BILL NUMBER: AB 871	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 26, 2009

   An act to amend Section 42270 of, and to add Section 42270.5 to,
the Education Code, relating to education finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 871, as introduced, Nestande. Education finance: Year-Round
School Grant Program.
   Existing law establishes the Year-Round School Grant Program to
provide financial assistance to school districts operating year-round
educational programs. The State Department of Education, in
consultation with school districts, the Department of Finance, the
Legislative Analyst's Office, and other affected parties, is required
to conduct a study of the grant program to develop an equitable
method of phasing out the program over a multiyear period.
   Existing law phases out the Year-Round School Grant Program over a
4-year period by reducing grant amounts by 20% each fiscal year
commencing with the 2008-09 fiscal year, prohibits the Superintendent
of Public Instruction from approving new year-round school grants,
and requires that for the 2008-09 fiscal year to the 2012-13 fiscal
year, inclusive, school districts receiving grants under the program
receive a gradually diminishing percentage of the grant amount
received by that district for the 2007-08 fiscal year. Under existing
law, the Year-Round School Grant Program becomes inoperative on July
1, 2013, and is repealed on January 1, 2014.
   This bill, commencing with the 2008-09 fiscal year, would prohibit
the Superintendent of Public Instruction from approving new
year-round school grants based on applications received on or after
August 1, 2008, thus authorizing the Superintendent to approve new
year-round school grants based on applications received prior to that
date.
   The bill would also provide that a school district that did not
receive a year-round school grant under the program for the 2007-08
fiscal year is eligible for year-round education operational grant
funding for the 2008-09 fiscal year only and exempt from the increase
in school building capacity required pursuant to a specified
provision of the Leroy F. Greene School Facilities Act of 1998. The
bill would also require that funding received by a school district
pursuant to the bill be deemed to be year-round operational grant
funding for the 2008-09 fiscal year, irrespective of the fiscal year
in which the funding is received by the school district.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 42270 of the Education Code is amended to read:

   42270.  A school district that received a grant pursuant to this
article for the 2007-08 fiscal year shall:
   (a) Be exempt from the increase in school building capacity
required pursuant to Section 17071.35.
   (b) Have its year-round school grant phased out over a four-year
period. The school district shall receive amounts according to the
following schedule:
   (1) For the 2008-09 fiscal year, 80 percent of the amount received
in the 2007-08 fiscal year.
   (2) For the 2009-10 fiscal year, 60 percent of the amount received
in the 2007-08 fiscal year.
   (3) For the 2010-11 fiscal year, 40 percent of the amount received
in the 2007-08 fiscal year.
   (4) For the 2011-12 fiscal year, 20 percent of the amount received
in the 2007-08 fiscal year.
   (5) For the 2012-13 fiscal year and each fiscal year thereafter,
zero percent of the amount received in the 2007-08 fiscal year.
   (c) Notwithstanding any other law, commencing with the 2008-09
fiscal year, the Superintendent shall not approve new year-round
school grants based on applications received on or after August
1, 2008  .
  SEC. 2.  Section 42270.5 is added to the Education Code, to read:
   42270.5.  (a) Notwithstanding Section 42270: A school district
that did not receive a grant pursuant to this article for the 2007-08
fiscal year shall:
   (1) Be eligible for year-round education operational grant funding
for the 2008-09 fiscal year only, pursuant to this article, as it
read on the date of the school district's application, as submitted
on or before July 31, 2008, for the 2008-09 fiscal year.
   (2) Be exempt from the increase in school building capacity
required pursuant to Section 17071.35.
   (b) Funding received by a school district pursuant to subdivision
(a) shall be deemed to be year-round operational grant funding for
the 2008-09 fiscal year, irrespective of the fiscal year in which the
funding is received by the school district.