BILL NUMBER: AB 1724 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2010
INTRODUCED BY Assembly Member Chesbro
( Principal coauthor: Senator
Cox )
(Coauthor: Senator Aanestad)
FEBRUARY 3, 2010
An act to add Section 42283.3 Sections
42283.3 and 42283.4 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 amended, Chesbro. Necessary small schools:
Del Norte County Unified School District. schools.
(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. The bill also would deem Rail Road Flat
Elementary School to be a necessary small school and make the
Calaveras Unified School District eligible to receive apportionments
for this school pursuant to its status as a necessary small school.
This bill would provide that if the average daily attendance of
either school any of these schools
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 and the Calaveras 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. (a) 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 100 . 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.
(b) The Legislature finds and declares that the Calaveras 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, Rail Road Flat Elementary School has an average daily
attendance of fewer than 100. Pupils presently attending Rail Road
Flat Elementary School would have to travel long distances over
hazardous terrain in order to attend other schools within the
Calaveras 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. Section 42283.4 is added to the
Education Code , to read:
42283.4. (a) Notwithstanding any other law, the Rail Road Flat
Elementary School shall be deemed a necessary small school, as
defined in Section 42283. Notwithstanding any other law, commencing
with the 2010-11 fiscal year, the Calaveras Unified School District
shall receive apportionments for the Rail Road Flat Elementary School
pursuant to Section 42282.
(b) If the amount of average daily attendance of the Rail Road
Flat Elementary School exceeds 100, then that school shall no longer
be entitled to receive apportionments as a necessary small school.
SEC. 3. SEC. 4. 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 and the Calaveras Unified School District as set
forth in Section 1 of this act.
SEC. 4. SEC. 5. 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 and the
Calaveras Unified School District prior to the 2010-11 school
year, it is necessary that this act take effect immediately.