BILL NUMBER: SB 509	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN SENATE  APRIL 27, 2009

INTRODUCED BY   Committee on Education (Senators Romero (Chair),
Alquist, Hancock, Huff, Liu, Maldonado, Padilla, Simitian, and
Wyland)

                        FEBRUARY 26, 2009

   An act to amend Sections 17592.5  and 52165 of the
Education   , 47660, 52052, 52127, and 54026 of, and to
repeal Sections 41857 and 47623 of, the Education Code, and to amend
Section 53892.1 of the Government  Code, relating to education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 509, as amended, Committee on Education. Education. 
   (1) Existing law authorizes the governing board of a school
district to provide for the transportation of pupils to and from
school by purchasing or renting vehicles, contracting and paying for
the transportation of pupils to and from school by common carrier or
municipally owned transit system, or contracting with and paying
responsible private parties for the transportation. In each fiscal
year, a school district or county office of education is entitled to
receive the same transportation allowance that it received in the
prior fiscal year, as calculated by the Superintendent of Public
Instruction based on the approved costs of home-to-school
transportation, as defined, of the district or county office. 

   This bill would repeal a provision specifying that a charter
school is eligible for funding pursuant to those provisions. 

   (2) Under existing law, an elementary school that has been
operated by the University of California at the Los Angeles campus
prior to January 1, 1994, may apply to become a charter school.
Existing law specifies, if an elementary school petitions either the
governing board of the local school district or the State Board of
Education to become a charter school, that the school shall receive
state apportionments equal to the statewide average revenue limit for
elementary schools plus other specified funding.  
   This bill would repeal the provisions requiring the charter school
to receive those funds.  
   (3) Existing law requires the Superintendent, with approval of the
state board, to develop the Academic Performance Index (API)
consisting of a variety of indicators currently reported to the State
Department of Education to track the achievement of schools and
their pupils. Statutory provisions establish a specific calculation
for graduation rates to be included within the API and require the
Superintendent to provide an annual report to the Legislature on
graduation and dropout rates in California. Existing law requires the
API to be used for specified purposes, including, but not limited
to, ranking all public schools in the state for purposes of the High
Achieving/Improving Schools Program.  
   This bill would include 5- and 6-year graduation rates in the
indicators currently reported to the department for purposes of
calculating a school's API. The bill would specify a formula to
calculate these rates, and would provide that schools receive partial
credit in their API scores for graduating pupils in 5 and 6 years,
except that schools would be granted full credit for graduating in 5
or 6 years a pupil with disabilities who graduates in accordance with
his or her individualized education program.  
   (4) Existing law authorizes the allocation of economic impact aid
funding to support educationally disadvantaged youth programs and
bilingual education, and requires the Superintendent to determine an
economic impact aid-eligible pupil count and calculate an amount of
economic impact aid for each school district. For charter schools
that are funded through the block grant funding model, as specified,
in the 2006-07 fiscal year, the department is required to use counts
as of October 2006 of pupils 5 to 17 years of age, inclusive, who are
living with families whose annual income is at or below the federal
poverty guideline, as defined, without revision.  
   This bill would delete the provision specifying that it shall be
without revision.  
   (5) Existing law requires the Superintendent to furnish the
Controller with certain data no later than 6 months following the
close of each fiscal year.  
   This bill would instead require the Superintendent to make certain
data available on an as-needed basis.  
   (6) The bill would update and correct specified cross references.
 
   Existing law establishes the Commission on Teacher Credentialing
to issue teaching and services credentials, and to establish
standards for the issuance and renewal of credentials, certificates,
and permits. Existing law authorizes 2 or more school districts to
enter into a joint powers agreement, as specified, for certain
purposes.  
   This bill would make technical, nonsubstantive changes by updating
a cross-reference to the commission, and by deleting an obsolete
reference to the Joint Powers Central County Occupational Center and
replacing it with a reference to the Metropolitan Education District.

   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program: no.


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

  SECTION 1.  Section 17592.5 of the Education Code is amended to
read:
   17592.5.  The Joint Powers Southern California Regional
Occupational Center and the Metropolitan Education District, a joint
powers authority, shall be deemed to be school districts for purposes
of Sections 17582 to 17592, inclusive, and for the purposes of
Section 17584. 
  SEC. 2.    Section 52165 of the Education Code is
amended to read:
   52165.  Each pupil of limited English proficiency enrolled in the
California public school system in kindergarten and grades 1 to 12,
inclusive, shall receive instruction in a language understandable to
the pupil that recognizes the pupil's primary language and teaches
the pupil English.
   (a) In kindergarten and grades 1 to 6, inclusive, the following
shall apply:
   (1) If the language census indicates that any school of a school
district has 10 or more pupils of limited English proficiency with
the same primary language in the same grade level or 10 or more
pupils of limited English proficiency with the same primary language,
in the same age group, and in a multigrade or ungraded instructional
environment, the school district shall offer instruction pursuant to
subdivision (a), (b), or (c) of Section 52163 for those pupils at
the school. If there are pupils of limited English proficiency with
different primary languages who do not otherwise satisfy the program
requirements of subdivision (a), (b), or (c) of Section 52163 or of
this subdivision, a language development specialist defined in
subdivision (b) may be used.
   (2) To the extent state or federal categorical funds are
available, the services, as described in this paragraph, are required
for pupils of limited English proficiency in concentrations of fewer
than 10 per grade level. If there are fewer than 10 pupils of
limited English proficiency in the same grade, but at least 20 pupils
of limited English proficiency in the school with the same primary
language, the school district shall provide at least one certified
bilingual-crosscultural teacher or teachers on waiver as defined in
Section 52178 or 52178.5 and an individualized instruction program as
defined in subdivision (f) of Section 52163 for those pupils at the
school. If the number of pupils of limited English proficiency in the
school exceeds 45, the district shall provide two of those teachers.
These teachers may be used as resource teachers or team teachers or
to provide any other services to pupils of limited English
proficiency as the district deems appropriate. These teachers shall
be different teachers than those required pursuant to paragraph (1).
   (b) The Legislature recognizes that in the past equal educational
opportunities have not been fully available to secondary pupils of
limited English proficiency. It is the intent of the Legislature to
encourage school districts to offer a language learning program
pursuant to subdivision (d) of Section 52163. Certified
bilingual-crosscultural teachers or, if those teachers are not
available, language development specialists assisted by a bilingual
aide shall be qualified to provide instruction for those programs.
Language development specialists shall be formally trained and
competent in the field of English language learning, including second
language acquisition and development, structure of modern English,
and basic principles of linguistics, and shall meet the culture and
methodology competencies established by subdivisions (b) and (c) of
Section 44253.5. The Commission on Teacher Credentialing shall
provide for the assessment of language competencies specified in this
section and shall modify existing culture and methodology competency
for language development specialist to ensure that they meet the
crosscultural and instructional methodologies for pupils being served
by those teachers. A teacher of English to speakers of other
languages certificate from a commission-approved teacher training
institution of higher education that meets the criteria established
by the commission pursuant to Section 44253.5 shall be accepted
instead of the methodology requirement.
   (c) In kindergarten and grades 1 to 12, inclusive, pupils of
limited English proficiency who are not enrolled in a program
described in subdivision (a), (b), (c), or (d) of Section 52163,
shall be individually evaluated and shall receive educational
services defined in subdivision (e) or (f), as appropriate, of
Section 52163. These services shall be provided in consultation with
the pupil and the parent, parents, or guardian of the pupil.
   (d) As a part of its consolidated application for categorical
program funds, each district receiving those funds shall include a
specific plan indicating the ways in which the individual learning
plans will meet the needs of pupils of limited English proficiency.
The plan shall describe all of the following:
   (1) Procedures used in making the individual evaluation.
   (2) The pupils' levels of English and primary language proficiency
and levels of educational performance.
   (3) Instructional objectives and scope of educational services to
be provided.
   (4) Periodic evaluation procedures, using objective criteria, to
determine whether the instructional objectives are being met.

   SEC. 2.    Section 41857 of the   Education
Code   is repealed.  
   41857.  A charter school is eligible for funding pursuant to, and
shall comply with all requirements of, this article. For purposes of
this article, a reference to a school district shall be deemed to
also be a reference to a charter school. 
   SEC. 3.    Section 47623 of the   Education
Code   is repealed.  
   47623.  If an elementary school petitions either the governing
board of the local school district or the State Board of Education to
become a charter school, as specified in Section 47621 or 47622,
that school shall receive state apportionments equal to the statewide
average revenue limit for elementary schools plus funding as
specified in paragraphs (2) and (3) of subdivision (a) of Section
47612. 
   SEC. 4.    Section 47660 of the   Education
Code   is amended to read: 
   47660.  (a) For purposes of computing eligibility for, and
entitlements to, general purpose funding and operational funding for
categorical programs, the enrollment and average daily attendance of
a sponsoring local educational agency shall exclude the enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
   (b) (1) Notwithstanding subdivision (a), and commencing with the
2005-06 fiscal year, 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 reside in
the unified school district and who would otherwise have been
eligible to attend a noncharter school of the school district, if the
school district was a basic aid school district in the prior fiscal
year, or if the pupils reside in the unified school district and
attended a charter school of that school district that converted to
charter status on or after July 1, 2005. Only the attendance of the
pupils described by this paragraph shall be included in the
calculation made pursuant to paragraph (7) of subdivision (h) of
Section 42238.
   (2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
only, 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 and is operating them as charter schools, shall include all
attendance of pupils who reside in the unified school district and
who would otherwise have been eligible to attend a noncharter school
of the unified school district if the pupils attended a charter
school operating in the unified school district prior to July 1,
2005. Only the attendance of pupils described by this paragraph shall
be included in the calculation made pursuant to Section 42241.3. The
attendance of the pupils described by this paragraph shall be
included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
   (c) Commencing with the 2005-06 fiscal year, for the attendance of
pupils specified in subdivision (b), the general-purpose entitlement
for a charter school that is established through the conversion of
an existing public school within a unified school district on or
after July 1, 2005, shall be determined using the following amount of
general-purpose funding per unit of average daily attendance, in
lieu of the amount calculated pursuant to subdivision (a) of Section
47633:
   (1) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year prior to
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as a charter
school.
   (2) For a subsequent fiscal year, the general-purpose entitlement
shall be determined based on the amount per unit of average daily
attendance allocated in the prior fiscal year adjusted for the base
revenue limit per pupil inflation increase adjustment set forth in
Section 42238.1, if this adjustment is provided, and also adjusted
for equalization, deficit reduction, and other state general-purpose
increases, if any, provided for the unified school district in that
fiscal year.
   (d) Commencing with the 2005-06 fiscal year, the general-purpose
funding per unit of average daily attendance specified for a unified
school district for purposes of paragraph (7) of subdivision (h) of
Section 42238 for a school within the unified school district that
converted to charter status on or after July 1, 2005, shall be deemed
to be the amount computed pursuant to subdivision (c).
   (e) A unified school district that is the sponsoring local
educational agency as defined in subdivision  (i) 
 (j)  of Section 47632 of a charter school that is subject
to the provisions of subdivision (c) shall certify to the
Superintendent the amount specified in paragraph (1) of subdivision
(c) prior to the approval of the charter petition by the governing
board of the school district. This amount may be based on estimates
of the unrestricted revenues expended in the fiscal year prior to the
school's conversion to charter status and the school's operation as
a charter school, provided that the amount is recertified when the
actual data becomes available.
   (f) For the purposes of this section, "basic aid school district"
means a school district that does not receive from the state an
apportionment of state funds pursuant to subdivision (h) of Section
42238.
   (g) A school district may use the existing Standardized Account
Code Structure and cost allocation methods, if appropriate, for an
accounting of the actual unrestricted revenues expended in support of
a school pursuant to subdivision (c).
   (h) For purposes of this section and Section 42241.3, "operating"
means that pupils are attending, and receiving instruction at the
charter school.
   SEC. 5.    Section 52052 of the   Education
Code   is amended to read: 
   52052.  (a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools, especially the academic performance of
pupils.
   (2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
   (A) Ethnic subgroups.
   (B) Socioeconomically disadvantaged pupils.
   (C) English language learners.
   (D) Pupils with disabilities.
   (3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
   (i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
   (ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
   (B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
   (C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the state board.
   (4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
   (A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
   (i)  The   Four-year graduation rates shall
be calculated by taking  number of pupils who graduated on time
for the current school year, which is considered to be three school
years after the pupils entered grade 9 for the first time, 
divided   and dividing that number  by the total
calculated in clause (ii).
   (ii) The number of pupils entering grade 9 for the first time in
the school year three school years prior to the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years prior to the current school year and the date
of graduation, less the number of pupils who transferred out of the
school between the school year that was three school years prior to
the current school year and the date of graduation who were members
of the class that is graduating at the end of the current school
year.
    (iii) Five-year graduation rates shall be calculated by
taking the number of pupils who graduated on time for the current
school year, which is considered to be four school years after the
pupils entered grade 9 for the first time, and dividing that number
by the total calculated in clause (iv). 
    (iv) The number of pupils entering grade 9 for the first time
in the school year four years prior to the current school year, plus
the number of pupils who transferred into the class graduating at
the end of the current school year between the school year that was
four school years prior to the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years prior to the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.

    (v) Six-year graduation rates shall be calculated by taking
the number of pupils who graduated on time for the current school
year, which is considered to be five school years after the pupils
entered grade 9 for the first time, and dividing that number by the
total calculated in clause (vi). 
    (vi) The number of pupils entering grade 9 for the first time
in the school year five years prior to the current school year, plus
the number of pupils who transferred into the class graduating at
the end of the current school year between the school year that was
five school years prior to the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years prior to the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.

    (B) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:

    (i) Schools shall be granted one-half the credit in their API
scores for graduating pupils in five years that they are granted for
graduating pupils in four years. 
    (ii) Schools shall be granted one-quarter the credit in their
API scores for graduating pupils in six years that they are granted
for graduating pupils in four years. 
    (iii) Notwithstanding clauses (i) and (ii), schools shall be
granted full credit in their API scores for graduating in five or six
years a pupil with disabilities who graduates in accordance with his
or her individualized education program (IEP).  
   (B) 
    (C)  The pupil data collected for the API that comes
from the achievement test administered pursuant to Section 60640 and
the high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English language learners, socioeconomic status,
gender, and ethnic group. Only the test scores of pupils who were
counted as part of the enrollment in the annual data collection of
the California Basic Educational Data System for the current fiscal
year and who were continuously enrolled during that year may be
included in the test result reports in the API score of the school.
Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index. 
   (C) 
    (D)  Before including high school graduation rates and
attendance rates in the API, the Superintendent shall determine the
extent to which the data currently are reported to the state and the
accuracy of the data. Notwithstanding any other provision of law,
graduation rates for pupils in dropout recovery high schools shall
not be included in the API. For purposes of this subparagraph,
"dropout recovery high school" means a high school in which 50
percent or more of its pupils have been designated as dropouts
pursuant to the exit/withdrawal codes developed by the department.

   (D) 
    (E)  The Superintendent shall provide an annual report
to the Legislature on the graduation and dropout rates in California
and shall make the same report available to the public. The report
shall be accompanied by the release of publicly accessible data for
each school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on statewide
standards-aligned assessments. In addition, the data shall be made
available in a manner that provides for comparisons of a minimum of
three years of data.
   (b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
   (1) The standards-based achievement tests provided for in Section
60642.5.
   (2) The high school exit examination.
   (c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
   (d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target. When the API is fully
developed, schools, at a minimum, shall meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
   (e) The API shall be used for both of the following:
   (1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
   (2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
   (f) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
   (2) A school annually shall receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the performance of the school for one or more of the
following reasons:
   (A) Irregularities in testing procedures occurred.
   (B) The data used to calculate the API score of the school are not
representative of the pupil population at the school.
   (C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
   (D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
   (E) Insufficient pupil participation in the assessments included
in the API.
   (3) If a school has fewer than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Section
60640 and the high school exit examination administered pursuant to
Section 60851, consistent with regulations adopted by the state
board.
   (g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
   (h) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
   SEC. 6.    Section 52127 of the   Education
Code   is amended to read: 
   52127.  (a) As a condition to receiving  any 
 an  apportionment pursuant to Section  51726
  52126  , school districts shall have a staff
development program that requires  any   a 
certificated teacher who will provide direct instructional services
for a class participating in the school district's class size
reduction program to receive the appropriate training necessary to
maximize the educational advantages of class size reduction. This
training shall include, but not be limited to, methods for providing
each of the following:
   (1) Individualized instruction.
   (2) Effective teaching, including classroom management, in smaller
classes.
   (3) Identifying and responding to pupil needs.
   (4) Opportunities to build on the individual strengths of pupils.
   (b) School districts may use funds currently received for staff
development or funds received under this chapter to meet the
requirements of this section.
   SEC. 7.    Section 54026 of the   Education
Code   is amended to read: 
   54026.  For purposes of this article, the following definitions
apply:
   (a) "Economically disadvantaged pupils" means either of the
following, whichever is applicable:
   (1) Pupils described in Section 101 of Title I of the federal No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6333(c)(1)(A)(B)).
Counts of the pupils described in this paragraph shall be the counts
used in the current year apportionment calculations for purposes of
Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.).
   (2) (A) Notwithstanding paragraph (1), for a small school
district, the product of the number of pupils eligible for
participation in the free meals program for the prior fiscal year, as
defined in subdivision (d), and the free meals adjustment factor.
The free meals adjustment factor is the quotient, rounded to two
decimal places, resulting from dividing the statewide total of
economically disadvantaged
pupils as defined in paragraph (1) by the statewide total of pupils
eligible for participation in the free meals program for the prior
fiscal year, as defined in subdivision (d).
   (B) Notwithstanding paragraph (1) or subparagraph (A), for charter
schools that are funded through the block grant funding model
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 in the 2006-07 fiscal year, the department shall use
counts as of October 2006 of pupils  ages  5 to 17
years  of age  , inclusive, who are living with families
whose annual income is at or below the federal poverty guideline, as
collected through the first principal apportionment data collection
process, as defined in Section 41601  , without revision
 . Commencing in the 2007-08 fiscal year, the Superintendent
shall use counts as of October of the prior year of pupils 
ages  5 to 17 years  of age  , inclusive, who are
living with families whose annual income is at or below the federal
poverty guideline, as collected through the first principal
apportionment data collection process, as defined in Section 41601,
without revision. For purposes of this subdivision, the department
may use in the first year of operation of a charter school that is
established on or after July 1, 2007, the current year counts of
pupils  ages  5 to 17 years  of age  ,
inclusive, who are living with families whose annual income is at or
below the federal poverty guideline.
   (C) The Superintendent may expand upon an existing process of
collecting free or reduced price meal data in order to collect from
small districts, as defined in subdivision (c), counts of pupils
living with families whose annual income is at or below the federal
poverty guideline.
   (b) "English learner" means a pupil described in subdivision (a)
of Section 306 or identified as a pupil of limited English
proficiency, as that term is defined in subdivision (m) of Section
52163. Counts of the pupils described in this subdivision shall be
the counts reported in the prior year language census.
   (c) "Small school district" means a school district that has an
annual enrollment of less than 600 pupils based on prior school year
CBEDS data and is, for the purposes of this section, designated a
rural school by the Superintendent based on the appropriate school
locale codes, as used by the National Center for Education Statistics
of the United States Department of Education.
   (d) "Free meals" means the aggregate number of pupils meeting the
income eligibility guidelines established by the federal government
for free meals as reported for all schools for which the district is
the authorizing agency.
   (e) For purposes of subparagraph (B) of paragraph (2) of
subdivision (a), the count of economically disadvantaged pupils for a
charter school that is operated pursuant to Section 47612.1 shall be
calculated without regard to the age of the pupil. A pupil who
resides in program housing shall be considered a family of one.
   SEC. 8.    Section 53892.1 of the  
Government Code   is amended to read: 
   53892.1.  For the purpose of permitting the compilation 
and publication of annual reports  of the financial
transactions of school districts by the Controller, the
Superintendent of Public Instruction shall  furnish 
 make available  to the Controller,  not later than
six months following the close of each fiscal year, such 
 on an as-needed basis,  data and other matters  as
are  required by this article by the Controller. The
Superintendent  of Public Instruction  shall derive
the data and other matters required for  the 
purposes of this article by the Controller from reports furnished by
school districts or by county officials to the Superintendent
 of Public Instruction  as provided by law. No
school district or county superintendent of schools shall be required
to furnish separate reports to the Controller by the provisions of
this article. The Superintendent  of Public Instruction
 shall furnish average daily attendance or enrollment data
in lieu of the general population data required of counties and other
municipal corporations by this article. The Superintendent 
of Public Instruction  shall add to the report forms
furnished by him  such   or her  items or
 such  other matters as may be agreed by the
Superintendent  of Public Instruction  and the
Controller to be needed for the purposes of this article.