BILL NUMBER: AB 2362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2012

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 24, 2012

   An act to amend Section 42285.5 of the Education Code, relating to
education finance, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2362, as amended, Conway. Education finance: necessary small
high schools: average daily attendance.
   Existing law establishes an education funding system under which
the Superintendent of Public Instruction apportions to each
qualifying school district state aid funds in an amount not to exceed
its revenue limit, an amount that is largely based on the school
district's average daily attendance, which is computed as specified.
Existing law authorizes specified school districts to calculate their
revenue limits in a different manner if the school district includes
a necessary small high school, which is defined as a high school
with an average daily attendance of less than 301 that meets
prescribed conditions. Existing law also authorizes a school district
that includes a necessary small high school to include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number of
certificated employees employed in the 2011-12 fiscal year if the
school district included average daily attendance in grades 7 and 8
and the instructors of grade 7 and 8 pupils in the calculation of
average daily attendance and certificated employees employed in the
2010-11 fiscal year.
   This bill would  state the intent of the Legislature that the
Superintendent provide the Legislature with a report by February 1,
2013, recommending revisions to the definition of necessary small
schools and reforms to the formula for funding necessary small
schools. The bill would  instead authorize a school district
that includes a necessary small high school to include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number of
certificated employees employed in the  current 
 2012-13  fiscal year if the school district included
average daily attendance in grades 7 and 8 and the instructors of
grade 7 and 8 pupils in the calculation of average daily attendance
and certificated employees employed in the  prior 
 2011-12  fiscal year.
   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.    It is the intent of the Legislature
that the Superintendent of Public Instruction provide the Legislature
with a report by February 1, 2013, recommending revisions to the
definition of necessary small schools and reforms to the formula for
funding necessary small schools. 
   SECTION 1.   SEC. 2.   Section 42285.5
of the Education Code is amended to read:
   42285.5.  (a) For purposes of subdivision (a) of Section 42284 and
Section 42285, a school district may include average daily
attendance in grades 7 and 8 and the instructors of grade 7 and 8
pupils in the calculation of average daily attendance and number of
certificated employees employed in the  current 
 2012-13  fiscal year if the school district included
average daily attendance in grades 7 and 8 and the instructors of
grade 7 and 8 pupils in the calculation of average daily attendance
and certificated employees employed in the  prior 
 2011-12  fiscal year.
   (b) Notwithstanding Sections 42284 and 42285, for purposes of this
section, with respect to a school district eligible to utilize
subdivision (a),  any  references to grades 9 to 12,
inclusive, in Sections 42284 and 42285 shall be deemed instead to be
references to grades 7 to 12, inclusive.
   SEC. 2.   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 serve pupils without disrupting their education, and
to ensure the continuation of necessary small school funding for
grades 7  through   to  12, inclusive, it
is necessary for this act to take effect immediately.