BILL NUMBER: AB 798	AMENDED
	BILL TEXT

	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Member Wildman

                        FEBRUARY 24, 1999

   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   revise the formula for
the calculation of average daily attendance for schools or classes
for adults in correctional facilities for the 2000-01 fiscal year,
the 2001-02 fiscal year, and each fiscal year thereafter  .
   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 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,   2000,  and as of January 1,  2000,
  2001,  is repealed, unless a later enacted
statute, that becomes effective on or before January 1, 
2000,   2001,  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  
for the 2000-01  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)   excess of the greater of the following:
   (1) The average of the average daily attendance claimed and
authorized pursuant to this article during the six prior fiscal
years.
   (2) The average daily attendance claimed during the prior fiscal
year.
   (b) Except as otherwise provided in subdivision (b) of Section
46191, commencing with the 2001-02 fiscal year and 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 claim or report the maximum
amount authorized for the prior fiscal year multiplied by 1.025,
unless the Legislature approves a greater increase for that fiscal
year in the annual Budget Act.
   (c)  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)  or (b)  .  
   (c)  
   (d)  This section shall become operative on July 1, 
1999   2000  .