BILL NUMBER: SB 2196 CHAPTERED 09/26/00 CHAPTER 662 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2000 APPROVED BY GOVERNOR SEPTEMBER 24, 2000 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY JUNE 19, 2000 AMENDED IN SENATE MAY 11, 2000 AMENDED IN SENATE MAY 2, 2000 INTRODUCED BY Senator Alpert (Principal coauthor: Assembly Member Cardenas) MARCH 16, 2000 An act to amend Sections 47763.5 and 47771.5 of the Education Code, relating to high-risk youth, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 2196, Alpert. High-risk youth: first-time offenders and transitioning high-risk youth. Existing law establishes the High-Risk Youth Education and Public Safety Program, which includes a specified component for high-risk first-time offenders and a specified component for pupils who are transitioning high-risk youth. The program assists county offices of education and school districts in implementing prevention and early intervention strategies for youth who are seriously at risk of becoming chronic, repeat offenders. Existing law requires the Superintendent of Public Instruction to apportion, in addition to funds from all other sources, $3,000 per year for each unit of average daily attendance reported at the annual apportionment for pupil attendance in a high-risk first-time offenders program and a transitioning high-risk youth program, to be apportioned as specified and limited to a specified amount, as determined by the product of the average number of pupils, per calendar year, enrolled to receive those services, multiplied by $6,000 for high-risk first-time offenders, and $5,000 for transitioning high-risk youth, to participating county superintendents of schools for the purposes of the program, as specified. Existing law requires that, at the final apportionment for the 3rd year of program operation, or at the final apportionment for the last year of program operation if the program operates for fewer than 3 years, the apportionment for a county office of education be reduced by a specified amount. This bill would increase the apportionment for purposes of those programs, effective July 1, 2000, to $6,000, would increase those multipliers, from $6,000, for high-risk first-time offenders and $5,000 for transitioning high-risk youths, to $12,000 and would make corresponding changes in related provisions. The bill would also require that the reduction in the apportionment received by a county office of education take place at the final apportionment for the 5th year of program operation, as specified. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 47763.5 of the Education Code is amended to read: 47763.5. (a) Effective July 1, 2000, and in addition to funds from all other sources and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter six thousand dollars ($6,000) per year for each unit of average daily attendance reported at the annual apportionment for pupil attendance in a program under this chapter. (b) The average daily attendance for a program under this chapter shall be determined by dividing the total number of days of attendance in all full school months by a divisor of 135 for the first period of each fiscal year, by a divisor of 180 for the second period of each fiscal year, and by a divisor of 250 for the annual time of each fiscal year. (c) Effective July 1, 2000, and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter a sum equal to ten dollars ($10), multiplied by the total of the number of hours each schoolday that follow completion of the full instructional day, not to exceed six hours per schoolday, that each high-risk first-time offender pupil receives services, as specified in the individual case management plan pursuant to paragraph (1) of subdivision (c) of Section 47761, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47761. (d) Effective July 1, 2000, and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion, to each county office of education or school district that operates a program under this chapter on days other than schooldays, a sum equal to ten dollars ($10), multiplied by the total of the number of hours, not to exceed 10 hours per calendar day that is not a schoolday that each high-risk first-time offender pupil receives services, as specified in the individual case management plan pursuant to paragraph (1) of subdivision (c) of Section 47761, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47761. (e) Effective July 1, 2000, and notwithstanding any other provision of this section, a county office of education or school district shall receive an apportionment pursuant to subdivision (c) only for days on which a high-risk first-time offender pupil was required to attend any specified setting or settings in which services are provided for a total of at least eight hours each day as specified in his or her individual case management plan developed pursuant to Section 47761. (f) The funds provided in this chapter shall be used only for the purpose of implementing the plans determined to be eligible for funding by the Superintendent of Public Instruction pursuant to Section 47756. (g) Notwithstanding Section 42238.18, a county office of education implementing a plan pursuant to this chapter may use funds apportioned pursuant to this chapter to provide for the services of probation officers. (h) Notwithstanding any other provision of this section, the funding provided for in this chapter shall be apportioned only to the extent that funds are appropriated for that purpose in the annual Budget Act or other legislation, or both. (i) Notwithstanding any other provision of law, a pupil's eligibility to attend the program for high-risk first-time offenders shall cease on the second anniversary of his or her first day of attendance in the program. (j) Effective July 1, 2000, and notwithstanding any other provision of this section, a county office of education or school district that operates a program under this chapter shall not be eligible to receive an apportionment pursuant to this section in excess of the product of the average number of pupils, per calendar day between July 1 and June 30, inclusive, enrolled to receive services in a program for high-risk first-time offenders, multiplied by twelve thousand dollars ($12,000). (k) Notwithstanding any other provision of law, the Superintendent of Public Instruction may provide an apportionment to a county office of education or school district for startup costs, from the funds provided for the purposes of this chapter during the first year that a county office of education or a school district operates a program, if each of the following conditions is met: (1) The county office of education or school district has submitted an application for startup funding to the Superintendent of Public Instruction by September 1, 1999, for the 1998-99 fiscal year, and for each fiscal year thereafter, not later than January 31st of the fiscal year for which startup funding is sought. (2) The amount apportioned by the Superintendent of Public Instruction for startup funding pursuant to this subdivision may not exceed 15 percent of the county office of education's or school district's maximum permitted apportionment for the fiscal year startup funding is sought. (3) Total funding for programs operated pursuant to this chapter, including funding for startup costs, may not exceed the recipient's maximum permitted apportionment for the fiscal year startup funding is sought. (4) At the final apportionment for the fifth year of program operation, or at the final apportionment for the last year of program operation if the program operates for fewer than five years, the apportionment for a county office of education or school district operating a program under this chapter shall be reduced by the difference between the amount of startup funding apportioned pursuant to paragraph (2) and an amount equal to 15 percent of the maximum apportionment earned, for other than startup funding, in any one of the first five years of program operation. (5) Approved startup costs may not include indirect costs, as defined in the California School Accounting Manual, or board and superintendent costs. If startup costs include personnel costs, those costs shall be documented by employee time records. SEC. 2. Section 47771.5 of the Education Code is amended to read: 47771.5. (a) Effective July 1, 2000, and in addition to funds from all other sources and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter six thousand dollars ($6,000) per year for each unit of average daily attendance reported at the annual apportionment for pupil attendance in a program under this chapter. (b) The average daily attendance for a program under this chapter shall be determined by dividing the total number of days of attendance in all full school months by a divisor of 135 for the first period of each fiscal year, by a divisor of 180 for the second period of each fiscal year, and by a divisor of 250 for the annual time of each fiscal year. (c) Effective July 1, 2000, and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion to each county office of education or school district that operates a program under this chapter a sum equal to ten dollars ($10), multiplied by the total of the number of hours each schoolday that follow completion of the full instructional day, not to exceed six hours per schoolday that each transitioning high-risk youth enrolled in a program for transitioning high-risk youth receives services, as specified in the individual case management plan pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (a) of Section 47766, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47766. (d) Effective July 1, 2000, and subject to the limitation in subdivision (h), the Superintendent of Public Instruction shall apportion, to each county office of education or school district that operates a program under this chapter on days other than schooldays, a sum equal to ten dollars ($10), multiplied by the total of the number of hours, not to exceed 10 hours per calendar day that is not a schoolday, that each transitioning high-risk youth receives services, as specified in the individual case management plan pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (a) of Section 47766, when those services are provided by one or more employees of one or more of the agencies that are parties to the approved plans developed pursuant to Section 47766. (e) Effective July 1, 2000, and notwithstanding any other provision of this section, a county office of education or school district shall receive an apportionment pursuant to subdivision (c) only for days on which a transitioning high-risk youth was required to attend any specified setting or settings in which services are provided for a total of at least eight hours each day as specified in his or her individual case management plan developed pursuant to Section 47766. (f) The funds provided in this chapter shall be used only for the purpose of implementing the plans determined to be eligible for funding by the Superintendent of Public Instruction pursuant to Section 47756. (g) Notwithstanding Section 42238.18, a county office of education implementing a plan pursuant to this chapter may use funds apportioned pursuant to this chapter to provide for the services of probation officers. (h) Notwithstanding any other provision of law, the funding provided for in this chapter shall be apportioned only to the extent that funds are appropriated for that purpose in the annual Budget Act or other legislation, or both. (i) Notwithstanding any other provision of law, a pupil's eligibility to attend a program for transitioning high-risk youth shall cease on the second anniversary of his or her first day of attendance in the program. (j) Effective July 1, 2000, and notwithstanding any other provision of this section, a county office of education or school district that operates a program under this chapter shall not be eligible to receive an apportionment pursuant to this section in excess of the product of the average number of pupils, per calendar day between July 1 and June 30, inclusive, enrolled to receive services in a program for transitioning high-risk youth, multiplied by twelve thousand dollars ($12,000). (k) Notwithstanding any other provision of law, the Superintendent of Public Instruction may provide an apportionment to a county office of education or school district for startup costs, from the funds provided for the purposes of this chapter during the first year that a county office of education or a school district operates a program, if each of the following conditions is met: (1) The county office of education or school district has submitted an application for startup funding to the Superintendent of Public Instruction by September 1, 1999, for the 1998-99 fiscal year, and for each fiscal year thereafter, not later than January 31st of the fiscal year for which startup funding is sought. (2) The amount apportioned by the Superintendent of Public Instruction for startup funding pursuant to this subdivision may not exceed 15 percent of the county office of education's or school district's maximum permitted apportionment for the fiscal year startup funding is sought. (3) Total funding for programs operated pursuant to this chapter, including funding for startup costs, may not exceed the recipient's maximum permitted apportionment for the fiscal year startup funding is sought. (4) At the final apportionment for the fifth year of program operation, or at the final apportionment for the last year of program operation if the program operates for fewer than five years, the apportionment for a county office of education or school district operating a program under this chapter shall be reduced by the difference between the amount of startup funding apportioned pursuant to paragraph (2) and an amount equal to 15 percent of the maximum apportionment earned, for other than startup funding, in any one of the first five years of program operation. (5) Approved startup costs may not include indirect costs, as defined in the California School Accounting Manual, or board and superintendent costs. If startup costs include personnel costs, those costs shall be documented by employee time records. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide the necessary funding for the High-Risk First-Time Offenders Program and the Transitioning High-Risk Youth Program at the earliest opportunity, it is necessary that this measure take effect immediately.