Amended in Assembly May 1, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2216

Introduced by Assembly Member Muratsuchi

February 20, 2014

An act to begin delete add end delete begin insert amend end insert Section begin delete 52335.7 to end delete begin insert 42238.03 of end insert the Education Code, relating to regional occupational centers and programs.

LEGISLATIVE COUNSEL’S DIGEST

AB 2216, as amended, Muratsuchi. Regional occupational centers and programs: funding.

Existing law authorizes the county superintendent of schools of each county, with the consent of the State Board of Education, to establish and maintain a regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses. Existing law also authorizes the governing boards of any school district maintaining high schools in the county, with the consent of the state board and county superintendent of schools, to cooperate in the establishment and maintenance of a regional occupational center or program, except as specified, and authorizes the establishment and maintenance of a regional occupational center or program by 2 or more school districts to be undertaken pursuant to a joint powers authority. Existing law begin delete also requires the Superintendent of Public Instruction to calculate a revenue limit for each regional occupational center or program, as specified, and requires the Superintendent to apportion funds to the regional occupational center or program based on that calculation end delete begin insert provides that, for the 2013-14 and 2014-15 fiscal years only, of the funds a school district receives for purposes of regional occupational centers or programs the school district shall expend no less than the amount of funds the school district expended for purposes of regional occupational centers or programs in the 2012-13 fiscal year end insert .

begin insert

This bill would extend that expenditure requirement to the 2016-17 fiscal year. The bill would require the Superintendent to convene a task force to study funding models for regional occupational centers and programs and report recommended options pursuant to the findings of its study to the Legislature and Director of Finance on or before September 1, 2016.

end insert begin delete

This bill would express findings and declarations regarding career technical education, and would require a regional occupational center or program established and maintained by local educational agencies or a joint powers authority, as specified, to receive an annual appropriation from the General Fund for purposes of providing high-quality career technical education services. The bill would require the appropriated funds to be apportioned directly to the regional occupational center or program based on a formula agreed upon by the local educational agencies participating in the regional occupational center or program.

end delete

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.  

(a) The Legislature finds and declares all of the
following:

(1) A foundational principle in the Education Code is that all
pupils shall have access to equitable educational opportunities and
resources.

(2) The future of California is dependent upon minimizing, if
not entirely alleviating, inequities in public schools so that all
pupils will have equitable opportunities to learn skills needed for
entry into the workforce, pursue postsecondary educational goals,
and contribute to the social cohesion of the state.

(3) High-quality career technical education (CTE) programs
contribute to pupils’ academic and career achievement by allowing
pupils to smoothly enter the workforce or postsecondary education.

(4) Current law authorizes CTE courses as an option for pupils
to satisfy the high school graduation requirement to complete a
course in visual or performing arts or foreign language.

(5) High-quality CTE programs, including regional occupational
centers and programs (ROCPs) begin insert , end insert have served as a major component
to California’s workforce preparation system for the past 35 years.

(6) Studies have shown that pupils who participate in ROCPs
have improved high school grade point averages, have higher 12th
grade attendance rates, and have enrolled in postsecondary
educational programs in greater numbers.

(7) Regionalization and coordination with local educational
agencies, community colleges, and industry allow CTE programs
to efficiently use limited resources to provide pupils with a broad
array of training opportunities, use of expensive technical
equipment, and specially trained and experienced instructors.

(8) Despite the long-standing priority the Legislature has given
to CTE programs, in last year alone, high school CTE program
enrollment has dropped by over 100,000 pupils, which is over 12
percent, and California has lost 19.6 percent of its high school
CTE instructors.

(9) High-quality CTE programs are one of the most difficult
programs to rebuild if they are dismantled.

(b) It is the intent of the Legislature to enact legislation that
would promote and support high-quality CTE programs, including,
but not limited to, ROCPs, linked learning, partnership academies,
and career pathway programs, to help prepare and engage pupils
for transition to postsecondary educational opportunities and the
workforce.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 42238.03 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

42238.03.  

(a) Commencing with the 2013-14 fiscal year and
each fiscal year thereafter, the Superintendent shall calculate a
base entitlement for the transition to the local control funding
formula for each school district and charter school equal to the
sum of the amounts computed pursuant to paragraphs (1) to (4),
inclusive. The amounts computed pursuant to paragraphs (1) to
(4), inclusive, shall be continuously appropriated pursuant to
Section 14002.

(1) The current fiscal year base entitlement funding level shall
be the sum of all of the following:

(A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied
by the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05. A school district’s
2012-13 fiscal year revenue limit funding shall exclude amounts
computed pursuant to Article 4 (commencing with Section 42280).

(B) (i) For charter schools, general purpose funding as
computed pursuant to Article 2 (commencing with Section 47633)
of Chapter 6, as that article read on January 1, 2013, and the
amount of in-lieu property tax provided to the charter school
pursuant to Section 47635, as that section read on June 30, 2013,
divided by the 2012-13 average daily attendance of the charter
school computed pursuant to Section 42238.05. That quotient shall
be multiplied by the current fiscal year average daily attendance
of the charter school computed pursuant to Section 42238.05.

(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1,
as that section read on January 1, 2013.

(C) The amount computed pursuant to subparagraph (A) shall
exclude funds received pursuant to Section 47633, as that section
read on January 1, 2013.

(D) For school districts, funding for qualifying necessary small
high begin delete school end delete begin insert schools end insert and necessary small elementary schools shall
be adjusted to reflect the funding levels that correspond to the
2012-13 necessary small high school and necessary small
elementary school allowances pursuant Article 4 (commencing
with Section 42280) and Section 42238.146, as those provisions
read on January 1, 2013.

(2) Entitlements from items contained in Section 2.00, as
adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
6110-268-0001, 6360-101-0001, 2012-13 fiscal year funding for
the Class Size Reduction Program pursuant to Chapter 6.10
(commencing with Section 52120) of Part 28 of Division 4, as it
read on January 1, 2013, and 2012-13 fiscal year funding for pupils
enrolled in community day schools who are mandatorily expelled
pursuant to subdivision (d) of Section 48915. The entitlement for
basic aid school districts shall include the reduction of 8.92 percent
as applied pursuant to subparagraph (A) of paragraph (1) of
subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.

(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school computed pursuant
to Section 42238.05. That quotient shall be multiplied by the
current fiscal year average daily attendance of the charter school
computed pursuant to Section 42238.05.

(4) The amount allocated to a school district or charter school
pursuant to paragraph (3) of subdivision (b) for the fiscal years
before the current fiscal year divided by the average daily
attendance of the school district or charter school for the fiscal
years before the current fiscal year computed pursuant to Section
42238.05. That quotient shall be multiplied by the current fiscal
year average daily attendance of the school district or charter school
computed pursuant to Section 42238.05.

(5) (A) For the 2013-14 and 2014-15 fiscal years only, a school
district that, in the 2012-13 fiscal year, from any of the funding
sources identified in paragraph (1) or (2), received funds on behalf
of, or provided funds to, a regional occupational center or program
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code for purposes of providing
instruction to secondary pupils shall not redirect that funding for
another purpose unless otherwise authorized in law or pursuant to
an agreement between the regional occupational center or program
joint powers agency and the contracting school district.

(B) For the 2013-14 and 2014-15 fiscal years only, if a regional
occupational center or program joint powers agency established
in accordance with Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code for
purposes of providing instruction to pupils enrolled in grades 9 to
12, inclusive, received, in the 2012-13 fiscal year, an
apportionment of funds directly from any of the funding sources
identified in subparagraph (A) of paragraph (2) of subdivision (a),
the Superintendent shall apportion that same amount to the regional
occupational center or program joint powers agency.

(6) (A) (i) For the 2013-14 and 2014-15 fiscal years only, a
school district that, in the 2012-13 fiscal year, from any of the
funding sources identified in paragraph (1) or (2), received funds
on behalf of, or provided funds to, a home-to-school transportation
joint powers agency established in accordance with Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code for purposes of providing pupil
transportation shall not redirect that funding for another purpose
unless otherwise authorized in law or pursuant to an agreement
between the home-to-school transportation joint powers agency
and the contracting school district.

(ii) For the 2013-14 and 2014-15 fiscal years only, if a
home-to-school transportation joint powers agency established in
accordance with Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code for
purposes of providing pupil transportation received, in the 2012-13
fiscal year, an apportionment of funds directly from the
Superintendent from any of the funding sources identified in
subparagraph (A) of paragraph (2) of subdivision (a), the
Superintendent shall apportion that same amount to the
home-to-school transportation joint powers agency.

(B) In addition to subparagraph (A), of the funds a school district
receives for home-to-school transportation programs the school
district shall expend, pursuant to Article 2 (commencing with
Section 39820) of Chapter 1 of Part 23.5, Article 10 (commencing
with Section 41850) of Chapter 5, and the Small School District
Transportation program, as set forth in Article 4.5 (commencing
with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title
2, no less for those programs than the amount of funds the school
district expended for home-to-school transportation in the 2012-13
fiscal year.

(7) For the 2013-14 and 2014-15 fiscal years only, of the funds
a school district receives for purposes of begin delete regional occupational
centers or programs, or end delete adult education, the school district shall
expend no less than the amount of funds the school district
expended for purposes of begin delete regional occupational centers or
programs, or end delete adult education begin delete , respectively, end delete in the 2012-13 fiscal
year. begin delete For purposes of this paragraph, a school district may include
expenditures made by its county office of education within the
school district for purposes of regional occupational centers or
programs so long as the total amount of expenditures by the school
district and the county office of education equal or exceed the total
amount required to be expended for purposes of regional
occupational centers or programs pursuant to this paragraph and
paragraph (3) of subdivision (k) of Section 2575. end delete

begin insert

(8) For the 2013-14 to 2016-17 fiscal years, inclusive, only, a
school district shall expend for regional occupational centers or
programs no less than the total amount of funds the school district
expended for regional occupational centers or programs in the
2012-13 fiscal year. For purposes of this paragraph, a school
district may include expenditures made by its county office of
education for purposes of regional occupational centers or
programs so long as the total amount of expenditures by the school
district and its county office of education equal or exceed the total
amount required to be expended for purposes of regional
occupational centers or programs pursuant to this paragraph and
paragraph (3) of subdivision (k) of Section 2575.

end insert begin insert

(9) (A) The Superintendent shall convene a task force to study
funding models for regional occupational centers and programs
and report recommended options pursuant to the findings of its
study to the Legislature and the Director of Finance on or before
September 1, 2016.

end insert begin insert

(B) The requirement for submitting a report under this
paragraph is inoperative on January 1, 2019, pursuant to Section
10231.5 of the Government Code.

end insert begin insert

(C) A report to be submitted pursuant to this paragraph shall
be submitted in compliance with Section 9795 of the Government
Code.

end insert

(b) Compute an annual local control funding formula transition
adjustment for each school district and charter school as follows:

(1) Subtract the amount computed pursuant to paragraphs (1)
to (4), inclusive, of subdivision (a) from the amount computed for
each school district or charter school under the local control
funding formula entitlements computed pursuant to Section
42238.02. School districts and charter schools with a negative
difference shall be deemed to have a zero difference.

(2) Each school district’s and charter school’s total need, as
calculated pursuant to paragraph (1), shall be divided by the sum
of all school districts’ and charter schools’ total need to determine
the school district’s or charter school’s respective proportions of
total need.

(3) Each school district’s and charter school’s proportion of
total need shall be multiplied by any available appropriations
specifically made for purposes of this subdivision, and added to
the school district’s or charter school’s funding amounts as
calculated pursuant to subdivision (a).

(4) If the total amount of funds appropriated for purposes of
paragraph (3) pursuant to this subdivision are sufficient to fully
fund any positive amounts computed pursuant to paragraph (1),
the local control funding formula grant computed pursuant to
subdivision (c) of Section 42238.02 shall be adjusted to ensure
that any available appropriation authority is expended for purposes
of the local control funding formula.

(5) Commencing with the first fiscal year after either paragraph
(4) of this subdivision or paragraph (2) of subdivision (g) applies,
the adjustments in paragraph (2) of subdivision (d) of Section
42238.02 shall be made only if an appropriation for those
adjustments is included in the annual Budget Act.

(c) The Superintendent shall subtract from the amounts
computed pursuant to subdivisions (a) and (b) the sum of the
following:

(1) (A) For school districts, the property tax revenue received
pursuant to Chapter 3.5 (commencing with Section 75) and Chapter
6 (commencing with Section 95) of Part 0.5 of Division 1 of the
Revenue and Taxation Code.

(B) For charter schools, the in-lieu property tax amount provided
to a charter school pursuant to Section 47635.

(2) The amount, if any, received pursuant to Part 18.5
(commencing with Section 38101) of Division 2 of the Revenue
and Taxation Code.

(3) The amount, if any, received pursuant to Chapter 3
(commencing with Section 16140) of Part 1 of Division 4 of Title
2 of the Government Code.

(4) Prior years’ taxes and taxes on the unsecured roll.

(5) Fifty percent of the amount received pursuant to Section
41603.

(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000)
of Division 24 of the Health and Safety Code), less any amount
received pursuant to Section 33401 or 33676 of the Health and
Safety Code that is used for land acquisition, facility construction,
reconstruction, or remodeling, or deferred maintenance and that
is not an amount received pursuant to Section 33492.15, or
paragraph (4) of subdivision (a) of Section 33607.5, or Section
33607.7 of the Health and Safety Code that is allocated exclusively
for educational facilities.

(7) The amount, if any, received pursuant to Sections 34177,
34179.5, 34179.6, 34183, and 34188 of the Health and Safety
Code.

(8) Revenue received pursuant to subparagraph (B) of paragraph
(3) of subdivision (e) of Section 36 of Article XIII of the California
Constitution.

(d) A school district or charter school that has a zero difference
pursuant to paragraph (1) of subdivision (b) in the prior fiscal year
shall receive an entitlement equal to the amount calculated pursuant
to Section 42238.02 in the current fiscal year and future fiscal
years.

(e) Notwithstanding the computations pursuant to subdivisions
(b) to (d), inclusive, and Section 42238.02, commencing with the
2013-14 fiscal year, a school district or charter school shall receive
state-aid funding of no less than the sum of the amounts computed
pursuant to paragraphs (1) to (3), inclusive.

(1) (A) For school districts, revenue limits in the 2012-13 fiscal
year as computed pursuant to Article 2 (commencing with Section
42238), as that article read on January 1, 2013, divided by the
2012-13 average daily attendance of the school district computed
pursuant to Section 42238.05. That quotient shall be multiplied
by the current fiscal year average daily attendance of the school
district computed pursuant Section 42238.05. A school district’s
2012-13 revenue limit funding shall exclude amounts computed
pursuant to Article 4 (commencing with Section 42280).

(B) (i) For charter schools, general purpose funding in the
2012-13 fiscal year as computed pursuant to Article 2
(commencing with Section 47633) of Chapter 6, as that article
read on January 1, 2013, and the amount of in-lieu property tax
provided to the charter school in the 2012-13 fiscal year pursuant
to Section 47635, as that section read on January 1, 2013, divided
by the 2012-13 average daily attendance of the charter school
computed pursuant to Section 42238.05. That quotient shall be
multiplied by the current fiscal year average daily attendance of
the charter school computed pursuant to Section 42238.05.

(ii) The amount computed pursuant to clause (i) shall exclude
funds received by a charter school pursuant to Section 47634.1,
as that section read on January 1, 2013.

(C) The amount computed pursuant to subparagraph (A) shall
exclude funds received pursuant to Section 47633, as that section
read on January 1, 2013.

(D) For school districts, the 2012-13 funding allowance
provided for qualifying necessary small high schools and necessary
small elementary schools pursuant to Article 4 (commencing with
Section 42280) and Section 42238.146, as those provisions read
on January 1, 2013.

(E) The amount computed pursuant to subparagraphs (A) to
(D), inclusive, shall be reduced by the sum of the amount computed
pursuant to paragraphs (1) to (8), inclusive, of subdivision (c).

(2) (A) Entitlements from items contained in Section 2.00, as
adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
6110-268-0001, 6360-101-0001, 2012-13 fiscal year funding for
the Class Size Reduction Program pursuant to Chapter 6.10
(commencing with Section 52120) of Part 28 of Division 4, as it
read on January 1, 2013, and 2012-13 fiscal year funding for pupils
enrolled in community day schools who are mandatorily expelled
pursuant to subdivision (d) of Section 48915. Notwithstanding
Section 39 of Chapter 38 of the Statutes of 2012, the entitlement
for basic aid school districts shall include the reduction of 8.92
percent as applied pursuant to subparagraph (A) of paragraph (1)
of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.

(B) The Superintendent shall annually apportion any entitlement
provided to the state special schools from the items specified in
subparagraph (A) to the state special schools in the same amount
as the state special schools received from those items in the
2012-13 fiscal year.

(3) The allocations pursuant to Sections 42606 and 47634.1, as
those sections read on January 1, 2013, divided by the 2012-13
average daily attendance of the charter school. That quotient shall
be multiplied by the current fiscal year average daily attendance
of the charter school.

(f) (1) For purposes of this section, commencing with the
2013-14 fiscal year and until all school districts and charter schools
equal or exceed their local control funding formula target computed
pursuant to Section 42238.02, as determined by the calculation of
a zero difference pursuant to paragraph (1) of subdivision (b), a
newly operational charter school shall be determined to have a
prior year per average daily attendance funding amount equal to
the lesser of:

(A) The prior year funding amount per unit of average daily
attendance for the school district in which the charter school is
physically located. The Superintendent shall calculate the funding
amount per unit of average daily attendance for this purpose by
dividing the total local control funding formula entitlement,
calculated pursuant to subdivisions (a) and (b), received by that
school district in the prior year by prior year funded average daily
attendance of that school district. For purposes of this
subparagraph, a charter school that is physically located in more
than one school district shall use the calculated local control
funding entitlement per unit of average daily attendance of the
school district with the highest prior year funding amount per unit
of average daily attendance.

(B) The charter school’s local control funding formula rate
computed pursuant to subdivisions (c) to (i), inclusive, of Section
42238.02.

(2) For charter schools funded pursuant to paragraph (1), the
charter school shall be eligible to receive growth funding pursuant
to subdivision (b) toward meeting the newly operational charter
school’s local control funding formula target.

(3) Upon a determination that all school districts and charter
schools equal or exceed the local control funding formula target
computed pursuant to Section 42238.02, as determined by the
calculation of a zero difference pursuant to paragraph (1) of
subdivision (b) for all school districts and charter schools, this
subdivision shall not apply and the charter school shall receive an
allocation equal to the amount calculated under Section 42238.02
in that fiscal year and future fiscal years.

(g) (1) In each fiscal year the Superintendent shall determine
the percentage of school districts that are apportioned funding
pursuant to this section that is less than the amount computed
pursuant to Section 42238.02 as of the second principal
apportionments of the fiscal year. If the percentage is less than 10
percent, the Superintendent shall apportion funding to school
districts and charter schools equal to the amount computed pursuant
to Section 42238.02 in that fiscal year.

(2) For each fiscal year thereafter, the Superintendent shall
apportion funding to a school district and charter school equal to
the amount computed pursuant to Section 42238.02.

begin delete

SEC. 2.  

Section 52335.7 is added to the Education Code, to
read:

52335.7.  

Notwithstanding any other law, a regional
occupational center or program established and maintained by
local educational agencies or a joint powers authority pursuant to
Section 52301 shall receive an annual appropriation from the
General Fund for purposes of providing high-quality career
technical education services. The appropriated funds shall be
apportioned directly to the regional occupational center or program
based on a formula agreed upon by the local educational agencies
participating in the regional occupational center or program.

end delete