BILL NUMBER: AB 1724	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro
   (Coauthor: Senator Aanestad)

                        FEBRUARY 3, 2010

   An act to add Section 42283.3 to the Education Code, relating to
necessary small schools, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1724, as introduced, Chesbro. Necessary small schools: Del
Norte County Unified School District.
   (1) Existing law defines a necessary small school as an elementary
school with an average daily attendance of less than 101, exclusive
of pupils attending grades 7 and 8 of a junior high school,
maintained by a school district that maintains 2 or more schools,
that meets other criteria involving combinations of distance and
average daily attendance. Existing law requires the county
superintendent of schools to make computations for each elementary
and secondary school district that has fewer than 2,501 units of
second principal apportionment average daily attendance and maintains
at least one school that meets the criteria for a necessary small
school.
   This bill would deem Gasquet Mountain Elementary School and
Margaret Keating Elementary School to be necessary small schools and
make the Del Norte County Unified School District eligible to receive
apportionments for each school pursuant to its status as a necessary
small school. This bill would provide that if the average daily
attendance of either school exceeds 100, then the school would no
longer be eligible to receive apportionments as a necessary small
school.
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Del Norte County
Unified School District.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares that the Del Norte
County Unified School District is considered to be a large unified
school district that serves pupils from a wide and varied geographic
area. Within these areas, Gasquet Mountain Elementary School and
Margaret Keating Elementary School each have an average daily
attendance of fewer than one hundred. Pupils presently attending
Gasquet Mountain Elementary School and Margaret Keating Elementary
School would have to travel long distances over hazardous terrain in
order to attend other schools within the Del Norte County Unified
School District.
  SEC. 2.  Section 42283.3 is added to the Education Code, to read:
   42283.3.  (a) Notwithstanding any other provision of law, the
Gasquet Mountain Elementary School and the Margaret Keating
Elementary School each shall be deemed a necessary small school, as
defined in Section 42283. Notwithstanding any other provision of law,
commencing with the 2010-11 fiscal year, the Del Norte County
Unified School District shall receive apportionments for the Gasquet
Mountain Elementary School and the Margaret Keating Elementary School
pursuant to Section 42282.
   (b) If the amount of average daily attendance of the Gasquet
Mountain Elementary School or the Margaret Keating Elementary School
exceeds 100, then that school shall no longer be entitled to receive
apportionments as a necessary small school.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances relating to the Del Norte County
Unified School District as set forth in Section 1 of this act.
  SEC. 4.  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 make necessary small school apportionments available
to the Del Norte County Unified School District prior to the 2010-11
school year, it is necessary that this act take effect immediately.