BILL NUMBER: AB 798	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Member Wildman

                        FEBRUARY 24, 1999

    An act to amend, repeal, and add Section 1909 of the
Education Code, relating to education of prisoners.   An
act to amend, repeal, and add Section 41841.6 of the Education Code,
relating to education of prisoners. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 798, as amended, Wildman.  Education of prisoners. 
   Existing law sets forth a formula for the calculation of average
daily attendance for schools or classes for adults in correctional
facilities, and provides that a school district or county boards of
education may not claim or report any increase in average daily
attendance in excess of the authorized limit of adult education
average daily attendance unless the Legislature approves the increase
for that fiscal year in the annual Budget Act.
   This bill would instead provide, commencing with the 1999-2000
fiscal year, that a school district or county boards of education may
not claim or report any increase in average daily attendance for
schools or classes for adults in correctional facilities in excess of
the highest average daily attendance claimed and authorized during
any of the 5 previous fiscal years multiplied by 1.025 unless the
Legislature approves the increase for that fiscal year in the annual
Budget Act.  
   (1) Existing law provides for an allocation to each county
superintendent of schools that maintains schools or classes for
adults in correctional facilities, from money appropriated for those
purposes, an amount equal to the actual current expenses of the
program, but provides that the amount may not exceed an amount
determined pursuant to a certain formula.
   This bill would revise the formula for the 2000-01 fiscal year and
each fiscal year thereafter to increase the maximum amount that
could be allocated. 
   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.  Section 1909 of the Education Code is  
  SECTION 1.  Section 41841.6 of the Education Code is amended to
read: 
   41841.6.  (a) Except as otherwise provided in subdivision (b) of
Section 46191, commencing with the 1994-95 fiscal year, and for each
fiscal year thereafter, for purposes of Sections 1909 and 41841.5,
the calculation of the average daily attendance for schools or
classes for adults in correctional facilities is subject to the
following condition:  A school district or county board of education
shall not claim or report any increase in average daily attendance in
excess of the percentage authorized by subdivision (c) of Section
52616.17, unless the Legislature approves the increase for that
fiscal year in the annual Budget Act.
   (b) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance that
have not been approved by the Legislature pursuant to subdivision
(a).  
   (c) This section shall become inoperative on July 1, 1999, and as
of January 1, 2000, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2000, deletes or extends
the dates on which it becomes inoperative and is repealed. 

  SEC. 2.  Section 41841.6 is added to the Education Code, to read:
   41841.6.  (a) Except as otherwise provided in subdivision (b) of
Section 46191, commencing with the 1999-2000 fiscal year, and for
each fiscal year thereafter, for purposes of Sections 1909 and
41841.5, the calculation of the average daily attendance for schools
or classes for adults in correctional facilities is subject to the
following condition: Notwithstanding any other provision of law, a
school district or county board of education may not claim or report
any increase in average daily attendance in excess of the highest
average daily attendance claimed and authorized pursuant to this
article during any of the five previous fiscal years multiplied by
1.025, unless the Legislature approves a greater increase for that
fiscal year in the annual Budget Act.
   (b) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance that
have not been approved by the Legislature pursuant to subdivision
(a).
   (c) This section shall become operative on July 1, 1999. 
 amended to read:
   1909.  (a) From funds appropriated for allocation pursuant to
Sections 2558 and 41841.5, for each county superintendent of schools
who maintained schools or classes for adults in correctional
facilities in the 1981-82 fiscal year pursuant to Section 1906, and
who continues to maintain those schools or classes in each fiscal
year thereafter, the Superintendent of Public Instruction shall allow
in the 1982-83 fiscal year and each fiscal year thereafter, an
amount equal to the actual current expenses of the program, but not
to exceed an amount determined as follows:
   (1) Compute the prior year statewide average revenue limit per
unit of average daily attendance for adults, increased by the amount
specified in Section 52616.16 for the current fiscal year.
   (2) Multiply the amount computed in paragraph (1) by the average
daily attendance of the schools or classes in the current fiscal
year.
   (3) Multiply the product determined in paragraph (2) for each
fiscal year by 0.8.
   (b) Notwithstanding subdivision (a), for the 1993-94 and 1994-95
fiscal years, in no event shall the amount allowed to a county
superintendent of schools for each unit of average daily attendance
pursuant to that subdivision exceed the statewide average revenue
limit at which adults in correctional facilities were funded in the
1992-93 fiscal year, as adjusted by any cost-of-living adjustment
pursuant to Section 42238.1.
   (c) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that becomes effective on or before January 1, 2000, deletes
or extends that date.
  SEC. 2.  Section 1909 is added to the Education Code, to read:
   1909.  (a) From funds appropriated for allocation pursuant to
Sections 2558 and 41841.5, for each county superintendent of schools
who maintained schools or classes for adults in correctional
facilities in the 1981-82 fiscal year pursuant to Section 1906, and
who continues to maintain those schools or classes in each fiscal
year thereafter, the Superintendent of Public Instruction shall allow
in the 2000-01 fiscal year and each fiscal year thereafter, an
amount equal to the actual current expenses of the program, but not
to exceed an amount determined as follows:
   (1) Compute the prior year statewide average revenue limit per
unit of average daily attendance for adults, increased by the amount
specified in Section 52616.16 for the current fiscal year.
   (2) Multiply the amount computed in paragraph (1) by the average
daily attendance of the schools or classes in the current fiscal
year.
   (3) Multiply the product determined in paragraph (2) for each
fiscal year by 0.9.