or may be transferred to the
pupil transportation equipment fund.
   (b) Any school district or county superintendent of schools may
establish a pupil transportation equipment fund.  The fund shall
receive all state and local funds designated for acquisition,
rehabilitation, or replacement of pupil transportation equipment.
Funds deposited in the pupil transportation equipment fund shall be
used exclusively for acquisition, rehabilitation and replacement of
pupil transportation equipment, except as provided in Section 41853.

  SEC. 19.  Section 42101 of the Education Code is repealed.
  SEC. 20.  Section 42238 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, 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) 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.
   (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.
   (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.
   (8) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the State Department of Education pursuant to Section 47633,
multiplied by the average daily attendance, in corresponding grade
level ranges, of any pupils who attend charter schools funded
pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8
for which the district is the sponsoring local educational agency, as
defined in Section 47632, and who reside in and would otherwise have
been eligible to attend a noncharter school of the district.
  SEC. 20.1.  Section 44498 of the Education Code is amended to read:

   44498.  (a) When a school district notifies the Superintendent of
Public Instruction, pursuant to subdivision (a) or (c) of Section
44505, that it plans to implement a program pursuant to Article 4.5
(commencing with Section 44500), this article shall not apply to that
school district.  The Superintendent of Public Instruction shall
continue to apportion funding to the school district pursuant to
Sections 44492 and 44492.3 for the 1999-2000 and 2000-01 fiscal
years.  The school district may use this funding for activities
necessary to implement the Peer Assistance and Review Program for
Teachers, and for purposes of subdivision (b) of Section 44506.
   (b) California Mentor Teacher Program funding allocated but
unclaimed by individual local educational agencies at the end of the
1998-99 and the 1999-2000 fiscal years shall be offset from program
funds advanced for the succeeding fiscal year, provided sufficient
funds are available.  Mentor teacher support funding that has been
claimed, but remains unexpended, may be carried over and used for
purposes of the California Peer Assistance and Review Program for
Teachers (Article 4.5 (commencing with Section 44500) of Chapter 3 of
Part 25).
   (c) This article shall become inoperative on July 1, 2001, and, as
of January 1, 2002, is repealed, unless a later enacted statute that
is enacted before January 1, 2002, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 20.2.  Section 44503 of the Education Code is amended to read:

   44503.  (a) The governing board of a school district that accepts
state funds for purposes of this article agrees to negotiate the
development and implementation of the program with the exclusive
representative of the certificated employees in the school district,
if the certificated employees in the district are represented by an
exclusive representative.  In a school district in which the
certificated employees are not represented, the school district shall
develop a Peer Assistance and Review Program for Teachers consistent
with this article in order to be eligible to receive funding under
this article.
   (b) Functions performed pursuant to this article by certificated
employees employed in a bargaining unit position shall not constitute
either management or supervisory functions as defined by
subdivisions (g) and (m) of Section 3540.1 of the Government Code.
   (c) Teachers who provide assistance and review shall have the same
protection from liability and access to appropriate defense as other
public school employees pursuant to Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code.
   (d) It is the intent of the Legislature that school districts be
allowed to combine, by mutual agreement, their programs of peer
assistance and review with those of other school districts.
   (e) Not more than 5 percent of the funds received by a school
district for the Peer Assistance and Review Program for Teachers may
be expended for administrative expenses.
  SEC. 20.3.  Section 44504 of the Education Code is amended to read:

   44504.  (a) Except as provided in Section 44505, the California
Peer Assistance and Review Program for Teachers shall become fully
operational on July 1, 2001, on which date it shall completely
replace the California Mentor Teacher Program established pursuant to
Chapter 1302 of the Statutes of 1983 and set forth in Article 4
(commencing with Section 44490).  This article is applicable to all
school districts that elect to receive state funds for the California
Peer Assistance and Review Program for Teachers.  Commencing with
the 2001-02 fiscal year, funding shall only be made available for
purposes authorized by this article.  A school district that elects
to participate in the program established pursuant to this article
shall certify to the Superintendent of Public Instruction by August
1, 2001, that it has implemented a Peer Assistance and Review Program
for Teachers pursuant to this article.
   (b) A school district that does not elect to participate in the
program authorized under this article by July 1, 2001, is not
eligible for any apportionment, allocation, or other funding from an
appropriation for the program authorized pursuant to this article or
for any apportionments, allocations, or other funding from funding
for local assistance appropriated pursuant to Budget Act Item
6110-231-0001, funding appropriated for the Administrator Training
and Evaluation Program set forth in Article 3 (commencing with
Section 44681) of Chapter 3.1 of Part 25, from an appropriation for
the Instructional Time and Staff Development Reform Program as set
forth in Article 7.5 (commencing with Section 44579) of Chapter 3, or
from an appropriation for school development plans as set forth in
Article 1 (commencing with Section 44670.1) of Chapter 3.1 and the
Superintendent of Public Instruction shall not apportion, allocate,
or otherwise provide any funds to the district pursuant to those
programs.
   (c) Commencing February 1, 2002, a school district that elects not
to participate in the program authorized under this article shall
report annually at a regularly scheduled meeting of the governing
board of the school district on the rationale for not participating
in the program.
  SEC. 20.4.  Section 44505 of the Education Code is amended to read:

   44505.  (a) Between July 1, 1999, and June 30, 2000, a school
district may notify the Superintendent of Public Instruction that it
plans to implement, commencing July 1, 2000, a Peer Assistance and
Review Program for Teachers pursuant to this article.  Upon receipt
of the notification by the school district, the Superintendent of
Public Instruction shall apportion to the school district two
thousand eight hundred dollars ($2,800) or an amount equal to the
number of mentor teachers that the state calculated the school
district is entitled to in the 1999-2000 fiscal year pursuant to
Article 4 (commencing with Section 44490) multiplied by two thousand
eight hundred dollars ($2,800), whichever is greater.
   (b) A school district that notifies the Superintendent of Public
Instruction that it plans to implement a Peer Assistance and Review
Program for Teachers by July 1, 2000, pursuant to subdivision (a),
shall certify to the Superintendent of Public Instruction that it has
implemented a program by August 1, 2000.  In addition to the
certification, the Superintendent of Public Instruction may request a
copy of the signature page of the collective bargaining agreement
implementing the program required pursuant to subdivision (a) of
Section 44503.  A school district that fails to provide the required
certification is not eligible to receive an apportionment for the
Peer Assistance and Review Program for Teachers pursuant to
subdivision (a) of this section or subdivision (a) of Section 44498
in the 2000-01 school year, or in any year thereafter.  The school
district, however, may be eligible to receive an apportionment for
the Peer Assistance and Review Program for Teachers pursuant to
subdivision (c) of this section and subdivision (a) of Section 44498
in the 2000-01 school year, and in each year thereafter, if the
school district complies with the requirements set forth in
subdivisions (c) and (d).
   (c) Between July 1, 2000, and May 31, 2001, a school district may
notify the Superintendent of Public Instruction that it plans to
implement, commencing July 1, 2001, a Peer Assistance and Review
Program for Teachers pursuant to this article.  On or before June 29,
2001, the Superintendent of Public Instruction shall apportion to
every school district that provides this notification an amount equal
to the number of mentor teachers that the state calculated the
school district is entitled to in the 1999-2000 school year pursuant
to Article 4 (commencing with Section 44490) times a maximum of one
thousand dollars ($1,000).  Any school district that provides this
notification shall receive at least the amount that would be received
pursuant to this section by a school district with one state funded
mentor in the 2000-01 school year pursuant to Article 4 (commencing
with Section 44490).
   (d) A school district that notifies the Superintendent of Public
Instruction that it plans to implement a Peer Assistance and Review
Program for Teachers by July 1, 2001, pursuant to subdivision (c),
shall certify to the Superintendent of Public Instruction that it has
implemented a program by July 1, 2001.  In addition to the
certification, the Superintendent of Public Instruction may request a
copy of the signature page of the collective bargaining agreement
implementing the program required pursuant to subdivision (a) of
Section 44503.  A school district that fails to provide the required
certification is not eligible for any apportionment for the Peer
Assistance and Review Program received pursuant to subdivision (c) of
this section, and subdivision (a) of Section 44498 in the 2001-02
school year, or in any year thereafter.
   (e) The funding provided pursuant to subdivisions (a) and (c) of
this section and subdivision (a) of Section 44498 shall be provided
to eligible school districts in each year that the school operates a
Peer Assistance and Review Program for Teachers pursuant to this
article except as provided in paragraph (2).
   (f) The maximum amount of funds available for apportionment to
school districts by the Superintendent of Public Instruction for
allocation pursuant to subdivision (c) shall be the amount
appropriated pursuant to subdivision (a) of Section 6 of the act
adding this section, minus any funds apportioned by the
Superintendent of Public Instruction to school districts pursuant to
subdivision (a) as of June 30, 2000.
   (g) A school district may use funds apportioned pursuant to this
section for activities necessary to implement the Peer Assistance and
Review Program for Teachers.
  SEC. 20.3.  Section 44506 of the Education Code is amended to read:

   44506.  (a) The state funding for this article subsequent to the
1999-2000 fiscal year is subject to an appropriation in the annual
Budget Act.  It is the intent of the Legislature that the funding for
the program for the 2000-01 fiscal year be at least equal to the
1999-2000 fiscal year appropriation for Article 4 (commencing with
Section 44490) plus the amount apportioned pursuant to Section 44505.

   (b) A school district that receives funds for purposes of this
article may also expend those funds for any of the following
purposes:
   (1) The Marian Bergeson Beginning Teacher Support and Assessment
System as set forth in Article 4.5 (commencing with Section 44279.1)
of Chapter 2.
   (2) The California Pre-Internship Teaching Program as set forth in
Article 5.6 (commencing with Section 44305) of Chapter 2.
   (3) A district intern program as set forth in Article 7.5
(commencing with Section 44325) of Chapter 2.
   (4) Professional development or other educational activities
previously provided pursuant to Article 4 (commencing with Section
44490) of Chapter 3.
   (5) Any program that supports the training and development of new
teachers.
   (c) (1) The Superintendent of Public Instruction shall determine a
base funding unit rate for the California Peer Assistance and Review
Program for Teachers that is equal to the total amount provided for
the California Mentor Teacher Program in subdivision (b) of Section 6
of Chapter 4 of the Statutes of 1999 for the First Extraordinary
Session, divided by the total number of mentor teachers that the
state calculated the school district is entitled to in the 1999-2000
fiscal year.
   (2) For the 2000-01 fiscal year, and annually thereafter, the
Superintendent of Public Instruction shall apportion to each school
district that certified implementation of the Peer Assistance and
Review Program for Teachers pursuant to subdivision (b) of Section
44505, an amount equal to 5 percent of the prior year count of
certificated classroom teachers employed by the school district,
multiplied by a rate which equals the sum of (1) the base amount per
funding unit as calculated in paragraph (1) of subdivision (c),
adjusted annually pursuant to subdivision (b) of 42238.1, and (2) two
thousand eight hundred dollars ($2,800); adjusted annually pursuant
to subdivision (b) of Section 42238.1.
   (3) Beginning in the 2001-02, and annually thereafter, the
Superintendent of Public Instruction shall apportion to each school
district that certified implementation of a Peer Assistance and
Review Program for Teachers pursuant to subdivision (d) of Section
44505, an amount equal to 5 percent of the prior year count of
certificated classroom teachers employed by the school district,
multiplied by a rate which equals the sum of (1) the base amount per
funding unit as calculated in paragraph (1) of subdivision (c),
adjusted annually pursuant to subdivision (b) of Section 42238.1, and
(2) the per mentor teacher unit amount provided to he district
pursuant to subdivision (c) of Section 44505, adjusted annually
pursuant to subdivision (b) of Section 42238.1.
   (4) In paragraphs (2) and (3) of this subdivision, 5 percent of
the certificated classroom teacher employed by the district shall be
rounded to the next whole integer.
   (5) If at the end of any fiscal year, an amount of funds available
for purposes of the Peer Assistance and Review Program remain
unallocated, the Superintendent of Public Instruction shall use the
unallocated amount to increase the base funding rate calculated under
paragraph (1) for the succeeding fiscal year.
  SEC. 20.6.  Section 44507 of the Education Code is amended to read:

   44507.  Subject to the availability of funding in the annual
Budget Act, the Superintendent of Public Instruction shall contract
with an independent evaluator on or before December 15, 2002, to
prepare a comprehensive evaluation of the implementation, impact,
cost, and benefit of the California Peer Assistance and Review
Program for Teachers.  The evaluation shall be delivered to the
Legislature, the Governor, and interested parties on or before
January 1, 2004.  As a condition of receiving funding, school
districts implementing programs pursuant to this article shall
provide data, as requested by the Superintendent of Public
Instruction, to provide baseline information for the evaluation.
  SEC. 20.4.  Section 44579.4 of the Education Code is amended to
read:
   44579.4.  (a) For the 1998-99 school year, a school district may
request on or before October 31, 1999, and the State Board of
Education may provide a waiver of instructional time requirements if
both of the following conditions are met:
   (1) The district provides evidence to the board that the waiver is
necessary only because the repeal of the authority of school
districts to provide staff development during instructional time
results in the district being unable to reasonably meet the
instructional time requirements.
   (2) The school district had a school calendar, or a schoolsite
plan adopted in accordance with law, either of which was approved by
the governing board prior to the operative date of this section, or
not more than 30 days after that date, that authorizes the use of
instructional days for staff development.
   (b) A school district that receives a waiver for the 1998-99
school year shall ensure that both of the following occur:
   (1) The combined instructional time and staff development time
provided by the district during the 1998-99 school year pursuant to
the waiver meets or exceeds 180 days or the equivalent number of
annual instructional minutes determined pursuant to Article 8
(commencing with Section 46200) of Chapter 2 of Part 26.
   (2) The actual instructional time provided is at least 172 days or
the equivalent number of annual instructional minutes determined
pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of
Part 26.
   (c) The maximum amount of instructional time that may be waived
may not exceed the number of days for which the school district had
previously approved for staff development days within the school
calendar, or in a schoolsite plan adopted in accordance with law.
   (d) A school district that receives a waiver for the 1998-99
school year under this section shall only be eligible to receive
staff development funding under this article for each day of staff
development offered under this article that replaces a staff
development day previously authorized under Sections 44670.6,
48645.7, 52022, 52854, or 56242 and utilized during the 1997-98
school year and that was included in a school calendar, or schoolsite
plan adopted in accordance with law, that was approved by the local
governing board prior to the operative date of this section or not
more than 30 days after that date.  For purposes of this subdivision,
a staff development day funded pursuant to the Staff Development
Buy-Out Program in the 1997-98 school year shall be funded in the
1998-99 school year with no requirement that this day replace an
additional staff development day that was previously authorized
pursuant to Sections 44670.6, 48645.7, 52022, 52854, or 56242.
  SEC. 21.  Section 44695 of the Education Code is amended to read:
   44695.  The State Department of Education shall administer a
program of staff development grants to reimburse school districts and
county offices of education for fees and materials costs for
teachers to take mathematics courses offered by the mathematics
departments at accredited institutions of higher education.  The
purpose of the staff development coursework is to increase the
content knowledge of teachers who teach mathematics to pupils in
grades 4 to 12, inclusive, in order to increase the teacher's
capability to impart knowledge of mathematics content consistent with
the academically rigorous content standards adopted by the State
Board of Education in the subject of mathematics.  The department
shall do all of the following:
   (a) Develop criteria, guidelines, and procedures as necessary and
submit these to the State Board of Education for amendments, if any,
and approval.
   (b) Identify school districts that meet eligibility requirements
for grant awards.
   (c) Calculate an allotment for eligible school districts pursuant
to Section 44695.5.
   (d) Allocate funds to eligible school districts pursuant to
Section 44695.5 based on the actual cost of fees and materials.
  SEC. 22.  Section 44695.7 of the Education Code is amended to read:

   44695.7.  Funds received pursuant to this article may be expended
only for fees and required course materials for courses in
mathematics offered by the mathematics departments at accredited
institutions of higher education.
                             SEC. 22.6.  Section 45023.4 of the
Education Code, as added by Chapter 53 of the Statutes of 1999, is
amended to read:
   45023.4.  (a) This section shall be known, and may be cited, as
the Jack O'Connell Beginning-Teacher Salary Incentive Program.
Commencing in the 1999-2000 fiscal year the governing board of a
school district, the county superintendent of schools, or the county
board of education may increase, for teachers who meet the
requirements of this subdivision, the salary on its adopted
certificated employee salary schedule as provided in subdivision (b).
  Any school district that elects to meet the requirements of this
section shall be eligible to receive the incentive amount provided by
subdivision (c).  For purposes of this section, any teacher for whom
the governing board, county superintendent of schools, or county
board of education may increase salaries shall meet all of the
following criteria:
   (1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
   (2) Possess a baccalaureate or higher degree.
   (3) Receive a salary paid from the general fund of the district or
county office.
   (b) The governing board, county superintendent of schools, or
county board of education that elects to increase teachers' salaries
as authorized pursuant to subdivision (a) shall perform the following
computations:
   (1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting or exceeding the
criteria in subdivision (a) an amount equal to a minimum annual
salary of thirty-two thousand dollars ($32,000).  If this salary
change results in costs to the school district or county office of
education that are equal to or greater than the incentive received
pursuant to subdivision (c), the minimum salary shall be thirty-two
thousand dollars ($32,000).  If this salary change results in costs
to the school districts or county offices of education  that are less
than the incentive received the remainder shall be used to increase
the beginning salary by an amount above thirty-two thousand dollars
($32,000) which fully applies the incentive received.
   (2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule is
less than the amount computed in paragraph (1) and, notwithstanding
Section 45028, shall incorporate that increase into the salary
schedule.
   (3) The newly adopted salary schedule shall contain only one cell
that meets the amount set forth in paragraph (1), which most often is
the first-year step of a salary schedule column for certificated
personnel who meet the criteria set forth in subdivision (a).  All
other salary schedule cells shall exceed the level set forth in
paragraph (1) for personnel that meet the criteria in subdivision
(a).
   (c) In the 1999-2000 fiscal year, the Superintendent of Public
Instruction shall divide the amount appropriated for the purposes of
this section by the 1998-99 second principal apportionment average
daily attendance for all school districts and county offices of
education in the state.  Each school district and county office of
education that certifies to the Superintendent of Public Instruction
that it is in full compliance with this section shall receive
following that certification an amount equal to the results of the
calculation multiplied by the participating school district's or
county office's 1998-99 second principal apportionment average daily
attendance.
   (d) Each school district or county office of education that meets
the requirements of subdivision (b) may adjust its revenue limit
computed pursuant to Section 2550 or 42238 to reflect the amount
received pursuant to subdivision (c) for purposes of calculating
revenue limits for the 2000-01 fiscal year and each fiscal year
thereafter.  This adjustment shall be increased by an amount
necessary to compensate for the deficit factor calculated pursuant to
Sections 2558.45 and 42238.145.
   (e) The adjustment to the district's revenue limit prescribed in
subdivision (d) shall continue so long as the increase in the salary
schedule made pursuant to paragraph (2) of subdivision (b) is
maintained.
   (f) The adjustment made to school district or county office of
education revenue limits pursuant to subdivision (d) shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments or determining other
wealth-related differences in school funding.
   (g) This section does not prohibit a school district and its
employees from negotiating salary schedules.
  SEC. 22.7.  Section 47613.1 is added to the Education Code, to
read:
   47613.1.  In the 1999-2000, 2000-01, or 2001-02 fiscal years, the
Superintendent of Public Instruction shall make all of the following
apportionments on behalf of a charter school that elects not to be
funded pursuant to the block grant funding model set forth in Section
47633 in each fiscal year that the charter school so elects:
   (a) From funds appropriated to Section A of the State School Fund
for apportionment for that fiscal year pursuant to Article 2
(commencing with Section 42238) of Chapter 7 of Part 24, an amount
for each unit of regular average daily attendance in the charter
school that is equal to the current fiscal year base revenue limit
for the school district to which the charter petition was submitted.

   (b) For each pupil enrolled in the charter school who is entitled
to special education services, the state and federal funds for
special education services for that pupil that would have been
apportioned for that pupil to the school district to which the
charter petition was submitted.
   (c) Funds for the programs described in clause (i) of subparagraph
(B) of paragraph (1) of subdivision (a) of Section 54761, and
Sections 63000 and 64000, to the extent that any pupil enrolled in
the charter school is eligible to participate.
  SEC. 23.  Section 47632 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   47632.  For purposes of this chapter, the following terms shall be
defined as follows:
   (a) "General-purpose entitlement" means an amount computed by
formula set forth in Section 47633 beginning in the 1999-2000 fiscal
year, which is based on the statewide average amounts of general
purpose funding from those state and local sources identified in
Section 47633 received by school districts of similar type and
serving similar pupil populations.
   (b) "Categorical block grant" means an amount computed by the
formula set forth in Section 47634 beginning in the 1999-2000 fiscal
year, which is based on the statewide average amounts of categorical
aid from those sources identified in Section 47634 received by school
districts of similar type and serving similar pupil populations.
   (c) "General-purpose funding" means those funds that consist of
state aid, local property taxes, and other revenues applied toward a
school district's revenue limit, pursuant to Section 42238.
   (d) "Categorical aid" means aid that consists of state or
federally funded programs, or both, which are apportioned for
specific purposes set forth in statute or regulation.
   (e) "Educationally disadvantaged pupils" means those pupils who
are eligible for subsidized meals pursuant to Section 49552 or are
identified as English learners pursuant to subdivision (a) of Section
306, or both.
   (f) "Operational funding" means all funding except funding for
capital outlay.
   (g) "School district of a similar type" means a school district
that is serving similar grade levels.
   (h) "Similar pupil population" means similar numbers of pupils by
grade level, with a similar proportion of educationally disadvantaged
pupils.
   (i) "Sponsoring local educational agency" means the following:
   (1) In the cases where a charter school is granted by a school
district, the sponsoring local educational agency is the school
district.
   (2) In cases where a charter is granted by a county office of
education after having been previously denied by a school district,
the sponsoring local educational agency means the school district
that initially denied the charter petition.
   (3) In cases where a charter is granted by the State Board of
Education after having been previously denied by a local educational
agency, the sponsoring local educational agency means the local
educational agency designated by the State Board of Education
pursuant to paragraph (1) of subdivision (k) of Section 47605 or if a
local educational agency is not designated, the local educational
agency that initially denied the charter petition.
   (4) For pupils attending county-sponsored charter schools who are
eligible to attend such schools solely as a result of parental
request pursuant to subdivision (b) of Section 1981, the sponsoring
local education agencies means the pupils' school districts of
residence.
  SEC. 23.1.  Section 47634 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   47634.  The Superintendent of Public Instruction shall annually
compute a categorical block grant amount for each charter school as
follows:
   (a) The superintendent shall compute, as of June 30, 1999, the
estimated statewide average amount of funding for other state
categorical aid per unit of average daily attendance received by
school districts in 1998-99, for each of four grade level ranges:
kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and
8; and grades 9 to 12, inclusive.  For purposes of this computation,
other state categorical aid is limited to the following programs:
   (1) The Agricultural Vocational Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28.
   (2) Apprentice education established pursuant to Article 8
(commencing with Section 8150) of Chapter 1 of Part 6.
   (3) The Beginning Teacher Support and Assessment System as set
forth in Article 4.5 (commencing with Section 44279.1) of Chapter 2
of Part 25.
   (4) College preparation programs as set forth in Chapter 8
(commencing with Section 60830) of Part 33, the Academic Improvement
and Achievement Act as set forth in Chapter 12 (commencing with
Section 11020) of Part 7, and the advanced placement program as set
forth in Chapter 8.3 (commencing with Section 52240) of Part 28.
   (5) Community day schools as set forth in Article 3 (commencing
with Section 48660) of Chapter 4 of Part 27.
   (6) The Demonstration Programs in Intensive Instruction as set
forth in Chapter 4 (commencing with Section 58600) of Part 31.
   (7) The School-Based Pupil Motivation and Maintenance Program and
Dropout Recovery Act, as set forth in Article 7 (commencing with
Section 54720) of Chapter 9 of Part 29.
   (8) The Early Intervention for School Success Program, as set
forth in Article 4.5 (commencing with Section 54685) of Chapter 9 of
Part 29.
   (9) Education Technology pursuant to Article 15 (commencing with
Section 51870.5) of Chapter 5 of Part 28.
   (10) Foster youth programs pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24.
   (11) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.
   (12) The Healthy Start Support Services for Children Act, as set
forth in Chapter 5 (commencing with Section 8800) of Part 6.
   (13) High-risk first-time offenders programs pursuant to Chapter 2
(commencing with Section 47760) of Part 26.95.
   (14) The General Fund contribution to the State Instructional
Material Fund pursuant to Article 3 (commencing with Section 60240)
of Chapter 2 of Part 33.
   (15) Intersegmental programs for kindergarten and grades 1 to 12,
inclusive, funded by Item 6110-230-0001 of Section 2.00 of the Budget
Act of 1998.
   (16) Proposition 98 educational programs pursuant to Item
6110-231-0001 of Section 2.00 of the Budget Act of 1998.
   (17) The California Mentor Teacher Program, as set forth in
Article 4 (commencing with Section 44490) of Chapter 3 of Part 25.
   (18) The Miller-Unruh Basic Reading Act of 1965, as set forth in
Chapter 2 (commencing with Section 54100) of Part 29.
   (19) The Morgan-Hart Class Size Reduction Act of 1989, as set
forth in Chapter 6.8 (commencing with Section 52080) of Part 28.
   (20) Opportunity schools pursuant to Article 2 (commencing with
Section 48630) of Chapter 4 of Part 27.
   (21) Partnership academies pursuant to Article 5 (commencing with
Section 54690) of Chapter 9 of Part 29.
   (22) Mathematics staff development pursuant to Chapter 3.25
(commencing with Section 44695) and Chapter 3.33 (commencing with
Section 44720) of Part 25.
   (23) Improvement of elementary and secondary education pursuant to
Chapter 6 (commencing with Section 52000) of Part 28.
   (24) The School Community Policing Partnership Act of 1998, as set
forth in Article 6 (commencing with Section 32296) of Chapter 2.5 of
Part 19.
   (25) The School/Law Enforcement partnership funded by Item
6110-226-0001 of Section 2.00 of the Budget Act of 1998.
   (26) Specialized secondary schools pursuant to Chapter 6
(commencing with Section 58800) of Part 31.
   (27) School personnel staff development and resource centers
pursuant to Chapter 3.1 (commencing with Section 44670) of Part 25.
   (28) Supplemental grants funding, not otherwise included in the
programs described above, provided by Item 6110-230-0001 of Section
2.00 of the Budget Act of 1998.
   (29) Academic progress and counseling review pursuant to Section
48431.6.
   (30) The Schiff-Bustamante Standards-Based Instructional Materials
Programs as set forth in Chapter 3.5 (commencing with Section 60450)
of Part 33.
   (31) The Elementary School Intensive Reading Program, as set forth
in Chapter 16 (commencing with Section 53025) of Part 28.
   (32) The California Public School Library Protection Act, as set
forth in Article 6 (commencing with Section 18175) of Chapter 2 of
Part 11.
   (33) The Public School Accountability Act of 1999, as set forth in
Chapter 6.1 (commencing with Section 52050) of Part 28.
   (34) The California Peer Assistance and Review Program for
Teachers, as set forth in Article 4.5 (commencing with Section 44500)
of Chapter 3 of Part 25.
   Notwithstanding any other provision of law, charter schools that
have received a block grant pursuant to this section shall not be
eligible to receive separate funding for programs enumerated in
paragraphs (1) to (34), inclusive or any other state categorical aid
programs established on or after July 1, 1999, for which charter
schools are not required to apply separately.
   (b) For purposes of the computation prescribed by subdivision (a),
other state categorical aid may not include any of the following:
   (1) Programs for which a charter school is required to apply
separately.
   (2) Programs that support, or are provided in lieu of, capital
expenses.
   (3) Funding for court-ordered or voluntary desegregation programs.

   (4) Special education programs.
   (5) Economic Impact Aid.
   (6) Lottery funds.
   (c) The superintendent shall annually adjust each of the resulting
four amounts computed pursuant to subdivision (a) by the cumulative
percentage change from the 1998-99 fiscal year, as annually
calculated by the Director of Finance pursuant to Section 47634.5, in
the total amount of state funding per unit of average daily
attendance received by K-12 local educational agencies for purposes
that apply toward meeting the requirements of Section 8 of Article
XVI of the California Constitution, exclusive of funding for adult
education, child development programs, special education, Economic
Impact Aid, revenue limits for school districts and county offices of
education, and programs for which a charter school is required to
apply separately.
   (d) The superintendent shall multiply each of the four amounts
computed in subdivision (c) by the charter school's average daily
attendance in the corresponding grade level ranges.
   (e) The superintendent shall compute the statewide average amount
of funding per identified educationally disadvantaged pupil received
by school districts in the current year pursuant to Article 2
(commencing with Section 54020) of Chapter 1 of Part 29.  This amount
shall be multiplied by the number of educationally disadvantaged
pupils enrolled in the charter school.  The resulting amount may, if
greater than zero, not be less than the minimum amount of Economic
Impact Aid funding to which a school district of similar size would
be entitled pursuant to Section 54031.  For purposes of this
subdivision, a pupil who is eligible for subsidized meals pursuant to
Section 49552 and is identified as an English language learner
pursuant to subdivision (a) of Section 306 shall count as two pupils.

   (f) The superintendent shall add the amounts computed in
subdivisions (d) and (e).  The resulting amount shall be the charter
school's categorical block grant, that the superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute.
   (g) Notwithstanding any other provision of law, a charter school
is not eligible to apply for funding under any of the programs the
funding of which is included in the computation of the categorical
block grant.  The Superintendent of Public Instruction shall annually
provide each charter school with a list of these programs and shall
ensure that a charter school receives timely notification of the
opportunity to apply for programs administered by the State
Department of Education that are excluded from the categorical block
grant.
   (h) It is the intent of the Legislature to fully fund the
categorical block grant and to appropriate additional funding that
may be needed in order to compensate for unanticipated increases in
average daily attendance in charter schools.
   (i) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.
  SEC. 23.2.  Section 47634.3 is added to the Education Code, to
read:
   47634.3.  For purposes of Sections 47633 and 47634, the
superintendent shall compute average daily attendance in each of
grades 1 through 12, respectively, as follows:
   (a) Distribute statewide total ungraded enrollment and average
daily attendance among kindergarten and each of grades 1 through 12,
inclusive, in proportion to the amounts of graded enrollment and
average daily attendance, respectively, in each of these grades.
   (b) Multiply enrollment in each of grades 1 through 12,
respectively, by the ratio of average daily attendance to enrollment
in the applicable grade range:  1 through 3, inclusive, 4 through 6,
inclusive; 7 and 8; and 9 through 12, inclusive.
  SEC. 23.3.  Section 47636 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   47636.  (a) This chapter may not be construed to prevent charter
schools from applying for, or receiving, operational funding under
state or federal categorical programs, the funding of which is not
included in the computation of the block grant entitlement.  Unless
specifically prohibited, a charter school shall only apply for
federal or state categorical programs as follows:
   (1) A charter school that elects to receive its funding directly,
pursuant to Section 47651, may apply for federal and state
categorical programs individually.  Except as otherwise provided in
this chapter, for purposes of determining eligibility for, and
allocations of federal or state categorical aid, a charter school
that applies individually shall be deemed to be a school district.
   (2) A charter school that does not elect to receive its funding
directly may apply for federal and state categorical programs in
cooperation with its sponsoring local educational  agency.
   (b) This chapter may not be construed to prevent a charter school
from negotiating with a local educational agency for a share of
operational funding from sources not otherwise set forth in this
chapter including, but not limited to, all of the following:
   (1) Forest reserve revenues and other operational revenues
received due to harvesting or extraction of minerals or other natural
resources.
   (2) Sales and use taxes, to the extent that the associated
revenues are available for noncapital expenses of public schools.
   (3) Parcel taxes, to the extent that the associated revenues are
available for noncapital expenses of public schools.
   (4) Ad valorem property taxes received by a school district which
exceed its revenue limit entitlement.
   (5) "Basic aid" received by a school district pursuant to Section
6 of Article IX of the California Constitution.
  SEC. 23.4.  Section 47642 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   47642.  Notwithstanding Section 47651, all state and federal
funding for special education apportioned on behalf of pupils
enrolled in a charter school shall be included in the allocation plan
adopted pursuant to subdivision (i) of Section 56195.7 or Section
56836.05, or both, by the special education local plan area that
includes the charter school.
  SEC. 23.5.  Section 47646 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   47646.  (a) A charter school that is deemed to be a public school
of the local educational agency that granted the charter for purposes
of special education shall participate in state and federal funding
for special education in the same manner as any other public school
of that local educational agency.  A child with disabilities
attending the charter school shall receive special education
instruction or designated instruction and services, or both, in the
same manner as a child with disabilities who attends another public
school of that local educational agency.  The agency that granted the
charter shall ensure that all children with disabilities enrolled in
the charter school receive special education and designated
instruction and services in a manner that is consistent with their
individualized education program and is in compliance with the
Individuals with Disabilities Education Act (20 U.S.C.  Sec. 1400 et
seq.) and implementing regulations.
   (b) In administering the local operation of special education
pursuant to the local plan established pursuant to Chapter 3
(commencing with Section 56200) of Part 30, in which the local
educational agency that granted the charter participates, the local
educational agency that granted the charter shall ensure that each
charter school that is deemed a public school for purposes of special
education receives an equitable share of special education funding
and services consisting of either, or both, of the following:
   (1) State and federal funding provided to support special
education instruction or designated instruction and services, or
both, provided or procured by the charter school that  serves pupils
enrolled in and attending the charter school.
   (2) Any necessary special education services, including
administrative and support services and itinerant services, that is
provided by the local educational agency on behalf of pupils with
disabilities enrolled in the charter school.
   (c) In administering the local operation of special education
pursuant to the local plan established pursuant to Chapter 3
(commencing with Section 56200) of Part 30, in which the local
educational agency that granted the charter participates, the local
educational agency that granted the charter shall ensure that each
charter school that is deemed a public school for purposes of special
education also contributes an equitable share of its charter school
block grant funding to support districtwide special education
instruction and services, including, but not limited to, special
education instruction and services for pupils with disabilities
enrolled in the charter school.
  SEC. 23.6.  Section 47652 is added to the Education Code, to read:

   47652.  Notwithstanding Section 41330, for the 1999-2000 fiscal
year a charter school in its first year of operation shall be
eligible to receive funding for the advance apportionment based on an
estimate of average daily attendance for the current fiscal year, as
approved by the local educational agency that granted its charter
and the county office of education in which the charter-granting
agency is located.  Not later than five business days following the
end of the first 20 school days, a charter school receiving funding
pursuant to this section shall report to the Department of Education
its actual average daily attendance for that first month, and the
Superintendent of Public Instruction shall adjust immediately, but
not later than 45 days, the amount of its advance apportionment
accordingly.
  SEC. 23.7.  Section 47660 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   47660.  (a) For purposes of computing eligibility for, and
entitlements to, general-purpose funding and operational funding for
categorical programs, a sponsoring local educational agency's
enrollment and average daily attendance shall exclude all enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
   (b) Notwithstanding subdivision (a), for purposes of computing
eligibility for, and entitlements to, revenue limit funding, the
average daily attendance of a unified school district, other than a
unified school district that has converted all of its schools to
charter status pursuant to Section 47606, shall include all
attendance of pupils who attend charter schools for which the
district is the sponsoring local educational agency and reside in,
and would otherwise have been eligible to attend a noncharter school
of, the district.
  SEC. 23.9.  Section 48660 of the Education Code is amended to read:

   48660.  The governing board of a school district may establish one
or more community day schools for pupils who meet one or more of the
conditions described in subdivision (b) of Section 48662.  A
community day school may serve pupils in any of kindergarten and
grades 1 to 6, inclusive, or any of grades 7 to 12, inclusive, or the
same or lesser included range of grades as may be found in any
individual middle or junior high school operated by the district.  If
a school district is organized as
       a district that serves kindergarten and grades 1 to 8,
inclusive, but no higher grades, the governing board of the school
district may establish a community day school for any kindergarten
and grades 1 to 8, inclusive, upon a two-thirds vote of the board.
It is the intent of the Legislature, that to the extent possible, the
governing board of a school district operating a community day
school for any of kindergarten and grades 1 to 8, inclusive, separate
younger pupils from older pupils within that community day school.
Except as provided in Section 47634, a charter school may not receive
funding as a community day school unless it meets all the conditions
of apportionment set forth in this article.
  SEC. 24.  Section 48661 of the Education Code is amended to read:
   48661.  (a) A community day school shall not be situated on the
same site as an elementary, middle, junior high, comprehensive senior
high, opportunity, or continuation school, except  as follows:
   (1) When the governing board of a school district with 2,500 or
fewer units of average daily attendance reported for the most recent
second principal apportionment certifies by a two-thirds vote of its
membership that satisfactory alternative facilities are not available
for a community day school.
   (2) When the governing board of a school district that is
organized as a district to serve kindergarten and grades 1 to 8,
inclusive, but no higher grades, certifies by a two-thirds vote of
its membership that satisfactory alternative facilities are not
available for a community day school.
   (3) When the governing board of a school district that desires to
operate a community day school to serve any of kindergarten and
grades 1 to 6, inclusive, but no higher grades, certifies by a
two-thirds vote of its membership that satisfactory alternative
facilities are not available for a community day school.
   (b) A certification made pursuant to this section is valid for not
more than one school year and may be renewed by a subsequent
two-thirds vote of the governing board.
  SEC. 25.  Section 48900.3 of the Education Code is amended to read:

   48900.3.  In addition to the reasons set forth in Sections 48900
and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be
suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has caused, attempted to cause,
threatened to cause, or participated in an act of, hate violence, as
defined in subdivision (e) of Section 233.
  SEC. 26.  Section 48916.1 of the Education Code is amended to read:

   48916.1.  (a) At the time an expulsion of a pupil is ordered, the
governing board of the school district shall ensure that an education
program is provided to the pupil who is subject to the expulsion
order for the period of the expulsion.  Except for pupils expelled
pursuant to subdivision (d) of Section 48915, the governing board of
a school district is required to implement the provisions of this
section only to the extent funds are appropriated for this purpose in
the annual Budget Act or other legislation, or both.
   (b) Notwithstanding any other provision of law, any educational
program provided pursuant to subdivision (a) may be operated by the
school district, the county superintendent of schools, or a
consortium of districts or in joint agreement with the county
superintendent of schools.
   (c) Any educational program provided pursuant to subdivision (b)
may not be situated within or on the grounds of the school from which
the pupil was expelled.
   (d) If the pupil who is subject to the expulsion order was
expelled from any of kindergarten or grades 1 to 6, inclusive, the
educational program provided pursuant to subdivision (b) may not be
combined or merged with educational programs offered to pupils in any
of grades 7 to 12, inclusive.  The district or county program is the
only program required to be provided to expelled pupils as
determined by the governing board of the school district.  This
subdivision, as it relates to the separation of pupils by grade
levels, does not apply to community day schools offering instruction
in any of kindergarten and grades 1 to 8, inclusive, and established
in accordance with Section 48660.
   (e) (1) Each school district shall maintain data as specified in
this subdivision and report the data annually to the State Department
of Education, commencing June 1, 1997, on forms provided by the
State Department of Education.  The school district shall maintain
the following data:
   (A) The number of pupils recommended for expulsion.
   (B) The grounds for each recommended expulsion.
   (C) Whether the pupil was subsequently expelled.
   (D) Whether the expulsion order was suspended.
   (E) The type of referral made after the expulsion.
   (F) The disposition of the pupil after the end of the period of
expulsion.
   (2) When a school district does not report outcome data as
required by this subdivision, the Superintendent of Public
Instruction may not apportion any further money to the school
district pursuant to Section 48664 until the school district is in
compliance with the provisions of this subdivision.  Before
withholding the apportionment of funds to a school district pursuant
to this subdivision, the Superintendent of Public Instruction shall
give written notice to the governing board of the school district
that the school district has failed to report the data required by
paragraph (1) and that the school district has 30 calendar days from
the date of the written notice of noncompliance to report the
requested data and thereby avoid the withholding of the apportionment
of funds.
   (f) If the county superintendent of schools is unable for any
reason to serve the expelled pupils of a school district within the
county, the governing board of that school district may enter into an
agreement with a county superintendent of schools in another county
to provide education services for the district's expelled pupils.
  SEC. 30.  Section 52244 of the Education Code is amended to read:
   52244.  (a) There is hereby established a pilot grant program for
the purpose of awarding grants to cover the costs of advanced
placement examination fees.  The State Department of Education shall
administer this program.
   (b) Any school district may apply to the State Department of
Education for grant funding pursuant to this section, based on the
number of economically disadvantaged pupils in the district enrolled
in advanced placement courses who will take the next offered advanced
placement examinations.  A school district that applies to the State
Department of Education for this purpose shall designate school
district staff to whom pupils may submit applications for grants and
shall institute a plan to notify pupils of the availability of
financial assistance pursuant to this section.  Grants shall be
expended only to pay the fees required of pupils to take an advanced
placement examination.
   (c) Any economically disadvantaged pupil who is enrolled in an
advanced placement course may apply to the designated school district
staff for a grant pursuant to this section.  A pupil who receives a
grant shall pay five dollars ($5) of the examination fee.
   (d) School districts and county superintendents of schools may
join together and form collaboratives or consortia in order to
participate in the grant program established by this section.
   (e) Grants provided pursuant to this section shall not be used to
supplant fee waivers available to low-income pupils who take advanced
placement examinations.
   (f) If the total school district applications exceed the total
funds available pursuant to this section, the State Department of
Education shall prorate the grants based upon the ratio of the total
amount requested to the total amount budgeted by the state for this
purpose.
   (g) To facilitate program administration and school district
reimbursement, the State Department of Education may enter into a
contract with the provider of advanced placement examinations.  For
purposes of the contract authorized pursuant to this subdivision, the
State Department of Education is exempt from the requirements of
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code and from the requirements of Article 6 (commencing with
Section 999) of Chapter 6 of Division 4 of the Military and Veterans
Code.
   (h) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 31.  Section 52853 of the Education Code is amended to read:
   52853.  (a) The schoolsite council shall develop a school plan
which shall include all of the following:
   (1) Curricula, instructional strategies and materials responsive
to the individual needs and learning styles of each pupil.
   (2) Instructional and auxiliary services to meet the special needs
of non-English-speaking or limited-English-speaking pupils,
including instruction in a language these pupils understand;
educationally disadvantaged pupils; gifted and talented pupils; and
pupils with exceptional needs.
   (3) A staff development program for teachers, other school
personnel, paraprofessionals, and volunteers, including those
participating in special programs.  Staff development programs may
include the use of program guidelines that have been developed by the
superintendent for specific learning disabilities, including
dyslexia, and other related disorders.  The strategies included in
the guidelines and instructional materials that focus on successful
approaches for working with pupils who have been prenatally substance
exposed, as well as other at-risk pupils, may also be provided to
teachers.
   (4) Ongoing evaluation of the educational program of the school.
   (5) Other activities and objectives as established by the council.

   (6) The proposed expenditures of funds available to the school
through the programs described in Section 52851.  For purposes of
this subdivision, proposed expenditures of funds available to the
school through the programs described in Section 52851 shall include,
but not be limited to, salaries and staff benefits for persons
providing services for those programs.
   (7) The proposed expenditure of funds available to the school
through the federal Improving America's Schools Act of 1994 (IASA)
(20 U.S.C. Sec.  6301 et seq.) and its amendments.  If the school
operates a state-approved schoolwide program pursuant to Section 6314
of Title 20 of the United States Code in a manner consistent with
the expenditure of funds available to the school pursuant to Section
52851, employees of the schoolwide program may be deemed funded by a
single cost objective.
   (b) The schoolsite council shall annually review the school plan,
establish a new budget, and if necessary, make other modifications in
the plan to reflect changing needs and priorities.
  SEC. 31.5.  Section 56045 of the Education Code, as added by
Chapter 78 of the Statutes of 1999, is amended to read:
   56045.  (a) The Superintendent of Public Instruction shall send a
notice to each member of the governing board of a local education
agency within 30 days of the superintendent's receipt of notification
by the federal government that a local educational agency is not in
compliance with the Individual's with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) or Section 504 of the Rehabilitation Act or
1973 (29 U.S.C. Sec. 794), or when the Superintendent of Public
Instruction determines that the local educational agency is not in
substantial compliance with any provision of this part.  The notice
shall provide a description of those services required by the statute
with which the local educational agency is not in compliance.
   (b) Upon receipt of the notification sent pursuant to subdivision
(a), the governing board shall at a regularly scheduled public
hearing address the issue of noncompliance.
  SEC. 32.  Chapter 1 (commencing with Section 58000) of Part 31 of
the Education Code is repealed.
  SEC. 32.2.  Section 60119 of the Education Code is amended to read:

   60119.  (a) For the 1999-2000 fiscal year and each fiscal year
thereafter, in order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
   (1) The governing board shall hold a public hearing or hearings at
which the governing board shall encourage participation by parents,
teachers, members of the community interested in the affairs of the
school district, and bargaining unit leaders, and shall make a
determination, through a resolution, as to whether each pupil in each
school in the district has, or will have prior to the end of that
fiscal year, sufficient textbooks or instructional materials, or
both, in each subject that are consistent with the content and cycles
of the curriculum framework adopted by the state board.
   (2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth the reasons that each pupil does not have
sufficient textbooks or instructional materials, or both, and take
any action, except an action that would require reimbursement by the
Commission on State Mandates, to ensure that each pupil has
sufficient textbooks or instructional materials, or both, within a
two-year period from the date of the determination.
   (B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
   (i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
   (ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
   (iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
   (b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a).  The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places in the school district.
   (c) Except for purposes of Section 60252, governing boards of
school districts that receive funds for instructional materials from
any state source, are subject to the requirements of this section
only in a fiscal year in which the Superintendent of Public
Instruction determines that the base revenue limit for each school
district will increase by at least 1 percent per unit of average
daily attendance from the prior fiscal year.
   (d) The governing board of a school district is eligible to
receive funds available for the purposes of this article for the
1994-95 fiscal year to the 1998-99 fiscal year, inclusive, whether or
not the governing board complied with the public hearing requirement
set forth in paragraph (1) of subdivision (a).
  SEC. 35.  Section 628.2 of the Penal Code is amended to read:
   628.2.  (a) On forms prepared and supplied by the State Department
of Education, each principal of a school in a school district and
each principal or director of a school, program, or camp under the
jurisdiction of the county superintendent of schools shall forward a
completed report of crimes committed on school or camp grounds at the
end of each reporting period to the district superintendent or
county superintendent of schools, as the case may be.
   (b) The district superintendent, or, as appropriate, the county
superintendent of schools, shall compile the school data and submit
the aggregated data to the State Department of Education not later
than February 1 for the reporting period of July 1 through December
31, and not later than August 1 for the reporting period of January 1
through June 30.
   (c) The superintendent of any school district that maintains a
police department pursuant to Section 39670 of the Education Code may
direct the chief of police or other administrator of that department
to prepare the completed report of crimes for one or more schools in
the district, to compile the school data for the district, and to
submit the aggregated data to the State Department of Education in
accordance with this section.  If the chief of police or other
designated administrator completes the report of crimes, the chief of
police or other designated administrator shall provide information
to each school principal about the school crime reporting program,
the crime descriptions included in the reporting program, the
reporting guidelines, and the required documentation identified by
the State Department of Education for each crime description.
   (d) The State Department of Education shall distribute, upon
request, to each school district governing board, each office of the
county superintendent of schools, each county probation department,
the Attorney General, the Fair Employment and Housing Commission,
county human relations commissions, civil rights organizations, and
private organizations, a summary of the statewide aggregated data.
The department also shall distribute, upon request, to each office of
the county superintendent of schools, each county sheriff, and each
county probation department, a summary of that county's school
district reports and county reports.  This information shall be
supplied not later than March 1 of each year for the previous school
year.  The department shall also submit to the Legislature a summary
of the statewide aggregated data not later than March 1 of each year
for the previous school year.  In addition, commencing with the
second annual report, the department shall identify and analyze
trends in school crime by comparing the numbers and rates of crimes
and the resulting economic losses for each year against those of
previous years.
   (e) All school district, county, and statewide reports prepared
under this chapter shall be deemed public documents and shall be made
available to the public at a price not to exceed the actual cost of
duplication and distribution.
  SEC. 35.5.  Section 97.2 of the Revenue and Taxation Code, as
amended by Chapter 78 of the Statutes of 1999, is amended to read:
   97.2.  Notwithstanding any other provision of this chapter, the
computations and allocations made by each county pursuant to Section
96.1 or its predecessor section shall be modified for the 1992-93
fiscal year pursuant to subdivisions (a) to (d), inclusive, and for
the 1997-98 and 1998-99 fiscal years pursuant to subdivision (e), as
follows:
   (a) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each county shall be reduced by the dollar amounts indicated as
follows, multiplied by 0.953649:


                                      Property
                                    Tax Reduction
                                     per County
  Alameda .......................    $ 27,323,576
  Alpine ........................           5,169
  Amador ........................         286,131
  Butte .........................         846,452
  Calaveras .....................         507,526
  Colusa ........................         186,438
  Contra Costa ..................      12,504,318
  Del Norte .....................          46,523
  El Dorado .....................       1,544,590
  Fresno ........................       5,387,570
  Glenn .........................         378,055
  Humboldt ......................       1,084,968
  Imperial ......................         998,222
  Inyo ..........................         366,402
  Kern ..........................       6,907,282
  Kings .........................       1,303,774
  Lake ..........................         998,222
  Lassen ........................          93,045
  Los Angeles ...................     244,178,806
  Madera ........................         809,194
  Marin .........................       3,902,258
  Mariposa ......................          40,136
  Mendocino .....................       1,004,112
  Merced ........................       2,445,709
  Modoc .........................         134,650
  Mono ..........................         319,793
  Monterey ......................       2,519,507
  Napa ..........................       1,362,036
  Nevada ........................         762,585
  Orange ........................       9,900,654
  Placer ........................       1,991,265
  Plumas ........................          71,076
  Riverside .....................       7,575,353
  Sacramento ....................      15,323,634
  San Benito ....................         198,090
  San Bernardino ................      14,467,099
  San Diego .....................      17,687,776
  San Francisco .................      53,266,991
  San Joaquin ...................       8,574,869
  San Luis Obispo ...............       2,547,990
  San Mateo .....................       7,979,302
  Santa Barbara .................       4,411,812
  Santa Clara ...................      20,103,706
  Santa Cruz ....................       1,416,413
  Shasta ........................       1,096,468
  Sierra ........................          97,103
  Siskiyou ......................         467,390
  Solano ........................       5,378,048
  Sonoma ........................       5,455,911
  Stanislaus ....................       2,242,129
  Sutter ........................         831,204
  Tehama ........................         450,559
  Trinity .......................          50,399
  Tulare ........................       4,228,525
  Tuolumne ......................         740,574
  Ventura .......................       9,412,547
  Yolo ..........................       1,860,499
  Yuba ..........................         842,857

   (2) Notwithstanding paragraph (1), the amount of the reduction
specified in that paragraph for any county or city and county that
has been materially and substantially impacted as a result of a
federally declared disaster, as evidenced by at least 20 percent of
the cities, or cities and unincorporated areas of the county
representing 20 percent of the population within the county suffering
substantial damage, as certified by the Director of the Office of
Emergency Services, occurring between October 1, 1989, and the
effective date of this section, shall be reduced by that portion of
five million dollars ($5,000,000) determined for that county or city
and county pursuant to subparagraph (B) of paragraph (3).
   (3) On or before October 1, 1992, the Director of Finance shall do
all of the following:
   (A) Determine the population of each county and city and county in
which a federally declared disaster has occurred between October 1,
1989, and the effective date of this section.
   (B) Determine for each county and city and county as described in
subparagraph (A) its share of five million dollars ($5,000,000) on
the basis of that county's population relative to the total
population of all counties described in subparagraph (A).
   (C) Notify each auditor of each county and city and county of the
amounts determined pursuant to subparagraph (B).
   (b) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each city, except for a newly incorporated city that did not receive
property tax revenues in the 1991-92 fiscal year, shall be reduced by
9 percent.  In making the above computation with respect to cities
in Alameda County, the computation for a city described in paragraph
(6) of subdivision (a) of Section 100.7, as added by Section 73.5 of
Chapter 323 of the Statutes of 1983, shall be adjusted so that the
amount multiplied by 9 percent is reduced by the amount determined
for that city for "museums" pursuant to paragraph (2) of subdivision
(h) of Section 95.
   (2) Notwithstanding paragraph (1), the amount of the reduction
determined pursuant to that paragraph for any city that has been
materially and substantially impacted as a result of a federally
declared disaster, as certified by the Director of the Office of
Emergency Services, occurring between October 1, 1989, and the
effective date of this section, shall be reduced by that portion of
fifteen million dollars ($15,000,000) determined for that city
pursuant to subparagraph (B) of paragraph (3).
   (3) On or before October 1, 1992, the Director of Finance shall do
all of the following:
   (A) Determine the population of each city in which a federally
declared disaster has occurred between October 1, 1989, and the
effective date of this section.
   (B) Determine for each city as described in subparagraph (A) its
share of fifteen million dollars ($15,000,000) on the basis of that
city's population relative to the total population of all cities
described in subparagraph (A).
   (C) Notify each auditor of each county and city and county of the
amounts determined pursuant to subparagraph (B).
   (4) In the 1992-93 fiscal year and each fiscal year thereafter,
the auditor shall adjust the computations required pursuant to
Article 4 (commencing with Section 98) so that those computations do
not result in the restoration of any reduction required pursuant to
this section.
   (c) (1) Subject to paragraph (2), the amount of property tax
revenue, other than those revenues that are pledged to debt service,
deemed allocated in the prior fiscal year to a special district,
other than a multicounty district, a local hospital district, or a
district governed by a city council or whose governing board has the
same membership as a city council, shall be reduced by 35 percent.
For purposes of this subdivision, "revenues that are pledged to debt
service" include only those amounts required to pay debt service
costs in the 1991-92 fiscal year on debt instruments issued by a
special district for the acquisition of capital assets.
   (2) No reduction pursuant to paragraph (1) for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district's total annual revenues, from whatever source, as shown in
the 1989-90 edition of the State Controller's Report on Financial
Transactions Concerning Special Districts (not including any annual
revenues from fiscal years following
         the 1989-90 fiscal year).  With respect to any special
district, as defined pursuant to subdivision (m) of Section 95, that
is allocated property tax revenue pursuant to this chapter but does
not appear in the State Controller's Report on Financial Transactions
Concerning Special Districts, the auditor shall determine the total
annual revenues for that special district from the information in the
1989-90 edition of the State Controller's Report on Financial
Transactions Concerning Counties.  With respect to a special district
that did not exist in the 1989-90 fiscal year, the auditor may use
information from the first full fiscal year, as appropriate, to
determine the total annual revenues for that special district.  No
reduction pursuant to paragraph (1) for any countywide water agency
that does not sell water at retail shall exceed an amount equal to 10
percent of that portion of that agency's general fund derived from
property tax revenues.
   (3) The auditor in each county shall, on or before January 15,
1993, and on or before January 30 of each year thereafter, submit
information to the Controller concerning the amount of the property
tax revenue reduction to each special district within that county as
a result of paragraphs (1) and (2).  The Controller shall certify
that the calculation of the property tax revenue reduction to each
special district within that county is accurate and correct, and
submit this information to the Director of Finance.
   (A) The Director of Finance shall determine whether the total of
the amounts of the property tax revenue reductions to special
districts, as certified by the Controller, is equal to the amount
that would be required to be allocated to school districts and
community college districts as a result of a three hundred
seventy-five million dollar ($375,000,000) shift of property tax
revenues from special districts for the 1992-93 fiscal year.  If, for
any year, the total of the amount of the property tax revenue
reductions to special districts is less than the amount as described
in the preceding sentence, the amount of property tax revenue, other
than those revenues that are pledged to debt service, deemed
allocated in the prior fiscal year to a special district, other than
a multicounty district, a local hospital district, or a district
governed by a city council or whose governing board has the same
membership as a city council, shall, subject to subparagraph (B), be
reduced by an amount up to 5 percent of the amount subject to
reduction for that district pursuant to paragraphs (1) and (2).
   (B) No reduction pursuant to subparagraph (A), in conjunction with
a reduction pursuant to paragraphs (1) and (2), for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district's total annual revenues, from whatever source, as shown in
the most recent State Controller's Report on Financial Transactions
Concerning Special Districts.  No reduction pursuant to subparagraph
(A), in conjunction with a reduction pursuant to paragraphs (1) and
(2), for any countywide water agency that does not sell water at
retail shall exceed an amount equal to 10 percent of that portion of
that agency's general fund derived from property tax revenues.
   (C) In no event shall the amount of the property tax revenue loss
to a special district derived pursuant to subparagraphs (A) and (B)
exceed 40 percent of that district's property tax revenues or 10
percent of that district's total revenues, from whatever source.
   (4) For the purpose of determining the total annual revenues of a
special district that provides fire protection or fire suppression
services, all of the following shall be excluded from the
determination of total annual revenues:
   (A) If the district had less than two million dollars ($2,000,000)
in total annual revenues in the 1991-92 fiscal year, the revenue
generated by a fire suppression assessment levied pursuant to Article
3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of
Division 1 of Title 5 of the Government Code.
   (B) The total amount of all funds, regardless of the source, that
are appropriated to a district, including a fire department, by a
board of supervisors pursuant to Section 25642 of the Government Code
or Chapter 7 (commencing with Section 13890) of Part 2.7 of Division
12 of the Health and Safety Code for fire protection.  The amendment
of this subparagraph by Chapter 290 of the Statutes of 1997 shall
not be construed to affect any exclusion from the total annual
revenues of a special district that was authorized by this
subparagraph as it read prior to that amendment.
   (C) The revenue received by a district as a result of contracts
entered into pursuant to Section 4133 of the Public Resources Code.
   (5) For the purpose of determining the total annual revenues of a
resource conservation district, all of the following shall be
excluded from the determination of total annual revenues:
   (A) Any revenues received by that district from the state for
financing the acquisition of land, or the construction or improvement
of state projects, and for which that district serves as the fiscal
agent in administering those state funds pursuant to an agreement
entered into between that district and a state agency.
   (B) Any amount received by that district as a private gift or
donation.
   (C) Any amount received as a county grant or contract as
supplemental to, or independent of, that district's property tax
share.
   (D) Any amount received by that district as a federal or state
grant.
   (d) (1) The amount of property tax revenues not allocated to the
county, cities within the county, and special districts as a result
of the reductions calculated pursuant to subdivisions (a), (b), and
(c) shall instead be deposited in the Educational Revenue
Augmentation Fund to be established in each county.  The amount of
revenue in the Educational Revenue Augmentation Fund, derived from
whatever source, shall be allocated pursuant to paragraphs (2) and
(3) to school districts and county offices of education, in total,
and to community college districts, in total, in the same proportion
that property tax revenues were distributed to school districts and
county offices of education, in total, and community college
districts, in total, during the 1991-92 fiscal year.
   (2) The auditor shall, based on information provided by the county
superintendent of schools pursuant to this paragraph, allocate the
proportion of the Educational Revenue Augmentation Fund to those
school districts and county offices of education within the county
that are not excess tax school entities, as defined in subdivision
(n) of Section 95.  The county superintendent of schools shall
determine the amount to be allocated to each school district and
county office of education in inverse proportion to the amounts of
property tax revenue per average daily attendance in each school
district and county office of education.  In no event shall any
additional money be allocated from the fund to a school district or
county office of education upon that school district or county office
of education becoming an excess tax school entity.
   (3) The auditor shall, based on information provided by the
Chancellor of the California Community Colleges pursuant to this
paragraph, allocate the proportion of the Educational Revenue
Augmentation Fund to those community college districts within the
county that are not excess tax school entities, as defined in
subdivision (n) of Section 95.  The chancellor shall determine the
amount to be allocated to each community college district in inverse
proportion to the amounts of property tax revenue per funded
full-time equivalent student in each community college district.  In
no event shall any additional money be allocated from the fund to a
community college district upon that district becoming an excess tax
school entity.
   (4) (A) If, after making the allocation required pursuant to
paragraph (2), the auditor determines that there are still additional
funds to be allocated, the auditor shall allocate those excess funds
pursuant to paragraph (3).  If, after making the allocation pursuant
to paragraph (3), the auditor determines that there are still
additional funds to be allocated, the auditor shall allocate those
excess funds pursuant to paragraph (2).
   (B) (i) For the 1995-96 fiscal year and each fiscal year
thereafter, if, after making the allocations pursuant to paragraphs
(2) and (3) and subparagraph (A), the auditor determines that there
are still additional funds to be allocated, the auditor shall,
subject to clauses (ii) and (iii), allocate those excess funds to the
county superintendent of schools.  Funds allocated pursuant to this
subparagraph shall be counted as property tax revenues for special
education programs in augmentation of the amount calculated pursuant
to Section 2572 of the Education Code, to the extent that those
property tax revenues offset state aid for county offices of
education and school districts within the county pursuant to
subdivision (c) of Section 56836.08 of the Education Code.
   (ii) For the 1995-96 fiscal year only, this subparagraph shall
have no application to the County of Mono and the amount allocated
pursuant to this subparagraph in the County of Marin shall not exceed
five million dollars ($5,000,000).
   (iii) For the 1996-97 fiscal year only, the total amount of funds
allocated by the auditor pursuant to this subparagraph and
subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3
shall not exceed that portion of two million five hundred thousand
dollars ($2,500,000) that corresponds to the county's proportionate
share of all moneys allocated pursuant to this subparagraph and
subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3
for the 1995-96 fiscal year.  Upon the request of the auditor, the
Department of Finance shall provide to the auditor all information in
the department's possession that is necessary for the auditor to
comply with this clause.
   (iv) Notwithstanding clause (i) of this subparagraph, for the
1999-2000 fiscal year only, if, after making the allocations pursuant
to paragraphs (2) and (3) and subparagraph (A), the auditor
determines that there are still additional funds to be allocated, the
auditor shall allocate the funds to the county, cities, and special
districts in proportion to the amounts of ad valorem property tax
revenue otherwise required to be shifted from those local agencies to
the county's Educational Revenue Augmentation Fund for the relevant
fiscal year.  The amount allocated pursuant to this clause shall not
exceed eight million two hundred thirty-nine thousand dollars
($8,239,000), as appropriated in Item 6110-250-0001 of Section 2.00
of the Budget Act of 1999 (Chapter 50, Statutes of 1999).  This
clause shall be operative for the 1999-2000 fiscal year only to the
extent that moneys are appropriated for purposes of this clause in
the Budget Act of 1999 by an appropriation that specifically
references this clause.
   (C) For purposes of allocating the Educational Revenue
Augmentation Fund for the 1996-97 fiscal year, the auditor shall,
after making the allocations for special education programs, if any,
required by subparagraph (B), allocate all remaining funds among the
county, cities, and special districts in proportion to the amounts of
ad valorem property tax revenue otherwise required to be shifted
from those local agencies to the county's Educational Revenue
Augmentation Fund for the relevant fiscal year.  For purposes of ad
valorem property tax revenue allocations for the 1997-98 fiscal year
and each fiscal year thereafter, no amount of ad valorem property tax
revenue allocated to the county, a city, or a special district
pursuant to this subparagraph shall be deemed to be an amount of ad
valorem property tax revenue allocated to that local agency in the
prior fiscal year.
   (5) For purposes of allocations made pursuant to Section 96.1 or
its predecessor section for the 1993-94 fiscal year, the amounts
allocated from the Educational Revenue Augmentation Fund pursuant to
this subdivision, other than amounts deposited in the Educational
Revenue Augmentation Fund pursuant to Section 33681 of the Health and
Safety Code, shall be deemed property tax revenue allocated to the
Educational Revenue Augmentation Fund in the prior fiscal year.
   (e) (1) For the 1997-98 fiscal year:
   (A) The amount of property tax revenue deemed allocated in the
prior fiscal year to any city subject to the reduction specified in
paragraph (2) of subdivision (b) shall be reduced by an amount that
is equal to the difference between the amount determined for the city
pursuant to paragraph (1) of subdivision (b) and the amount of the
reduction determined for the city pursuant to paragraph (2) of
subdivision (b).
   (B) The amount of property tax revenue deemed allocated in the
prior fiscal year to any county or city and county subject to the
reduction specified in paragraph (2) of subdivision (a) shall be
reduced by an amount that is equal to the difference between the
amount specified for the county or city and county pursuant to
paragraph (1) of subdivision (a) and the amount of the reduction
determined for the county or city and county pursuant to paragraph
(2) of subdivision (a).
   (2) The amount of property tax revenues not allocated to a city or
city and county as a result of this subdivision shall be deposited
in the Educational Revenue Augmentation Fund described in
subparagraph (A) of paragraph (1) of subdivision (d).
   (3) For purposes of allocations made pursuant to Section 96.1 for
the 1998-99 fiscal year, the amounts allocated from the Educational
Revenue Augmentation Fund pursuant to this subdivision shall be
deemed property tax revenues allocated to the Educational Revenue
Augmentation Fund in the prior fiscal year.
   (f) It is the intent of the Legislature in enacting this section
that this section supersede and be operative in place of Section
97.03 of the Revenue and Taxation Code, as added by Senate Bill 617
of the 1991-92 Regular Session.
  SEC. 36.  Section 97.3 of the Revenue and Taxation Code, as amended
by Chapter 78 of the Statutes of 1999, is amended to read:
   97.3.  Notwithstanding any other provision of this chapter, the
computations and allocations made by each county pursuant to Section
96.1 or its predecessor section, as modified by Section 97.2 or its
predecessor section for the 1992-93 fiscal year, shall be modified
for the 1993-94 fiscal year pursuant to subdivisions (a) to (c),
inclusive, as follows:
   (a) The amount of property tax revenue deemed allocated in the
prior fiscal year to each county and city and county shall be reduced
by an amount to be determined by the Director of Finance in
accordance with the following:
   (1) The total amount of the property tax reductions for counties
and cities and counties determined pursuant to this section shall be
one billion nine hundred ninety-eight million dollars
($1,998,000,000) in the 1993-94 fiscal year.
   (2) The Director of Finance shall determine the amount of the
reduction for each county or city and county as follows:
   (A) The proportionate share of the property tax revenue reduction
for each county or city and county that would have been imposed on
all counties under the proposal specified in the "May Revision of the
1993-94 Governor's Budget" shall be determined by reference to the
document entitled "Estimated County Property Tax Transfers Under
Governor's May Revision Proposal," published by the Legislative
Analyst's Office on June 1, 1993.
   (B) Each county's or city and county's proportionate share of
total taxable sales in all counties in the 1991-92 fiscal year shall
be determined.
   (C) An amount for each county and city and county shall be
determined by applying its proportionate share determined pursuant to
subparagraph (A) to the one billion nine hundred ninety-eight
million dollar ($1,998,000,000) statewide reduction for counties and
cities and counties.
   (D) An amount for each county and city and county shall be
determined by applying its proportionate share determined pursuant to
subparagraph (B) to the one billion nine hundred ninety-eight
million dollar ($1,998,000,000) statewide reduction for counties and
cities and counties.
   (E) The Director of Finance shall add the amounts determined
pursuant to subparagraphs (C) and (D) for each county and city and
county, and divide the resulting figure by two.  The amount so
determined for each county and city and county shall be divided by a
factor of 1.038.  The resulting figure shall be the amount of
property tax revenue to be subtracted from the amount of property tax
revenue deemed allocated in the prior fiscal year.
   (3) The Director of Finance shall, by July 15, 1993, report to the
Joint Legislative Budget Committee its determination of the amounts
determined pursuant to paragraph (2).
   (4) On or before August 15, 1993, the Director of Finance shall
notify the auditor of each county and city and county of the amount
of property tax revenue reduction determined for each county and city
and county.
   (5) Notwithstanding any other provision of this subdivision, the
amount of the reduction specified in paragraph (2) for any county or
city and county that has first implemented, for the 1993-94 fiscal
year, the alternative procedure for the distribution of property tax
levies authorized by Chapter 3 (commencing with Section 4701) of Part
8 shall be reduced, for the 1993-94 fiscal year only, in the amount
of any increased revenue allocated to each qualifying school entity
that would not have been allocated for the 1993-94 fiscal year but
for the implementation of that alternative procedure.  For purposes
of this paragraph, "qualifying school entity" means any school
district, county office of education, or community college district
that is not an excess tax school entity as defined in Section 95.1.
Notwithstanding any other provision of this paragraph, the amount of
any reduction calculated pursuant to this paragraph for any county or
city and county shall not exceed the reduction calculated for that
county or city and county pursuant to paragraph (2).
   (b) The amount of property tax revenue deemed allocated in the
prior fiscal year to each city shall be reduced by an amount to be
determined by the Director of Finance in accordance with the
following:
   (1) The total amount of the property tax reductions determined for
cities pursuant to this section shall be two hundred eighty-eight
million dollars ($288,000,000) in the 1993-94 fiscal year.
   (2) The Director of Finance shall determine the amount of
reduction for each city as follows:
   (A) The amount of property tax revenue that is estimated to be
attributable in the 1993-94 fiscal year to the amount of each city's
state assistance payment received by that city pursuant to Chapter
282 of the Statutes of 1979 shall be determined.
   (B) A factor for each city equal to the amount determined pursuant
to subparagraph (A) for that city, divided by the total of the
amounts determined pursuant to subparagraph (A) for all cities, shall
be determined.
   (C) An amount for each city equal to the factor determined
pursuant to subparagraph (B), multiplied by three hundred eighty-two
million five hundred thousand dollars ($382,500,000), shall be
determined.
   (D) In no event shall the amount for any city determined pursuant
to subparagraph (C) exceed a per capita amount of nineteen dollars
and thirty-one cents ($19.31), as determined in accordance with that
city's population on January 1, 1993, as estimated by the Department
of Finance.
   (E) The amount determined for each city pursuant to subparagraphs
(C) and (D) shall be the amount of property tax revenue to be
subtracted from the amount of property tax revenue deemed allocated
in the prior year.
   (3) The Director of Finance shall, by July 15, 1993, report to the
Joint Legislative Budget Committee those amounts determined pursuant
to paragraph (2).
   (4) On or before August 15, 1993, the Director of Finance shall
notify each county auditor of the amount of property tax revenue
reduction determined for each city located within that county.
   (c) (1) The amount of property tax revenue deemed allocated in the
prior fiscal year to each special district, as defined pursuant to
subdivision (m) of Section 95, shall be reduced by the amount
determined for the district pursuant to paragraph (3) and increased
by the amount determined for the district pursuant to paragraph (4).
The total net amount of these changes is intended to equal two
hundred forty-four million dollars ($244,000,000) in the 1993-94
fiscal year.
   (2) (A) Notwithstanding any other provision of this subdivision,
no reduction shall be made pursuant to this subdivision with respect
to any of the following special districts:
   (i) A local hospital district as described in Division 23
(commencing with Section 32000) of the Health and Safety Code.
   (ii) A water agency that does not sell water at retail, but not
including an agency the primary function of which, as determined on
the basis of total revenues, is flood control.
   (iii) A transit district.
   (iv) A police protection district formed pursuant to Part 1
(commencing with Section 20000) of Division 14 of the Health and
Safety Code.
   (v) A special district that was a multicounty special district as
of July 1, 1979.
   (B) Notwithstanding any other provision of this subdivision, the
first one hundred four thousand dollars ($104,000) of the amount of
any reduction that otherwise would be made under this subdivision
with respect to a qualifying community services district shall be
excluded.  For purposes of this subparagraph, a "qualifying community
services district" means a community services district that meets
all of the following requirements:
   (i) Was formed pursuant to Division 3 (commencing with Section
61000) of Title 6 of the Government Code.
   (ii) Succeeded to the duties and properties of a police protection
district upon the dissolution of that district.
   (iii) Currently provides police protection services to
substantially the same territory as did that district.
   (iv) Is located within a county in which the board of supervisors
has requested the Department of Finance that this subparagraph be
operative in the county.
   (3) (A) On or before September 15, 1993, the county auditor shall
determine an amount for each special district equal to the amount of
its allocation determined pursuant to Section 96 or 96.1, and Section
96.5 or their predecessor sections for the 1993-94 fiscal year
multiplied by the ratio determined pursuant to paragraph (1) of
subdivision (a) of former Section 98.6 as that section read on June
15, 1993.  In those counties that were subject to former Sections
98.66, 98.67, and 98.68, as those sections read on that same date,
the county auditor shall determine an amount for each special
district that represents the current amount of its allocation
determined pursuant to Section 96 or 96.1, and Section 96.5 or their
predecessor sections for the 1993-94 fiscal year that is attributed
to the property tax shift from schools required by Chapter 282 of the
Statutes of 1979.  In that county subject to Section 100.4, the
county auditor shall determine an amount for each special district
that represents the current amount of its allocations determined
pursuant to Section 96, 96.1, 96.5, or 100.4 or their predecessor
sections for the 1993-94 fiscal year that is attributable to the
property tax shift from schools required by Chapter 282 of the
Statutes of 1979.  In determining these amounts, the county auditor
shall adjust for the influence of increased assessed valuation within
each district, including the effect of jurisdictional changes, and
the reductions in property tax allocations required in the 1992-93
fiscal year by Chapters 699 and 1369 of the Statutes of 1992.  In the
case of a special district that has been consolidated or
reorganized, the auditor shall determine the amount of its current
property tax allocation that is attributable to the prior district's
or districts' receipt of state assistance payments pursuant to
Chapter 282 of the Statutes of 1979.  Notwithstanding any other
provision of this paragraph, for a special district that is governed
by a city council or whose governing board has the same membership as
a city council and that is a subsidiary district as defined in
subdivision (e) of Section 16271 of the Government Code, the county
auditor shall multiply the amount that otherwise would be calculated
pursuant to this paragraph by 0.38 and the result shall be used in
the calculations required by paragraph (5).  In no event shall the
amount determined by this paragraph be less than zero.
   (B) Notwithstanding subparagraph (A), commencing with the 1994-95
fiscal year, in the County of Sacramento, the auditor shall determine
the amount for each special district that represents the current
amount of its allocations determined pursuant to Section 96, 96.1,
96.5, or 100.6 for the 1994-95 fiscal year that is attributed to the
property tax shift from schools required by Chapter 282 of the
Statutes of 1979.
   (4) (A) (i) On or before September 15, 1993, the county auditor
shall determine an amount for each special district that is engaged
in fire protection activities, as reported to the Controller for
inclusion in the 1989-90 Edition of the Financial Transactions Report
Concerning Special Districts under the heading of "Fire Protection,"
that is equal to the amount of revenue allocated to that special
district from the Special District Augmentation Fund for fire
protection activities in the 1992-93 fiscal year.  For purposes of
the preceding sentence for counties of the second class, the phrase
"amount of revenue allocated to that special district" means an
amount of revenue that was identified for transfer to that special
district, rather than the amount of revenue that was actually
received by that special district pursuant to that transfer.
   (ii) In the case of a special district, other than a special
district governed by the county board of supervisors or whose
governing body is the same as the county board of supervisors, that
is engaged in fire protection activities as reported to the
Controller, the county auditor shall also determine the amount by
which the district's amount determined pursuant to paragraph (3)
exceeds the amount by which its allocation was reduced by operation
of former Section 98.6 in the 1992-93 fiscal year.  This amount shall
be added to the amount
otherwise determined for the district under this paragraph.  In any
county subject to former Section 98.65, 98.66, 98.67, or 98.68 in
that same fiscal year, the county auditor shall determine for each
special district that is engaged in fire protection activities an
amount that is equal to the amount determined for that district
pursuant to paragraph (3).
   (B) For purposes of this paragraph, a special district includes
any special district that is allocated property tax revenue pursuant
to this chapter and does not appear in the State Controller's Report
on Financial Transactions Concerning Special Districts, but is
engaged in fire protection activities and appears in the State
Controller's Report on Financial Transactions Concerning Counties.
   (5) The total amount of property taxes allocated to special
districts by the county auditor as a result of paragraph (4) shall be
subtracted from the amount of property tax revenues not allocated to
special districts by the county auditor as a result of paragraph (3)
to determine the amount to be deposited in the Education Revenue
Augmentation Fund as specified in subdivision (d).
   (6) On or before September 30, 1993, the county auditor shall
notify the Director of Finance of the net amount determined for
special districts pursuant to paragraph (5).
   (d) (1) The amount of property tax revenues not allocated to the
county, city and county, cities within the county, and special
districts as a result of the reductions required by subdivisions (a),
(b), and (c) shall instead be deposited in the Educational Revenue
Augmentation Fund established in each county or city and county
pursuant to Section 97.2.  The amount of revenue in the Educational
Revenue Augmentation Fund, derived from whatever source, shall be
allocated pursuant to paragraphs (2) and (3) to school districts and
county offices of education, in total, and to community college
districts, in total, in the same proportion that property tax
revenues were distributed to school districts and county offices of
education, in total, and community college districts, in total,
during the 1992-93 fiscal year.
   (2) The county auditor shall, based on information provided by the
county superintendent of schools pursuant to this paragraph,
allocate that proportion of the revenue in the Educational Revenue
Augmentation Fund to be allocated to school districts and county
offices of education only to those school districts and county
offices of education within the county that are not excess tax school
entities, as defined in subdivision (n) of Section 95.  The county
superintendent of schools shall determine the amount to be allocated
to each school district in inverse proportion to the amounts of
property tax revenue per average daily attendance in each school
district.  For each county office of education, the allocation shall
be made based on the historical split of base property tax revenue
between the county office of education and school districts within
the county.  In no event shall any additional money be allocated from
the Educational Revenue Augmentation Fund to a school district or
county office of education upon that district or county office of
education becoming an excess tax school entity.  If, after
determining the amount to be allocated to each school district and
county office of education, the county superintendent of schools
determines there are still additional funds to be allocated, the
county superintendent of schools shall determine the remainder to be
allocated in inverse proportion to the amounts of property tax
revenue, excluding Educational Revenue Augmentation Fund moneys, per
average daily attendance in each remaining school district, and on
the basis of the historical split described above for each county
office of education, that is not an excess tax school entity until
all funds that would not result in a school district or county office
of education becoming an excess tax school entity are allocated.
The county superintendent of schools may determine the amounts to be
allocated between each school district and county office of education
to ensure that all funds that would not result in a school district
or county office of education becoming an excess tax school entity
are allocated.
   (3) The county auditor shall, based on information provided by the
Chancellor of the California Community Colleges pursuant to this
paragraph, allocate that proportion of the revenue in the Educational
Revenue Augmentation Fund to be allocated to community college
districts only to those community college districts within the county
that are not excess tax school entities, as defined in subdivision
(n) of Section 95.  The chancellor shall determine the amount to be
allocated to each community college district in inverse proportion to
the amounts of property tax revenue per funded full-time equivalent
student in each community college district.  In no event shall any
additional money be allocated from the Educational Revenue
Augmentation Fund to a community college district upon that district
becoming an excess tax school entity.
   (4) (A) If, after making the allocation required pursuant to
paragraph (2), the auditor determines that there are still additional
funds to be allocated, the auditor shall allocate those excess funds
pursuant to paragraph (3).  If, after making the allocation pursuant
to paragraph (3), the auditor determines that there are still
additional funds to be allocated, the auditor shall allocate those
excess funds pursuant to paragraph (2).  If, after determining the
amount to be allocated to each community college district, the
Chancellor of the California Community Colleges determines that there
are still additional funds to be allocated, the Chancellor of the
California Community Colleges shall determine the remainder to be
allocated to each community college district in inverse proportion to
the amounts of property tax revenue, excluding Educational Revenue
Augmentation Fund moneys, per funded full-time equivalent student in
each remaining community college district that is not an excess tax
school entity until all funds that would not result in a community
college district becoming an excess tax school entity are allocated.

   (B) (i) For the 1995-96 fiscal year and each fiscal year
thereafter, if, after making the allocations pursuant to paragraphs
(2) and (3) and subparagraph (A), the auditor determines that there
are still additional funds to be allocated, the auditor shall,
subject to clauses (ii) and (iii), allocate those excess funds to the
county superintendent of schools.  Funds allocated pursuant to this
subparagraph shall be counted as property tax revenues for special
education programs in augmentation of the amount calculated pursuant
to Section 2572 of the Education Code, to the extent that those
property tax revenues offset state aid for county offices of
education and school districts within the county pursuant to
subdivision (c) of Section 56836.08 of the Education Code.
   (ii) For the 1995-96 fiscal year only, this subparagraph shall
have no application to the County of Mono and the amount allocated
pursuant to this subparagraph in the County of Marin shall not exceed
five million dollars ($5,000,000).
   (iii) For the 1996-97 fiscal year only, the total amount of funds
allocated by the auditor pursuant to this subparagraph and
subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2
shall not exceed that portion of two million five hundred thousand
dollars ($2,500,000) that corresponds to the county's proportionate
share of all moneys allocated pursuant to this subparagraph and
subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2
for the 1995-96 fiscal year.  Upon the request of the auditor, the
Department of Finance shall provide to the auditor all information in
the department's possession that is necessary for the auditor to
comply with this clause.
   (iv) Notwithstanding clause (i) of this subparagraph, for the
1999-2000 fiscal year only, if, after making the allocations pursuant
to paragraphs (2) and (3) and subparagraph (A), the auditor
determines that there are still additional funds to be allocated, the
auditor shall allocate the funds to the county, cities, and special
districts in proportion to the amounts of ad valorem property tax
revenue otherwise required to be shifted from those local agencies to
the county's Educational Revenue Augmentation Fund for the relevant
fiscal year.  The amount allocated pursuant to this clause shall not
exceed eight million two hundred thirty-nine thousand dollars
($8,239,000), as appropriated in Item 6110-250-0001 of Section 2.00
of the Budget Act of 1999 (Chapter 50, Statutes of 1999).
   (C) For purposes of allocating the Educational Revenue
Augmentation Fund for the 1996-97 fiscal year, the auditor shall,
after making the allocations for special education programs, if any,
required by subparagraph (B), allocate all remaining funds among the
county, cities, and special districts in proportion to the amounts of
ad valorem property tax revenue otherwise required to be shifted
from those local agencies to the county's Educational Revenue
Augmentation Fund for the relevant fiscal year.  For purposes of ad
valorem property tax revenue allocations for the 1997-98 fiscal year
and each fiscal year thereafter, no amount of ad valorem property tax
revenue allocated to the county, a city, or a special district
pursuant to this subparagraph shall be deemed to be an amount of ad
valorem property tax revenue allocated to that local agency in the
prior fiscal year.
   (5) For purposes of allocations made pursuant to Section 96.1 for
the 1994-95 fiscal year, the amounts allocated from the Educational
Revenue Augmentation Fund pursuant to this subdivision, other than
those amounts deposited in the Educational Revenue Augmentation Fund
pursuant to any provision of the Health and Safety Code, shall be
deemed property tax revenue allocated to the Educational Revenue
Augmentation Fund in the prior fiscal year.
  SEC. 38.  Section 2 of Chapter 3 of the Statutes of the 1999-2000
First Extraordinary Session, is amended to read:
  Sec. 2.  (a) The sum of one hundred ninety-three million two
hundred thousand dollars ($193,200,000) is hereby appropriated
according to the following schedule:
   (1) Sixty-three million seven hundred four thousand dollars
($63,704,000) from the General Fund to the Superintendent of Public
Instruction for allocation to school districts for purposes of
providing funding for planning and grants for implementing the
Immediate Intervention/Underperforming Schools Program as set forth
in Article 3 (commencing with Section 52053) of Chapter 6.1 of Part
28 of the Education Code.
   (2) Thirty-two million four hundred forty-six thousand dollars
($32,446,000) from the Federal Trust Fund to the Superintendent of
Public Instruction for allocation to school districts for purposes of
providing funding for implementing comprehensive school reform
pursuant to Public Law 105-78.
   (3) Ninety-six million one hundred fifty thousand dollars
($96,150,000) from the General Fund to the Superintendent of Public
Instruction for allocation to school districts that meet or exceed
performance growth targets established by the board pursuant to the
High Achieving/Improving Schools Program as set forth in Article 4
(commencing with Section 52056) of Chapter 6.1 of Part 28 of the
Education Code.  Funds appropriated pursuant to this paragraph that
have not been allocated by June 30, 2000, shall be available for
allocation and expenditure for purposes of this paragraph in the
2001-02 fiscal year.
   (4) Nine hundred thousand dollars ($900,000) from the General Fund
to the Superintendent of Public Instruction to provide support
services related to programs established by the Public Schools
Accountability Act of 1999 pursuant to Chapter 6.1 (commencing with
Section 52050) of Part 28 of the Education Code.
   (b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by paragraphs (1) and (3) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
1999-2000 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1999-2000 fiscal year.
  SEC. 39.  Section 65 of Chapter 78 of the Statutes of 1999 is
amended to read:
  Sec. 65.  The sum of fifteen million four hundred seventy-one
thousand dollars ($15,471,000) is hereby reappropriated from the
Proposition 98 Reversion Account to the Superintendent of Public
Instruction, in accordance with the following schedule:
   (a) Forty thousand dollars ($40,000) for allocation on a one-time
basis to the Alpine Union School District to work in collaboration
with the Alpine Community Center to support the Each One Teach One
program.
   (e) Two thousand five hundred dollars ($2,500) for allocation on a
one-time basis to the Alta-Dutch Flat Union School District to
provide afternoon school busing service.
   (j) Thirty thousand dollars ($30,000) for allocation on a one-time
basis to the Lafayette School District in Contra Costa County for
the purchase of age-appropriate school playground equipment.
   (q) Two hundred thousand dollars ($200,000) for allocation on a
one-time basis to the Palmdale Elementary School District to support
a joint-use library with the City of Palmdale.
   (s) Fifty thousand dollars ($50,000) for allocation on a one-time
basis to the ABC School District for construction of a joint-use
recreational facility at Hawaiian Gardens Elementary School.
   (t) Fifty-seven thousand dollars ($57,000) for allocation on a
one-time basis to the Central Union School District to provide a
covered outdoor structure for the Stratford School.
   (u) Eighty-five thousand dollars ($85,000) for allocation on a
one-time basis to the Sunol Glen Unified School District for a septic
system.
   (v) One hundred thousand dollars ($100,000) for allocation on a
one-time basis to the Long Beach Unified School District for
construction of a swimming facility in the City of Avalon on Catalina
Island.
   (w) One hundred twenty thousand dollars ($120,000) for allocation
on a one-time basis to the Anaheim Unified School District for
construction of a lunch shelter at Henry Elementary School.
   (x) One hundred twenty thousand dollars ($120,000) for allocation
on a one-time basis to the Anaheim Unified School District for
construction of a lunch shelter at Lincoln Elementary School.
   (y) Six hundred thousand dollars ($600,000) for allocation on a
one-time basis to Lawndale Elementary School District to renovate the
William Green Park, school park, and playground.
   (z) Seven hundred thousand dollars ($700,000) for allocation on a
one-time basis to the County Office Fiscal Crisis and Management
Assistance Team (FCMAT) for distribution to the Compton Unified
School District for the purposes of assisting with the implementation
of the school district's recovery plan.
   (aa) One million five hundred thousand dollars ($1,500,000) for
allocation on a one-time basis to school districts and county offices
of education that operate programs to subsidize the costs for
low-income children to participate in residential outdoor science
programs, pursuant to legislation enacted in the 1999-2000 Regular
Session that becomes operative on or before January 1, 2000.
   (bb) Two million dollars ($2,000,000) for allocation on a one-time
basis to the Superintendent of Public Instruction to provide
matching grants to school districts for the purpose of improving or
replacing schoolsite playground equipment to meet state-mandated
playground safety standards, pursuant to legislation enacted in the
1999-2000 Regular Session that becomes operative on or before January
1, 2000.
   (ee) Two million dollars ($2,000,000) for allocation on a one-time
basis to the Grossmont Union High School District for the Valhalla
High School Library.
   (ff) Two hundred fifty thousand dollars ($250,000) for allocation
on a one-time basis to the Los Angeles County Office of Education and
the Long Beach Unified School District for the Los Angeles High
School for the Arts and the California Academy of Math and Science.
   (gg) Twenty-five thousand dollars ($25,000) for allocation on a
one-time basis to the Fairfield-Suisun Unified School District on a
one-time basis for the Youth Diversion Program at Crystal Middle
School.
   (ii) Seven hundred fifty thousand dollars ($750,000) for
allocation on a one-time basis to the San Luis Coastal Unified School
District for construction of a swimming pool at San Luis Obispo High
School.
   (kk) One million dollars ($1,000,000) for allocation on a one-time
basis equally among the following school districts for the Home
Instruction for Preschool Youngsters program:
   (1) Long Beach Unified School District.
   (2) Moreno Valley Unified School District.
   (3) San Diego Unified School District.
   (4) Contra Costa County Office of Education.
   (5) San Francisco Unified School District.
   (ll) One hundred fifty thousand dollars ($150,000) for allocation
on a one-time basis to the Baldwin Park Unified School District for
science laboratory equipment.
   (nn) One hundred eighty-two thousand five hundred dollars
($182,500) for allocation in the specified amounts on a one-time
basis to the following districts for snow removal:
   (1) Eighty thousand dollars ($80,000) to the Tahoe-Truckee Unified
School District.
   (2) Four thousand five hundred dollars ($4,500) to the Alpine
County Unified School District.
   (3) Two thousand dollars ($2,000) to the Vallecito Union
Elementary School District.
   (4) Five thousand dollars ($5,000) to the Susanville School
District.
   (5) Forty thousand dollars ($40,000) to the Mammoth Unified School
District.
   (6) One thousand dollars ($1,000) to the Sierra-Plumas Joint
Unified School District.
   (7) Fifty thousand dollars ($50,000) to the Lake Tahoe Unified
School District.
   (pp) Seven hundred fifty thousand dollars ($750,000) for
allocation on a one-time basis to the County Office Fiscal Crisis and
Management Assistance Team (FCMAT) for an audit of the Oakland
Unified School District.
   (rr) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Mount Diablo Unified School District for a
multipurpose facility for the Diablo View Parent Club.
   (tt) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Sweetwater Union High School District for a
joint-use library project between the Sweetwater Union High School
District and the South Bay Union Elementary School District.
   (uu) Two hundred seventy-six thousand six hundred dollars
($276,600) for allocation on a one-time basis to the Sanger Unified
School District for a swimming pool.
  SEC. 40.  Item 6110-122-0001 of Section 2.00 of Chapter 50 of the
Statutes of 1999 is amended to read:



       6110-122-0001--For local assistance, Department
           of Education (Proposition 98), for transfer
           to Section A of the State School Fund,
           Program 20.40.090--Specialized Secondary
           Programs, pursuant to Chapter 6 (commencing
           with Section 58800) of Part 31 of the
           Education Code ............................   $4,462,000
           Provisions:
           1.  Of the funds appropriated in this item,
               $1,500,000 shall be allocated to
               Specialized Secondary Programs estab-
               lished pursuant to Chapter 6 (com-
               mencing with Section 58800) of Part 31
               of the Education Code prior to the
               1991-92 fiscal year that operate in
               conjunction with the California State
               University.
           2.  Of the funds appropriated in this item,
               $64,000 is for the purpose of providing
               an adjustment for increase in average
               daily attendance at a rate of 1.47
               percent and $62,000 is for the purpose
               of providing a cost-of-living adjustment
               at a rate of 1.41 percent.

  SEC. 41.  Item 6110-186-0001 of Section 2.00 of Chapter 50 of the
Statutes of 1999 is amended to read:



       6110-186-0001--For local assistance, Department
           of Education (Proposition 98), for transfer
           by the Controller to the Instructional Ma-
           terials Fund, Program 20.20.020.001--In-
           structional Materials, Kindergarten and
           Grades 1-8 ................................   125,946,000
           Provisions:
           2.  Of the amount appropriated in this item,
               $1,799,000 is for the purpose of provi-
               ding an adjustment for increases in
               average daily attendance at a rate of
               1.47 percent and $1,751,000 is for
               the purpose of providing a cost-of-
               living adjustment (COLA) at a rate of
               1.41 percent for instructional materials
               for kindergarten and grades 1 to 8,
               inclusive.

  SEC. 42.  Item 6110-495 of Section 2.06 of Chapter 50 of the
Statutes of 1999 is amended to read:



       6110-495--Reversion, Department of Education, Propo-
           sition 98.  The following amounts shall revert to the
           Proposition 98 Reversion Account:
           1. $43,404,000 from Item 6110-295-0001, Schedule
              19, of Section 2.00 of the Budget Act of 1998 (Ch.
              324, Stats. 1998), Mandates.
           2. $50,000,000 from Section 39 of Chapter 204 of
               the Statutes of 1996.
           3. $15,000,000 from Item 6110-212-0001 of Section
              2.00 of the Budget Act of 1998 (Ch. 324, Stats.
              1998), High-Risk Youth Education and Public
              Safety Program.
           4. $10,000,000 from Item 6110-112-0001 of Section
              2.00 of the Budget Act of 1998 (Ch. 324, Stats.
              1998).
           5. $2,000,000 from the amount appropriated for the
              Pilot Program Single Gender Academies (Ch. 3.1
              (commencing with Sec. 58520), Pt. 31, Ed. C.)
              pursuant to Section 27 of Chapter 204 of the Stat-
              utes of 1996.
           6. $5,000,000 from the amount appropriated for the
              Academic Improvement and Achievement Act
              (Ch. 12 (commencing with Sec. 11020, Pt. 7, Ed.
              C.) pursuant to Section 2 of Chapter 803 of the
              Statutes of 1998.
           7. $30,000,000 from Item 6110-232-0001 of Section
              2.00 of the Budget Act of 1998 (Ch. 324, Stats. 1998).


  SEC. 42.5.  Item 6110-498 of Section 2.00 of Chapter 50 of the
Statutes of 1999 is amended to read:



       6110-498--Reversion (Proposition 98).  Department
           of Education.  The following amounts shall
           revert to the Proposition 98 Reversion Account:
           (1) $3,999,999 from Section 6 of Chapter 975 of
               the Statutes of 1995, as reappropriated by
               Item 6110-490 of Chapter 282 of the Statu-
               tes of 1997, and subdivision (a) of Section
               57 of Chapter 330 of the Statutes of 1998.
           (2) $6,000,000 from subdivision (d) of
               Section 41 of Chapter 299 of the Statutes of
               1997, as reappropriated by subdivision (b)
               of Section 57 of Chapter 330 of the
               Statutes of 1998.
           (3) $1,000,000 from Schedule (b) of Item 6110-
               113-0001 of Section 2.00 of the Budget Act
               of 1997 (Ch. 282, Stats. 1997).
           (4) $1,002,000 from Schedule (b) of
               Item 6110-113-0001 of Section 2.00 of the
               Budget Act of 1998 (Ch. 324, Stats. 1998).

  SEC. 43.  Section 6 of the Chapter 152 of the Statutes of 1999 is
amended to read:
  Sec. 6.  The unencumbered balance as of June 30, 1999, of the funds
appropriated by Item 6110-156-0001 of Section 2.00 of the Budget Act
of 1997 (Chapter 282 of the Statutes of 1997) is hereby
reappropriated to the Superintendent of Public Instruction for
allocation to school districts on a one-time basis for the purpose of
providing school districts an opportunity to apply for additional
authorized units of adult education average daily attendance or
funding to support the development of site management information
systems.  Notwithstanding the provisions of Section 52616 and
52616.23 of the Education Code, or any other provision of law, funds
allocated pursuant to this section shall not be included in the
ongoing base funding of individual adult education programs.
  SEC. 44.  If Assembly Bill 15 of the 1999-2000 Regular Session is
chaptered and adds Section 39831.5 to the Education Code, Section
39831.5, as added by this bill, shall not become operative.
  SEC. 45.  Section 11.5 of this bill incorporates changes to Section
38048 of the Education Code proposed by both this bill and AB 1573.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) this bill repeals
Section 38048 of, and adds Section 39831.5 to, the Education Code,
and (3) this bill is enacted after AB 1573, in which case Section
11.5 of this bill shall become operative and Section 39831.5, as
added by Section 14 of this bill shall not become operative.
  SEC. 46.  Section 39831.5 of the Education Code, as added by
Section 14 of this bill, shall not become operative if AB 1573 is
chaptered and becomes operative and amends and renumbers Section
38048 of the Education Code.
  SEC. 47.  It is the intent of the Legislature that the changes made
by Sections 20, 23, 23.1, 23.2, 23.3, 23.4, 23.5, 23.6, 23.7, and
23.8 of this act shall apply to the entire 1999-2000 fiscal year,
regardless of the effective date of this act.
  SEC. 48.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one
        million dollars ($1,000,000), reimbursement shall be made
from the State Mandates Claims Fund.