Amended in Senate July 2, 2014

Amended in Assembly May 23, 2014

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 amend begin delete Section end delete begin insert Sections 2575 and end insert 42238.03 of 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 begin delete authority end delete begin insert agreement end insert . Existing law requires that, for the 2013-14 and 2014-15 fiscal years only, of the funds a school district begin insert , county office of education, or joint powers agency end insert receives for purposes of regional occupational centers or programs, the school district begin insert , county office of education, or joint powers agency end insert expend no less than the amount of funds the school district begin insert , county office of education, or joint powers agency end insert expended for purposes of regional occupational centers or programs in the 2012-13 fiscal year.

This bill would extend that expenditure requirement to the 2016-17 fiscal year.

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

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2575 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

2575.  

(a) Commencing with the 2013-14 fiscal year and for
each fiscal year thereafter, the Superintendent shall calculate a
base entitlement for the transition to the county local control
funding formula for each county superintendent of schools based
on the sum of the amounts computed pursuant to paragraphs (1)
to (3), inclusive, as adjusted pursuant to paragraph (4):

(1) Revenue limits in the 2012-13 fiscal year pursuant to Article
3 (commencing with Section 2550) of Chapter 12, as that article
read on January 1, 2013, adjusted only for changes in average daily
attendance claimed by the county superintendent of schools for
pupils identified in clauses (i), (ii), and (iii) of subparagraph (A)
of paragraph (4) of subdivision (c) of Section 2574 and for pupils
attending juvenile court schools. For purposes of this paragraph,
the calculation of an amount per unit of average daily attendance
for pupils attending juvenile court schools shall be considered final
for purposes of this section as of the annual apportionment for the
2012-13 fiscal year, as calculated for purposes of the certification
required on or before February 20, 2014, pursuant to Sections
41332 and 41339. All other average daily attendance claimed by
the county superintendent of schools and any other average daily
attendance used for purposes of calculating revenue limits pursuant
to Article 3 (commencing with Section 2550) of Chapter 12, as
that article read on January 1, 2013, shall be considered final for
purposes of this section as of the annual apportionment for the
2012-13 fiscal year, as calculated for purposes of the certification
required on or before February 20, 2014, pursuant to Sections
41332 and 41339.

(2) The sum of all of the following:

(A) The amount of funding received from appropriations
contained in Section 2.00 of the Budget Act of 2012, as adjusted
by Section 12.42, in the following items: 6110-104-0001,
6110-105-0001, 6110-107-0001, 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, 6110-266-0001, 6110-267-0001,
6110-268-0001, and 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 of Title
2, as that chapter 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.
For purposes of this subparagraph, the 2012-13 fiscal year
appropriations described in this subparagraph shall be considered
final as of the annual apportionment for the 2012-13 fiscal year,
as calculated for purposes of the certification required on or before
February 20, 2014, pursuant to Sections 41332 and 41339.

(B) The amount of local revenues used to support a regional
occupational center or program established and maintained by a
county superintendent of schools pursuant to Section 52301.

(3) For the 2014-15 fiscal year and for each fiscal year
thereafter, the sum of the amounts apportioned to the county
superintendent of schools pursuant to subdivision (f) in all prior
years.

(4) The revenue limit amount determined pursuant to paragraph
(1) shall be increased by the difference determined by subtracting
the amount provided per unit of average daily attendance in
paragraph (1) for pupils attending a school that is eligible for
funding pursuant to paragraph (2) of subdivision (b) of Section
42285 from the amount of funding that was provided to eligible
schools in the 2012-13 fiscal year pursuant to Sections 42284 and
42238.146, as those sections read on January 1, 2013.

(b) The Superintendent shall annually compute a county local
control funding formula transition adjustment for each county
superintendent of schools as follows:

(1) Subtract the amount computed pursuant to subdivision (a)
from the amount computed pursuant to subdivision (e) of Section
2574. A difference of less than zero shall be deemed to be zero.

(2) Divide the difference for each county superintendent of
schools calculated pursuant to paragraph (1) by the total sum of
the differences for all county superintendents of schools calculated
pursuant to paragraph (1).

(3) Multiply the proportion calculated for each county
superintendent of schools pursuant to paragraph (2) by the amount
of funding specifically appropriated for purposes of subdivision
(f). The amount calculated shall not exceed the difference for the
county superintendent of schools calculated pursuant to paragraph
(1).

(c) The Superintendent shall subtract from the amount calculated
pursuant to subdivision (a) the sum of each of the following:

(1) Local property tax revenues received pursuant to Section
2573 in the then current fiscal year.

(2) Any amounts that the county superintendent of schools was
required to maintain as restricted and not available for expenditure
in the 1978-79 fiscal year as specified in the second paragraph of
subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978,
as amended by Chapter 51 of the Statutes of 1979.

(3) The amount received pursuant to subparagraph (C) of
paragraph (3) of subdivision (a) of Section 33607.5 of the Health
and Safety Code that is considered property taxes pursuant to that
section.

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

(5) The amount, if any, received pursuant to subparagraph (B)
of paragraph (3) of subdivision (e) of Section 36 of Article XIII
of the California Constitution.

(d) The Superintendent shall subtract from the amount computed
pursuant to subdivision (e) of Section 2574 the sum of the amounts
computed pursuant to paragraphs (1) to (5), inclusive, of
subdivision (c).

(e) The Superintendent shall annually apportion to each county
superintendent of schools the amount calculated pursuant to
subdivision (c) unless the amount computed pursuant to subdivision
(c) is negative. If the amount computed is negative, except as
provided in subdivision (f), an amount of property tax of the county
superintendent of schools equal to the negative amount shall be
deemed restricted and not available for expenditure during the
fiscal year. In the following fiscal year, that amount, excluding
any amount of funds used for purposes of subdivision (f), shall be
considered restricted local property tax revenue for purposes of
subdivision (a) of Section 2578. State aid shall not be apportioned
to the county superintendent of schools pursuant to this subdivision
if the amount computed pursuant to subdivision (c) is negative.

(f) (1) The Superintendent shall apportion, from an
appropriation specifically made for this purpose, the amount
computed pursuant to subdivision (b), or, if the amount computed
pursuant to subdivision (c) is negative, the sum of the amounts
computed pursuant to subdivisions (b) and (c) if the sum if greater
than zero.

(2) The Superintendent shall apportion any portion of the
appropriation made for purposes of paragraph (1) that is not
apportioned pursuant to paragraph (1) pursuant to the following
calculation:

(A) Add the amount calculated pursuant to subdivision (b) to
the amount computed pursuant to subdivision (a) for a county
superintendent of schools.

(B) Subtract the amount computed pursuant to subparagraph
(A) from the amount computed pursuant to subdivision (e) of
Section 2574 for the county superintendent of schools.

(C) Divide the difference for the county superintendent of
schools computed pursuant to subparagraph (B) by the sum of the
differences for all county superintendents of schools computed
pursuant to subparagraph (B).

(D) Multiply the proportion computed pursuant to subparagraph
(C) by the unapportioned balance in the appropriation. That product
shall be the county superintendent of schools’ proportion of total
need.

(E) Apportion to each county superintendent of schools the
amount calculated pursuant to subparagraph (D), or if subdivision
(c) is negative, apportion the sums of subdivisions (b) and (c) and
subparagraph (D) of this subdivision if the sum is greater than
zero.

(F) The Superintendent shall repeat the computation made
pursuant to this paragraph, accounting for any additional amounts
apportioned after each computation, until the appropriation made
for purposes of paragraph (1) is fully apportioned.

(G) The total amount apportioned pursuant to this subdivision
to a county superintendent of schools shall not exceed the
difference for the county superintendent of schools calculated
pursuant to paragraph (1) of subdivision (b).

(H) For purposes of this paragraph, the proportion of need that
is funded from any appropriation made specifically for purposes
of this subdivision in the then current fiscal year shall be considered
fixed as of the second principal apportionment for that fiscal year.
Adjustments to a county superintendent of schools’ total need
computed pursuant to subparagraph (D) after the second principal
apportionment for the then current fiscal year shall be funded based
on the fixed proportion of need that is funded for that fiscal year
pursuant to this subdivision, and shall be continuously appropriated
pursuant to Section 14002.

(g) (1) For a county superintendent of schools for whom, in the
2013-14 fiscal year, the amount computed pursuant to subdivision
(c) is less than the amount computed pursuant to subdivision (d),
in the first fiscal year following the fiscal year in which the sum
of the apportionments computed pursuant to subdivisions (e) and
(f) is equal to, or greater than, the amount computed pursuant to
subdivision (d) of this section, the Superintendent shall apportion
to the county superintendent of schools the amount computed in
subdivision (d) in that fiscal year and each fiscal year thereafter
instead of the amounts computed pursuant to subdivisions (e) and
(f).

(2) For a county superintendent of schools for whom, in the
2013-14 fiscal year, the amount computed pursuant to subdivision
(c) is greater than the amount computed pursuant to subdivision
(d), in the first fiscal year in which the amount computed pursuant
to subdivision (c) would be less than the amount computed pursuant
to subdivision (d), the Superintendent shall apportion to the county
superintendent of schools the amount computed in subdivision (d)
in that fiscal year and each fiscal year thereafter instead of the
amounts computed pursuant to subdivisions (e) and (f).

(3) In each fiscal year, the Superintendent shall determine the
percentage of county superintendents of schools that are
apportioned funding that is less than the amount computed pursuant
to subdivision (d), as of the second principal apportionment of the
fiscal year. If the percentage is less than 10 percent, the
Superintendent shall apportion to those county superintendents of
schools funding equal to the amount computed in subdivision (d)
in that fiscal year and for each fiscal year thereafter instead of the
amounts calculated pursuant to subdivisions (e) and (f).

(4) Commencing with the first fiscal year after the
apportionments in paragraph (3) are made, the adjustments in
paragraph (4) of subdivision (a) of Section 2574 and subparagraph
(B) of paragraph (1) of subdivision (c) of Section 2574 shall be
made only if an appropriation for those purposes is included in the
annual Budget Act.

(5) If the calculation pursuant to subdivision (d) is negative and
the Superintendent apportions to a county superintendent of schools
the amount computed pursuant to subdivision (d) pursuant to
paragraph (1), (2), or (3) of this subdivision, an amount of property
tax of the county superintendent of schools equal to the negative
amount shall be deemed restricted and not available for expenditure
during that fiscal year. In the following fiscal year the restricted
amount shall be considered restricted local property tax revenue
for purposes of subdivision (a) of Section 2578.

(h) Commencing with the 2013-14 fiscal year, the
Superintendent shall apportion to a county superintendent of
schools an amount of state aid, including any amount apportioned
pursuant to subdivisions (f) and (g), that is no less than the amount
calculated in subparagraph (A) of paragraph (2) of subdivision (a).

(i) (1) For the 2013-14 begin delete and 2014-15 end delete begin insert to 2016 end insert begin insert -17 end insert fiscal years begin insert ,
inclusive, end insert only, a county superintendent of schools who, in the
2012-13 fiscal year, from any of the funding sources identified in
paragraph (1) or (2) of subdivision (a), 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 pupils enrolled in grades 9 to 12, inclusive, shall not
redirect that funding for another purpose unless otherwise
authorized by law or pursuant to an agreement between the regional
occupational center or program joint powers agency and the
contracting county superintendent of schools.

(2) For the 2013-14 begin delete and 2014-15 fiscal years only, end delete begin insert to 2016-17
fiscal years, inclusive, only, end insert 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.

(j) For the 2013-14 and 2014-15 fiscal years only, a county
superintendent of schools who, in the 2012-13 fiscal year, from
any of the funding sources identified in paragraph (1) or (2) of
subdivision (a), 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 by law
or pursuant to an agreement between the home-to-school
transportation joint powers agency and the contracting county
superintendent of schools.

(k) (1) In addition to subdivision (j), of the funds a county
superintendent of schools receives for home-to-school
transportation programs, the county superintendent of schools shall
expend, pursuant to Article 2 (commencing with Section 39820)
of Chapter 1 of Part 23.5 of Division 3 of Title 2, Article 10
(commencing with Section 41850) of Chapter 5 of Part 24 of
Division 3 of Title 2, 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 county superintendent
of schools expended for home-to-school transportation in the
2012-13 fiscal year.

(2) 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.

(3) For the 2013-14 begin delete and 2014-15 end delete begin insert to 2016-17 end insert fiscal years begin insert ,
inclusive, end insert only, of the funds a county superintendent of schools
receives for purposes of regional occupational centers or begin delete programs,
or adult education, end delete begin insert programs, end insert the county superintendent of schools
shall expend no less for begin delete each of end delete those programs than the amount
of funds the county superintendent of schools expended for
purposes of regional occupational centers or begin delete programs, or adult
education, respectively, end delete begin insert programs, end insert in the 2012-13 fiscal year. For
purposes of this paragraph, a county superintendent of schools
may include expenditures made by a school district within the
county for purposes of regional occupational centers or programs
so long as the total amount of expenditures made by the school
districts and the county superintendent of schools equals or exceeds
the total amount required to be expended for purposes of regional
occupational centers or programs pursuant to this paragraph and
paragraph (7) of subdivision (a) of Section 42238.03.

begin insert

(4) For the 2013-14 and 2014-15 fiscal years only, of the funds
a county superintendent of schools receives for purposes of adult
education, the county superintendent of schools shall expend no
less than the amount of funds the county superintendent of schools
expended for purposes of adult education in the 2012-13 fiscal
year.

end insert

(l) The funds apportioned pursuant to this section and Section
2574 shall be available to implement the activities required
pursuant to Article 4.5 (commencing with Section 52060) of
Chapter 6.1 of Part 28 of Division 4 of Title 2.

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).
For purposes of this subparagraph, 2012-13 fiscal year average
daily attendance and 2012-13 fiscal year revenue limits shall be
considered final as of the annual apportionment for the 2012-13
fiscal year, as calculated for purposes of the certification required
on or before February 20, 2014, pursuant to Sections 41332 and
41339.

(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 of Part 26.8 of
Division 4, 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. For
purposes of this subparagraph, 2012-13 fiscal year average daily
attendance and 2012-13 fiscal year general purpose funding, as
computed pursuant to Article 2 (commencing with Section 47633)
of Chapter 6 of Part 26.8 of Division 4, as that article read on
January 1, 2013, shall be considered final as of the annual
apportionment for the 2012-13 fiscal year, as calculated for
purposes of the certification required on or before February 20,
2014, pursuant to Sections 41332 and 41339.

(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 begin insert to end insert Article 4 (commencing
with Section 42280) and Section 42238.146, as those provisions
read on January 1, 2013.

(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, begin insert and end insert 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 89 of Chapter 38 of the Statutes of 2012.
For purposes of this subparagraph, 2012-13 fiscal year entitlements
shall be considered final as of the annual apportionment for the
2012-13 fiscal year, as calculated for purposes of the certification
required on or before February 20, 2014, pursuant to Sections
41332 and 41339.

(B) Commencing with the 2014-15 fiscal year, the entitlements
identified in subparagraph (A) shall be adjusted to reflect the
exclusion of one-time redevelopment agency liquid asset recovery
revenue, pursuant to Section 34179.5 and following, of the Health
and Safety Code, before the application of the 8.92-percent
reduction 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.

begin insert

(7) For the 2013-14 and 2014-15 fiscal years only, of the funds
a school district receives for purposes of adult education, the
school district shall expend no less than the amount of funds the
school district expended for purposes of adult education in the
2012-13 fiscal year.

end insert begin delete

(7)

end delete

begin insert (8) end insert  For the 2013-14 begin delete and 2014-15 fiscal years only, of the funds end delete
begin insert to 2016-17 fiscal years, inclusive, only, end insert a school district begin insert shall
expend for end insert regional occupational centers or begin delete programs, or adult
education, the school district shall expend end delete begin insert programs end insert no less than
the begin insert total end insert amount of funds the school district expended for begin delete purposes
of end delete regional occupational centers or begin delete programs, or adult education,
respectively, end delete begin insert programs end insert in the 2012-13 fiscal year. For purposes
of this paragraph, a school district may include expenditures made
by its county office of education begin delete within the school district end delete for
purposes of regional occupational centers or programs so long as
the total amount of expenditures by the school district and begin delete the end delete begin insert its end insert
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.

begin delete

(8)

end delete

begin insert (9) end insert  For the 2013-14 and 2014-15 fiscal years only, and for
purposes of ensuring the continuity of essential induction and
training services for beginning teachers, the Alameda County
Superintendent of Schools shall withhold five hundred eighty-one
thousand five hundred forty dollars ($581,540) from the local
control funding formula apportionments of the Newark Unified
School District, and from those withheld funds shall allocate the
following amounts to the following entities:

(A) One hundred forty-seven thousand nine hundred twenty
dollars ($147,920) to the Alameda Unified School District.

(B) One hundred four thousand dollars ($104,000) to the San
Leandro Unified School District.

(C) One hundred sixty-four thousand six hundred twenty dollars
($164,620) to the Berkeley Unified School District.

(D) One hundred sixty-five thousand dollars ($165,000) to the
San Lorenzo Unified School District.

(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) (A) 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).

(B) For purposes of subparagraph (A), the proportion of total
need that is funded from any available appropriations specifically
made for purposes of this subdivision for a fiscal year shall be
considered fixed as of the second principal apportionment for that
fiscal year. Adjustments to a school district’s or charter school’s
total need, as computed pursuant to paragraph (1), subsequent to
the second principal apportionment for a fiscal year, shall be funded
based on the fixed proportion of total need that is funded for that
fiscal year pursuant to this subdivision and shall be continuously
appropriated pursuant to Section 14002.

(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). For
purposes of this subparagraph, 2012-13 fiscal year average daily
attendance and 2012-13 fiscal year revenue limits shall be
considered final as of the annual apportionment for the 2012-13
fiscal year, as calculated for purposes of the certification required
on or before February 20, 2014, pursuant to Sections 41332 and
41339.

(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 of Part 26.8 of
Division 4, 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. For purposes of this subparagraph, 2012-13 fiscal year
average daily attendance and 2012-13 fiscal year general purpose
funding, as computed pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that
article read on January 1, 2013, shall be considered final as of the
annual apportionment for the 2012-13 fiscal year, as calculated
for purposes of the certification required on or before February
20, 2014, pursuant to Sections 41332 and 41339.

(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, begin insert and end insert 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 89 of Chapter 38 of the Statutes of 2012.
For purposes of this subparagraph, 2012-13 fiscal year entitlements
shall be considered final as of the annual apportionment for the
2012-13 fiscal year, as calculated for purposes of the certification
required on or before February 20, 2014, pursuant to Sections
41332 and 41339.

(B) Commencing with the 2014-15 fiscal year, the entitlements
identified in subparagraph (A) shall be adjusted to reflect the
exclusion of one-time redevelopment agency liquid asset recovery
revenue, pursuant to Section 34179.5 and following, of the Health
and Safety Code, before the application of the 8.92-percent
reduction applied pursuant to subparagraph (A) of paragraph (1)
of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.

(C) 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. For purposes of this subparagraph,
the prior year funding amount per unit of average daily attendance
for the school district in which the charter school is physically
located shall be considered final as of the second principal
apportionment of the prior fiscal year.

(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.

(4) For purposes of this subdivision, the determination of a
charter school’s physical location shall be considered final as of
the second principal apportionment for the applicable fiscal year.

(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.

All matter omitted in this version of the bill appears in the bill as amended in the Assembly, May 23, 2014. (JR11)